Contract Advice, Negotiation & Mediation

Contract & Agreement Information

A contract, or agreement, outlines work or services agreed on a project, what you will get paid, your rights, credits and entitlements.

Screen Industry Workers Act 2022 (SIWA)

All contracts must now include the following mandatory and enforceable terms, and under this legislation, no writer can commence work without a contract.

1. A term saying parties will comply with the Health and Safety at Work Act and Human Rights Act
2. Bullying, discrimination, and harassment processes
3. Dispute resolution processes
4. Termination notice periods and compensation

Further information on the Screen Industry Workers Act

Do All Contracts Have To Be In Writing?

Yes, always! See above note. Also, a verbal agreement isn’t a binding agreement when it comes to rights or entitlements.  Many of the NZWG's worst war stories come from writers who had no contract.

Do I need to read the contract?

Yes, always!  Never, ever sign a contract that you haven’t read or don’t understand. Members, if you don't understand it, contact NZWG to receive your free advice.  

How Can I Get Advice on Rates?

If you are a member, check the NZWG Rates Guide.  If you’re not sure after that, contact NZWG for your free advice.  

How do I talk to a Producer about getting a contract before writing?

If you aren't sure how to get your contract or agreement before commencing the writing, have a read of the NZWG & SPADA Best Practice Guide to help you with timing and how to ask your Producer to provide you with an agreement.

Types of Contracts & Agreements

The contract or agreement should reflect the kind of work you are doing. Here are some common types:

Option (and Purchase) Agreement

If you have taken an idea to a producer and they want to develop it, you need an option. An option is a rent-to-buy agreement – the producer gets the right to develop and shop the idea, for a fee, and for a time period. They do not own the rights (copyright) in the work at this stage, you are lending it to them.

Ideally, the option should agree a purchase price – the price and terms for if things go well.  Once the agreed assignment fee is paid, you have assigned the rights.

Things to watch out for:  

• Option Fee & Option Period

There should always be a fee to cover the option period, and repeating periods. The option period must have an end date if rights are not purchase. If there is no end date, you may find you are locked into an agreement for little or no money forever. You might not get your story back.

• Rights Reversion

All Option Agreements must include Rights Reversion clause. These types of clauses set out how rights in the story are returned to the writer, and what if any credits or fees will go to the producer should the work get made with another party.

Screenwriting Contract

This contract is for writing services, either based on your idea, or someone else’s.

This contract should cover the terms of your engagement, what you are required to deliver, when, and your fees, rights, back-end, and credits. It will normally cover the different stages of script creation: drafts, polishes, or rewrites, all with fee stages clearly outlined.

Things to watch out for:

• 'On acceptance’ clause which means a producer can reject your delivered work and ask for (possibly endless) rewrites.  Work should be ‘on delivery’.
• What rights do you have if you are not rehired after a draft?
• What credits are you entitled to, on what terms?

Consultant / Script Editor / Storyliner Contract

This contract will cover writing services at an agreed rate for a number of days – or an agreed amount of work at an agreed fee. You should have the right to a credit. You do not usually have rights in the work or a share of profits.

Confidentiality Agreement

You are reading a script or assessing a project. You agree that you cannot talk about it, share it, or nick off with it.

Non-Disclosure Agreement

You are reading a script or assessing a project. You REALLY agree that you cannot talk about it, share it, or nick off with it.

Collaboration Agreement

This sets out terms on a project that, is not yet funded. It establishes intentions, rights, share of profit and credits should things go well, and what happens if they do not.

Quit Claim

Sometimes projects reach a parting of the ways. A quit claim asks a party to relinquish any previous interest in the work on agreed terms. Sometimes you may want this, and sometimes they are required by funders to create a clean Chain of Title. However – Do not sign away previous rights, credits, or fees without taking advice.

NZWG Model Contracts aka "The Templates"

All model contracts are available and downloadable at the end of this page.

Model contracts were negotiated between the NZWG and SPADA in 2001. These model agreements include an Option Agreement, a Purchase Agreement and a Screenwriters Agreement.

The intention behind the model agreements is to provide a starting point from which agreements between Writers and Producers can be negotiated.  As with all contracts, modifications will need to be made to reflect individual circumstances and negotiated deal terms by both parties. NZWG recommends seeking legal advice when drafting any contracts or agreements.

Model contract info:

• Drafted primarily for feature film use
• A starting point for contract negotiations to commence.
• Both parties should seek independent legal advice when negotiation and finalising agreements.
• Neither NZWG or SPADA accept any liability or costs which a party may allege they have suffered through the use of these agreements

Below you can read in full the informative Guidelines for Use Booklet created by NZWG and SPADA.

Troubleshooting

What happens when it doesn't go to plan? NZWG is here to help all members!

Disputes are often solved through mediation (the parties discuss the problem with a mediator and come up with an agreed solution),arbitration (the parties submit their problems to an arbiter who makes a binding decision) or by a court (the parties argue their case in front of a judge).

NZWG supports our members through both mediation and arbitration. Contact NZWG to receive your free advice.

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Related Articles

Screen Industry Workers Act

NZWG Rates Guide