Short production INVESTMENT agreement Checklist

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If you are entering an investment agreement on a production, it’s important to set out the terms of the arrangement in a Short Production Investment Agreement.

A Short Production Investment Agreement covers production and parties, investment amount, deadlines, investor return, copyright ownership and control, credit entitlements and special conditions.

Fill out the checklist below to get started with a Short Production Investment Agreement. If you can’t answer certain questions, you’ll probably need legal advice, so just put ‘I don’t know’ or get in touch!

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1. Production and Parties

A. What is the name and description of the Production?
B. What is the name, ABN and address of the Production Company?
C. What are the details of the Investor?

2. Investment Amount

A. What is the 'Investment Amount' to be made available by the Investor?
B. What is the minimum and maximum 'Total Investment Amount' to be raised by way of 'Investment' for the Production?
D. Any requirement for other funds to be secured (e.g. development funds, distribution advance, completion guarantor)?
C. How, when and where is the 'Investment Amount' paid ?

3. Investment Deadlines

A. What is the deadline for the Total Investment Amount to be raised?
B. What is the deadline for commencement of the Production?
C. What is the deadline for completion of the Production?

4. Investor Return

A. What Proceeds can be expended or returned to third parties in priority to the 'Total Investment Amount'?
B. What is the calculation formula for the Investor's Return?
C. What is the Key Creatives Cap?
D. What share of Proceeds are the Investors entitled to?
E. What are the accounting and payment requirements (frequency and details required to be provided)?
F. Are there any other restrictions or requirements regarding use of Investment Amount and/or Proceeds?

5. Copyright Ownership and Control

A. Who will own copyright in the Production?
B. Any limitations on use of the Production or approvals required to be obtained from the Investor?

6.Credits and Entitlements

A. How will the Investor be credited/promoted?
B. Any restrictions on the use of the Investor's name, image and/or biography?
C. What other benefits or entitlements will the Investor receive in connection with the Production?

7. Special Conditions

A. Are there any special conditions that apply to the arrangement/relationship?
B. Is the Investor required to provide or make available any other item or informnation beyond the Investment Amount?

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