The production manager effectively aligns the crew for the smooth running of a film or any TV program. That makes the crew memo deal incredibly essential. It helps inform every party’s role in the crew and the terms of employment. We have design this crew deal memo template that covers all essential points and highlight the areas that you should consider when making the deal memo, and also provide an outline for you to make a deal memo as per your requirements. This article will discuss the importance of the crew deal memo and the key elements we have included in the template and the things you should be aware of.
What is a Crew Deal Memo?
A crew deal memo is a contract between a production company and a crew member that states workers’ and staff’s conditions for employment. Both parties must sign this agreement at the commencement of the pre-production phase once the production company has picked qualified individuals. Signing this agreement can involve agents who facilitate the process, ensuring no disputes arise in the future.
Critical Elements of a Crew Deal Memo
Our crew deal memo provides the following sections you must comprehensively understand as a production manager or crew member. Below, we’ll explain the sections to guide you through the filling process.
1. General Information
This part requires filling in crew members and the production team’s general information. Such information includes the production title, contact information of the production company, title or role of crew member, and start and end dates of their engagement. It ensures that everyone is clear about the project and their responsibilities.
Articulated compensation terms will ensure you maintain a more transparent working relationship. Both parties can know what exactly to expect by doing so, minimizing the risk of disputes over pay rates or payment schedules. This section will also help prepare the ground for overtime and bonus terms or other such financial engagements during production.
2. Compensation
This section informs the payment terms, including weekly and hourly rates, to avoid disputes over compensation.
Articulated compensation terms will ensure you maintain a more transparent working relationship. Both parties can know what exactly to expect by doing so, minimizing the risk of disputes over pay rates or payment schedules. This section will also help set the stage for the overtime and bonus terms or other such financial engagements during production.
3. Terms and Conditions of Employment
This part outlines what the production company is obligated to do and what the crew member is expected to do. It includes the job description, working hours, location, how travel expenses will be reimbursed, and union rules.
The terms and conditions are critical for the agreement, defining each party’s responsibilities. Including working hours, job expectations, and reimbursement policies helps eliminate any gray areas relating to both parties’ expectations. It’ll also safeguard both production companies’ crew members’ expectations by ensuring the working relationship is fair and well-understood.
4. Food and Rentals
This section details meal breaks and per diem allowances. It also documents procedures for reimbursing equipment rentals and housing arrangements for crew members required to stay overnight or for an extended period at the production location.
Clear guidelines for handling food, equipment rentals, and daily allowances prevent out-of-pocket expenses and disputes. These policies ensure proper compensation for crew members’ needs, such as meals and lodging, and clarify reimbursement for rental equipment.
5. IRCA Compliance
This section ensures that every crew member is legally entitled to work in the country where the production happens. It helps determine workers’ employment eligibility to avoid employing unauthorized workers.
Verifying crew members’ work eligibility ensures IRCA compliance, protecting the production company from legal penalties and fines. This provision also fosters a fair and legal working environment.
6. Insurance, Mileage, and Purchases
This part contains expense and equipment provisions, such as requiring car insurance, how mileage is reimbursed, and how purchases could be pre-approved and reimbursed. It further clarifies the crew member’s responsibility for maintaining and returning any equipment the Company might provide.
Clear insurance and reimbursement terms protect the crew and the production company from unforeseen expenses and resource misuse. Defining these conditions upfront ensures a transparent financial relationship throughout the project.
7. Screen Credit
This clause manages expectations about recognizing a crew member’s contribution through listing in the final production credits and states that the screen credit is purely at the production company’s discretion.
Screen credit impacts a crew member’s professional reputation and future job opportunities. This clause sets expectations by clarifying that credit decisions are solely at the discretion of the production company, helping crew members manage their expectations.
8. Rate and Term
This section outlines the compensation terms of the relationship, including that the relationship is an “at-will” engagement, and either party may terminate the agreement without notice. It also details the procedure for expense reimbursement not approved in advance and that no premium compensation will be paid for work done at night or on weekends or holidays.
This clause defines the contract’s overall framework, establishing it as “at-will,” meaning either party can terminate it as needed. Clear reimbursement terms and payment conditions minimize wage disputes and ensure fair compensation for all work, regardless of timing.
9. Arbitration
This section helps you resolve disputes that may arise during the employment period. It allows you to pick the arbitrators the conflicting parties involved shall use to solve conflicts.
Arbitration clauses provide a practical and efficient way to resolve disputes, saving time and money by avoiding lengthy court battles. This clause ensures both parties have a say in selecting arbitrators, leading to balanced conflict resolution.
10. Confidentiality Clause
This section helps protect sensitive information regarding production so that it remains private. Usually, it pins this obligation to everyone who gets out of contract, ensuring they don’t unnecessarily share compromising information with the public or face inevitable consequences.
This clause protects the production company’s intellectual property and sensitive information by requiring crew members to keep project details confidential. It prevents the loss of competitive advantage and potential project failure due to information leaks. This clause also holds crew members legally accountable if confidential information is disclosed.
11. No Obligation
This part states that the production company has no obligation to use a crew member’s service or the resulting output in the final film. The Company can only allow flexibility in adapting to project changes once the minimum amount is paid.
The no-obligation clause allows the production company to decide whether to use a crew member’s work. That’s crucial in dynamic production environments where changes must ensue. It helps crew members manage their expectations, knowing they may not expect their contributions in the final product.
12. No Waiver
The section states that the terms in the memo are binding. Amendments are only possible in writing and then made when mutual consent exists. That, therefore, ensures the amendments made to the agreement are well documented.
The no waiver clause ensures that any changes to the agreement must be made in writing, preventing misunderstandings. It protects both parties by requiring documented alterations, providing for easy adjustment of the original terms during production.
13. Work for Hire
This section states that crew members’ output is only “work for hire.” The production company owns all rights, including copyrights and trademarks. Exceptions can be that the crew member only portions of their work for non-commercial portfolio purposes with prior consent.
The work-for-hire clause grants the production company full rights to the work created during the project, including intellectual property like copyrights and trademarks. That ensures the company retains control over its materials, especially for commercial use. Crew members must obtain consent from the company if they wish to use the work for non-commercial purposes.
14. Availability
That the crew members are available as you shall require, and such crew members shall notify the Company promptly of any changes in their availability, locations, addresses, or other contact information.
The availability clause ensures crew members are ready to work according to the production schedule. It requires them to inform the company of any availability or contact information changes, preventing disruptions. This clause helps the production run smoothly by minimizing delays and complications.
15. Publicity
No news item or publicity, directly or indirectly related to the production, shall be made by any crew member to any person or concern without first obtaining in writing approval from the producer.
The publicity clause controls the release of information related to the production. It requires written approval for public statements, ensuring all communications align with the company’s strategy and vision. This clause prevents unauthorized leaks or premature announcements that could harm the production’s reputation.
16. Equal Employment Opportunity
This provision reflects how strongly the production company feels about enforcing an equitable workplace and compliance with all the related non-discrimination and harassment laws.
This clause emphasizes the production company’s commitment to fairness by complying with non-discrimination and harassment laws. It ensures a safe and respectful workplace for all crew members and protects the company from legal claims related to discrimination, demonstrating that all employment practices are within the law.
17. Assignment
This provision prohibits the crew members from assigning or transferring their rights or obligations under this contract without obtaining written consent from the production company.
The assignment clause prevents crew members from transferring their contractual obligations to others without approval. That should protect the production company’s control over who performs specific duties. With written consent, the company can avoid sudden changes that could disrupt production.
18. Entire Agreement
This provision states that the memo is the complete agreement, the last understanding, and reduces to one document from previous agreements, discussions, or other matters in agreement. All terms changes must be in writing and signed by both parties.
The agreement clause serves as the final contract between the parties, superseding prior agreements or understandings. It ensures clarity and eliminates ambiguities, making both parties fully aware of their rights and obligations under the current contract.
19. Sign Offs
This part legalizes the deal. It affirms the parties’ willingness by necessitating the signing, naming, and dating of the concerned parties in the agreement.
Who Works with this Deal Memo?
The production company or the hiring party deals with the deal memo. Typically, the Company’s legal or even HR departments handle all the legal aspects of the crew deal memo.
This crew deal memo is one of the most vital tools that should be in the hands of any production manager to ensure that the entire crew is precise with their job descriptions and terms of employment. A well-outlined memo will protect both parties from misunderstandings with other productions and allow running one without overstraining any side with efforts.
