Sample Filming Agreement


This agreement is entered into this _____ day of __________________, 2011 between [                        ], Inc. (hereinafter “[Your organization]”) and Stephan McCrea Marketing (hereinafter “McCrea”) for production of a film/video.  The parties agree as follows:

1.     McCrea will produce an audio visual program (hereinafter “Program”) about [Your organization's] volunteers whose working title is “Voices of Volunteers.”  Such Program shall contain [Your organization] volunteers’ recorded remembrances and statements concerning the volunteer’s experience as a volunteer.

2.     McCrea shall deliver the program to  [Your organization] in CD or DVD format.  McCrea may use additional media for delivery of the program.

3.     The program shall be of such length and duration as McCrea in its sole discretion determines to be appropriate.

4.     [Your organization] grants McCrea permission to use the [Your organization] site for any filming necessary for completion of the Program.  However, such access shall be available only through advance appointment made with [Your organization]'s Manager ___________ or a designee and preferably during normal business hours, Monday through Friday 9:00am to 5:00pm.

5.     McCrea agrees to use reasonable care to prevent damage to [Your organization] or related sites.  McCrea will indemnify [Your organization] and hold it, its officers, directors, employees, and volunteers harmless from any claims and demands of any person or persons arising out of or based upon personal injuries, death, or property damage suffered by such person or persons resulting directly from any act of negligence on McCrea’s part in connection with activities arising out of this Filming Agreement including payment of reasonable attorney fees incurred by [Your organization] in defense of such claims.

6.     For each person filmed by McCrea in production of the Program, McCrea agrees to require each such person to execute a “model release” form substantially identical to that found in Exhibit A, attached hereto and made part of this Filming Agreement.  McCrea agrees to provide copies of such forms to [Your organization] within 10 days of execution.

7.     For any use by McCrea of the Program as contemplated by paragraph 10 below or in the event McCrea fails to obtain a “model release” form as required by paragraph 5 above, McCrea agrees to indemnify and hold [Your organization] harmless from any and all claims that may be brought by an executing party arising out McCrea’s use of the executing party’s image or likeness in Program including payment of reasonable attorney fees incurred by [Your organization] in defense of such claims.

8.     [Your organization] shall not be responsible for any items or equipment brought to or left on [Your organization] site by McCrea.

9.    [Optional for Historic or cultural organizations] -- Due to the historic nature of the [Your organization] site, photography and/or filming shall not be permitted in the following locations:   _____________________________________.  All other areas of t[Your organization] are accessible. Artifacts of any kind may not be moved without approval. All handling of artifacts must be done by [Your organization] staff or volunteers.

10.  Upon completion and delivery of the Program to [Your organization], copyright and ownership of the Program shall be transferred to [Your organization].  McCrea may use the Program for its own promotional purposes only after receiving the express written consent of [Your organization].

11.  [Your organization] warrants that it is the authorized agent for the owner of [Your organization's] site and that [Your organization] has full authority to enter into this agreement and grant the rights herein granted, and that no other permission is required. 

12.  Neither [Your organization] nor McCrea nor their respective officers, directors, shareholders, employees, agents, licensees, successors, and assigns shall be liable to the other party hereunder for any indirect, incidental, special, consequential, exemplary, or punitive damages whether foreseeable or not, for any cause whatsoever.

13.  This is the entire agreement between the parties.  This agreement cancels and supersedes all prior negotiations and undertakings relating to the Program and/or [Your organization] and contains all of the terms, covenants, conditions, representations and warranties, written or oral, of the parties hereto.

14.  This Filming Agreement shall be construed and enforced in accordance with the laws of the State ofFlorida and the parties hereby consent to the jurisdiction of said state and the laying of venue in Broward County for any litigation arising out of this Filming Agreement.

15.  The signatures below indicate that the parties have read, fully understand, and shall abide by all terms of this agreement.

[Your organization]


By:      ___________________________                              ___________________

               [your organization's director]                                           Date



Stephan McCrea Marketing


By:      ___________________________                              ___________________

            Stephan McCrea                                                             Date



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