Location release form: How-to guide

In the glamorous world of filmmaking, the location is vital in establishing the overall mood of the shooting and can even act as a distinct character. Professionals like commercial and art filmmakers, photographers, and producers find it exciting to get a location that justifies the characters and becomes the backbone of the entire script.

When selecting a location for a shoot, it's essential to consider more than just practical concerns. Choosing the right location and handling the property requires careful thought, considering logistical and creative factors.

However, as with any other collaboration, starting a massive endeavor with an oral confirmation isn't enough. The production house must obtain the property owner's permission to use a property for filming or photography purposes. Filmmakers, photographers, music professionals, and producers usually use location release forms to obtain permission to use someone's property.

The location release form template attached to this page can be a good reference point for drafting a location release agreement or a location agreement with all the details, such as the shooting location, details of the location owner, and more.

What is a location release form?

This document is an official agreement between the property owner and the producer that outlines the terms of use for the property.

• A location release form is signed by a property owner whose property is used by a specific individual or group to shoot their film content and the filming producer.
• It proves that the location owner has permitted the use of their property for film shooting purposes.
• The form includes details surrounding the transaction and outlines the production company's and location owner's expectations.

When do you need location release forms?

These location release forms are required after securing the most appropriate location for filming a documentary, film, commercial, music video, or social content.

Why is a location release form important?

A location release form is crucial for film production because it provides legal permission to use the location. The property owner or manager may require you to have the proper permits to film on their property. Therefore, it is essential to have a location release form to protect oneself and ensure a smooth production. Not having this form in place can lead to unfortunate instances like:

• Legal action from the owner or other parties: Without a location release form, it's possible to face legal action from the owner or other parties with a stake in the property. For instance, if a production company or filmmaker captures footage on a property without the owner's consent, they can sue the company for trespassing or copyright infringement.
• Conflicts with the owner or property manager: Without a location release form, there is a chance of a conflict between the property owner and the filmmaker over unforeseen issues. For instance, once the production is complete at a specific location, the team must restore it to its original state. This typically involves taking pictures before and after the production to guarantee that the location is left in the same condition as it was found initially. The parties may have conflicts if the ground rules are not followed.
• Loss of access to the property: It is vital to have a location release form before shooting on someone else's property. Without it, the owner may sometimes demand that you vacate the premises immediately, which could ruin the entire plot and result in wasted efforts from the production crew. It may affect the shooting crew's morale and impact the final product, whether a film, video, or commercial.

What are the key aspects to consider in a location release form?

Hiring a location scout

Cinema has the power to transport audiences to distant locations virtually. Securing the perfect location for a film production is crucial, and this task is assigned to a location scout. However, hiring a location scout is optional and depends on the discretion of the director, producer, and other concerned authorities, along with the budget allocated. Location scouting assigned to professionals is recommended to ensure that the right individual does this highly creative job. With their creative eye and solid logistics planning skills, they locate and secure the ideal places matching the varied film scenes.

• A location scout works closely with the director to understand the locations that best suit their vision and the story.
• They collaborate with the producer to ensure the locations fit the project's budget.
• Secure permission to shoot at a property.

Selecting the right location

After hiring the most eligible location scout for your next film, it's time they start hunting for the most lucrative locations for your project while following the guidelines of the screenplay team.

Initiating communications with the property owner

It is crucial to communicate with the location owner to discuss the intended usage of the location by the producer.

Logistics and other permissions

It is essential to clarify the logistics involved and address any concerns related to the transfer process with the property owner to avoid misunderstandings and future claims.

Setting a timeline

A location release form must include a set timeline for handing over the location before and after the shoot.

Understanding the clauses for a location release form

Introduction

This section lists the vital details of the production company and the owner/manager of the location where the production occurs.

Add the production company's name, address, and other relevant information, along with the name and contact details of the person in charge of the location where the production will be shot. This information is critical for effective communication and coordination between the production company and the location owner/manager to ensure a smooth and successful production process.

Permission; responsibilities

To ensure a safe and successful shoot, obtaining permission from the location owner or property in charge is essential. This clause outlines the consent of the location owner or property in charge, details of the location, start date, purpose of the shoot, and responsibilities of both the producer and location owner. The responsibilities of the producer and the location owner include any specific requirements or restrictions that may apply. By carefully outlining these details and responsibilities, both parties can work together to ensure the shoot is productive and successful while maintaining a safe and respectful environment for everyone involved.

Producer's responsibilities:

• Leaving the location as it was received initially by the production team.
• Care to prevent damage to the location.
• Compliance with the security and safety measures specified by the owner.
• Obtaining the necessary permits from any third party associated with the filming.

Owner's responsibilities:

• Assisting the producer in every aspect of production to ensure the project is completed successfully.

Location's use

This section defines the terms of the location usage; for example,

• It includes using equipment, props, personal property, or any temporary setting deemed necessary for the shooting.
• Allowing access to security personnel or any other individuals outside of the production team
• Furniture and decorative items may be moved or rearranged as long as the team ensures they are returned to their original places after the location's use is completed.

Compensation; expenses

This section details the compensation the producer would pay the location's owner in exchange for using the location for shooting purposes. It also establishes the expenses (if any) the producer must pay the property owner while utilizing the location. The owner shall raise the invoice, including all receipts, by the given date. The producer should pay the owner this amount within a set deadline as agreed by both parties.

Parties' rights

This section provides an overview of the rights held by the producer and the owner.

Producer's rights:

This clause describes the rights to use the footage granted to the producer, including the release of liability for using said footage from the location.

It also specifies the producer's right to reschedule the shooting due to unforeseen circumstances, such as weather or unfavorable conditions for filming.

Owner's rights:

This section clarifies the owner's rights to uphold the safety and security of the location premises.

If the producer fails to comply with the location's upkeep policy guidelines, the owner reserves the right to remove the production team from the location. The owner may also immediately remove the producer and their team in good faith if they behave differently than expected.

Representations

In this section, the location owner confirms that they are the sole owner of the mentioned location and are authorized to permit its use without requiring permission from any third party.

Indemnifications

This clause specifies that the owner and producer must indemnify each other and that the producer must obtain an insurance policy to cover any damages that may occur while using the location.

Force majeure

This section states that if an event beyond one's control, such as fire, flood, earthquake, strike, war, and more, makes it impossible for a party to perform its obligations, it may be released from such obligations. This release is effective only if circumstances prevent that party from completing its tasks.

However, if a force majeure event occurs and a party can't discharge its duties under the agreement, it must give written notice to the other party immediately. It is recommended that they also provide written notice when the problem is resolved and perform their duties under the release as soon as possible.

Governing law

This section states that the parties can select the laws of the state that will be used to interpret the document. As the producer and the location may be in different states, the applicable law may vary. It is important to note that this section does not serve as a venue provision.

Amendments

This clause specifies that any modifications to the agreement are only considered valid if they are in writing.

Assignments and delegations

This section of the agreement relates to the possibility of transferring responsibilities or authorizations to others. It indicates that if either party wishes to assign or delegate its rights and interests under the release, it must first obtain written consent from the other party. If an assignment or delegation violates this clause, it will be deemed null and void.

Counterparts; electronic signatures

This clause ensures that even if the parties signing the agreement are located in different cities and use electronic devices to transmit signatures, all the individual components will be considered a single agreement. This eliminates concerns about the agreement's validity and allows for efficient business transactions.

Severability

This clause safeguards the validity of the entire agreement, even if one part is later deemed invalid. For instance, if a state law is enacted that prohibits choice-of-law clauses, it will not nullify the entire document. Only the section of the agreement regarding choice of law would be nullified, while the rest remains enforceable.

Notice

This section specifies the mailing addresses for official or legal correspondence for the producer and the location owner. Provide the mailing address for both parties.

Waiver

This section clarifies that if a party wishes to waive a breach or failure of any condition, right, or remedy under the agreement, it must be done in writing and signed by the party waiving the breach. Further, any such waiver will only have a continuing effect if it is in writing and signed by the party waiving the breach.

Entire agreement

This section confirms that the document they are signing is "the agreement" about the issue involved. It is a comprehensive document explaining the subject matter of the release.

Headings

This section explains that the headings at the beginning of each section organize the document. However, the headings should not be used to interpret the clauses.

Effectiveness

This section clarifies that the agreement will be effective only after all parties have signed it. The date of the last signature will be considered the effective date of the release.

Necessary acts

According to this section, each party shall use reasonable efforts to ensure the release is complete and effective in its intent and purpose.

Frequently asked questions

What's a location release form?

Choosing real-world locations instead of sets can be a cost-effective and authentic option for TV shows, movies, and commercials. However, filming on location involves certain risks. A location release form is necessary to protect the production team and the location's owners. Before filming starts, it is vital to secure a location and clearly define the roles and responsibilities of the producer and the owner in writing. A producer can ensure this with a location release form.

What information is needed to complete your location release form?

Here's the information needed to complete your location release form:

• Details of the producer: Have the name and contact information of the producer ready
• Details of the location's owner: Have the name and contact information of the location's owner ready
• Details of the location: Get the complete address with any known landmarks. This would smoothen the logistics and any transfers or transit
• Duration of the shoot: Know the length of the shoot and any restrictions regarding rehearsals
• Compensation and other charges: Get the details of the fees charged by the owner of a property as well as any additional expenses for which they may require reimbursement