Location Agreements: What Indie Filmmakers Really Need to Know

By:  Murray A. Roth, Jr., Esq.

 1/10/26

Finding the right location can elevate a film instantly. But for independent filmmakers, locations aren’t just a creative choice—they’re a legal one. From a distributor’s point of view, a location agreement is a required part of the film’s chain of title. If there’s a problem with it, the film can get stalled in due diligence or rejected outright.

That’s why dealing with location owners professionally—and getting the paperwork right—matters far more than many filmmakers realize.

Get the Agreement Signed Before Rolling the Camera

One of the most common mistakes indie filmmakers make is filming before the location agreement is signed. Sometimes it’s optimism. Sometimes it’s pressure. Sometimes it’s a friendly owner saying, “We’ll take care of it later.”

Believe me, later is too late.

If a filmmaker starts filming without a signed agreement, serious risk is being taken. A property owner can revoke permission mid-shoot, demand more money once it’s known that footage is in the can, or even block the filmmaker from using the material altogether. Courts tend to side with property owners when filming happens without written authorization, and verbal permission won’t protect.

The rule here is simple and unforgiving: no signature, no cameras. And this applies regardless of how “cool” the property owner may seem to be.

Make Sure the Rights Are Broad—and Assignable

A proper location agreement needs to clearly give the filmmaker the right to film on the property and to use that footage however the project requires. That means the right to record audio and video, to show the property in a fictional or dramatic context, and to use the footage in any media, anywhere in the world, forever.

Just as important, those rights must be assignable. When the film is sold or licensed, the distributors, sales agents, and financiers need to step into the filmmaker’s shoes - legally. If the location agreements limit the rights, prohibit assignment or do not explicitly allow assignment of the rights, distributors may demand a new release—which is often impossible once production is over.

Assignability is one of those small clauses that can quietly kill a distribution deal if it’s missing.

Insurance and Indemnification Go a Long Way with Owners

Most property owners aren’t worried about the filmmaker’s story, passion or festival run—they’re worried about liability. Who pays if someone gets hurt? Who’s responsible if something gets damaged?

That’s where insurance and indemnification matter. A professional location agreement should require that the production carry general liability insurance and that the owner be named as an additional insured. On top of that, a strong indemnification clause should make it clear that the production is responsible for claims arising out of the shoot.

These aren’t just legal formalities. For most property owners, this puts them at ease and can be the deciding factor in whether they’ll let filming happen at all.

Be Honest About the Budget and Scale

Independent filmmakers should also be upfront about what kind of production they’re running. If the property owner thinks that the project is a studio-backed film and later realizes it’s a lean indie shoot (or vise versa), problems tend to follow.

When expectations don’t match reality, owners may start questioning compensation, imposing new restrictions, or asking for more money once filming is underway. Being clear from the beginning that this is a low-budget, non-studio production helps prevent misunderstandings and keeps negotiations grounded. It will also justify the filmmaker’s request for a much lower location fee – sometimes even for free.

Transparency here isn’t a weakness—it’s risk management.

Be Careful About Letting Owners Watch the Monitors

It might seem harmless to let a property owner watch the live feed, but this can backfire. As all in the industry know, digital camera technology has advanced to unbelievable levels in this day and age. But property owners may be expecting an indie film to look more like a “home video” from the past. Once someone sees on a live monitor or playback the beauty of professional lighting, camera setups, and polished performances - all being captured by the astounding and professional digital cameras of our present time, they may assume that the production has far more money than it actually does. Even worse, they can get ideas that the small indie project being filmed on their property could result in a multi-million dollar windfall (that the property owner has no part). That perception can quickly turn into pressure to renegotiate terms.

Of course, property owners should be treated respectfully and kept informed. But access to video village or monitors should generally be limited unless the agreement requires otherwise.

Your Crew’s Behavior Is Your Responsibility

Before the shoot, it’s essential to remind your cast and crew that they’re working in someone else’s private space. Wandering into unapproved rooms, handling personal items, or being careless with noise and cleanliness can create serious problems. And even when explained beforehand, property owners usually don’t fully comprehend how many people will suddenly be invading their property for hours or days on end in order for the production to capture the footage that it needs. This also can create problems.

So just remember, from a legal standpoint, damage caused by a crew member isn’t a personal issue—it’s a production liability. Make expectations and limitations clear to all cast and crew before anyone steps on set.

The Bottom Line

Location agreements aren’t just optional paperwork. They’re enforceable legal documents that protect the production, investors, future distribution opportunities, and the property owners themselves. A solid location agreement—signed before filming, backed by insurance and indemnification, and granting assignable rights—keeps the chain of title clean, everyone protected, and the project commercially viable.

And to be clear, it’s very important not to cut corners on this – no matter who the property owner is. Very often the excitement of having one’s property used as a filming location can quickly change to an inconvenience, a hassle or even an unforeseen nightmare for the property owner. So having that signed location agreement in the production’s files from the very get-go is vital.

Disclaimer:  This article is provided for educational purposes only and is not intended to constitute legal advice. Before taking any action regarding this topic or any other legal issue, always consult an experienced entertainment attorney who can advise on your specific facts, films, and needs.