The 5 carriers for entertainment insurance are Fireman's Fund, Traveler's, Clarendon, Chubb, and HNC. You will need a broker or carrier to underwrite. A listing of insurers can be found in the Motion Picture TV and Theatre Directory, (set the search to "All Regions" and "Insurance") and at Production Insurance dot com, but you may also want to talk to Complex Corporation, which is a production company that will umbrella in and issue certificates of insurance to independent film projects budgeted under one million. Axium Entertainment Service is a payroll service and insurance provider in Bankruptcy.
For Texas Based insurance providers, in Dallas try Jeff Evans at Roeder & Moon, Inc. (www.roedermoon.com) 214-324-3700 or (800) 580-3545 or Lonzo Roberts at 972 991-2144. In Austin try Farmers Insurance agent J. Farris, in busines over 15 years for production, for all phases of production insurance including workman's comp. Call 512-930-5022 or email jfarris at farmersagent dot com.
FILM PERMIT
Within the Austin City Limits for street closures and reserving parking meters secure a Film Permit. There is no charge. You must list the city of Austin as insured in the amount of $500,000 on the certificate of insurance in order to secure a Film Permit. The instructions for securing a Film Permit are on this website under Film Permit.
SAMPLE LOCATION AGREEMENT
The following is a "sample only" location agreement. It should be modified to suit your project. Many property owners are not comfortable signing off on all clauses and provisions included. As with all agreements and contracts found on the web, have this form reviewed by an entertainment attorney.
LOCATION AGREEMENT sample only
Film: [TITLE]Scripted Location: [STREET, CITY, STATE].
Production Company: [COMPANY NAME]Date: [TODAY’S DATE]
Producer: [NAME, PHONE, EMAIL ADDRESS]
Dear Ladies and Gentlemen:
1. I, the undersigned owner or agent (“Owner”), whichever is applicable, hereby irrevocably grant to [Producer], of [Production Company] (“Producer”) and its agents, employees, contractors and suppliers the right to enter and remain upon and use the property, both real and personal, located at: [STREET, CITY, STATE] (the “Property”), including without limitation all interior and exterior areas, buildings and other structures of the Property, and owner’s name, logo, trademark, service mark and/or slogan, and any other identifying features associated therewith or which appear in, on or about the Property for the purpose of photographing (including without limitation by means of motion picture, still or videotape photography) said premises, sets and structures and/or recording sound in connection with the production, exhibition, advertising and exploitation of the short film tentatively entitled [TITLE] (the “Picture”).
2. Producer may take possession of said premises commencing on or about [TIME], [DATE] subject to change because of weather conditions or changes in production schedule, and continuing until the completion of all scenes and work required.(Until approximately [DATE], [TIME])
3. Charges:As complete and full payment for all of the rights granted to Producer hereunder, Producer shall pay to Owner the total amount of [AMOUNT].
All charges are payable on completion of all work completed, unless specifically agreed to the contrary.Producer is not obligated to actually use the property or produce any material photographed or recorded hereunder in the Picture.Producer may at any time elect not to use the Property by giving Owner or agent 24 hours written notice of such election, in which case neither party shall have any obligation hereunder.
4. Producer may place all necessary facilities and equipment, including temporary sets, on the Property, and agrees to remove same after completion of work and leave the Property in as good condition as when received, reasonable wear and tear from uses permitted herein excepted.Signs on the Property may, but need not, be removed or changed, but, if removed or changed, must be replaced.In connection with the Picture, Producer may refer to the Property or any part thereof by any fictitious name and may attribute any fictitious events as occurring on the Property.Owner irrevocably grants to Producer and Producer’s successors and assigns the right, in perpetuity, throughout the universe, to duplicate and recreate all or a portion of the Property and to use such duplicates and recreations in any media and/or manner now known or hereafter devised in connection with the Picture, including without limitation sequels and remakes, merchandising, theme parks and studio tours, and in connection with publicity, promotion and/or advertising for any or all of the foregoing.
5. Producer agrees to use reasonable care to prevent damage to the Property, and will indemnify and hold Owner harmless from and against any claims or demands arising out of or based upon personal injuries, death or property damage (ordinary wear and tear excepted), suffered by such person(s) resulting directly from any act of negligence on Producer’s part in connection with the work hereunder.
6. All rights of every nature whatsoever in and to all still pictures, motion pictures, videotapes, photographs and sound recordings made hereunder, shall be owned by Producer and its successors, assigns and licensees, and neither Owner nor any tenant or other party now or hereafter having an interest in said property shall have any right of action against Producer or any other party arising out of any use of said still pictures, motion pictures, videotapes, photographs and or sound recordings, whether or not such use is or may claim to be defamatory, untrue or censurable in nature.In addition, neither Owner nor any tenant nor any other party now or hereafter having an interest in the Property shall have any right of action, including but not limited to those based upon invasion of privacy, publicity, defamation or other civil rights in connection with the exercise of the permission and/or rights granted by Owner to Producer.If there is a breach by Producer hereunder, Owner shall be limited to an action at law for monetary damages.In no event shall Owner have the right to enjoin the development, production, distribution or exploitation of the Picture.
7. Force Majeur:If because of illness of actors, director or other essential artists and crew, weather conditions, defective film or equipment or any other occurrence beyond Producer’s control, Producer is unable to start work on the date designated above and/or work in progress is interrupted during use of the Property by Producer, then Producer shall have the right to use the Property at a later date to be mutually agreed upon and/or to extend the period set forth in Paragraph 2, and any such use shall be included in the compensation paid pursuant to Paragraph 3 above.
8. At any time within six (6) months from the date Producer completes its use of the Property hereunder, Producer may, upon not less than five (5) days prior written notice to Owner, reenter and use the Property for such period as may be reasonable necessary to photograph retakes, added scenes, etc. desired by Producer upon the same terms and conditions as contained in this agreement.
9. Owner warrants neither he nor anyone acting for him gave or agreed to give anything of value, except for use of the Property, to Producer or anyone associated with the production for using said Property as a Shooting location.
10.Owner represents and warrants that he/she is the owner and/or authorized representative of the Property, and that Owner has the authority to grant Producer the permission and rights granted in this agreement, and that no one else’s permission is required.If any question arises regarding Owner’s authority to grant the permission and rights granted I this agreement. Owner agrees to indemnify Producer and assume responsibility for any loss and liability incurred as a result of its breach of the representation of authority contained in this paragraph, including reasonable attorneys’ fees.
