To exploit a production, production teams need to secure the rights to all elements recorded. One of the most complicated questions, which production legal evaluates on a case-by-case basis, is determining whether location agreements need to be obtained, as securing location agreements is an essential part of the process. 

The key elements that need to be included in any location agreement include: 

1. The right for production to enter and make recordings on the property; 
2. Explicit language that recordings are owned by the production company (or distributor, if required by the distributor);
3. Clearly defined rights to use the recordings both in the program and in advertising and promotion of the program;
4. Language permitting assignment and transfer of rights under the agreement; and 
5. A waiver of injunctive relief, limiting the grantor’s relief to seeking monetary damages and prohibiting their enjoining the distribution of the production.
6. In addition, unless it is specifically negotiated for otherwise, it should clearly state that there is no obligation to use the footage and materials filmed at the location and any use thereof is in the production company’s sole discretion.

Location agreements must be signed by the owner (or owners) of the property, and should include a representation and warranty from the owner that they own the property and have the authority and power to grant all rights. It is important to remember that tenants and renters may not have the authority to grant any rights with respect to the property, so seek permission from the person or entity that has the legal right to make the grants (for example, a landlord). If the property is part of a HOA, the HOA may also have to grant approval.

While location agreements provide the right to record the property, it is important to note that the grantors may not have the rights to everything on the property, such as signs, trademarks, logos, artwork and other elements, and those may need to be cleared separately in order to be shown in the production.

Finally, it is important to keep track of any restrictions or limitations on use of the recordings in a log (for example, if you can only use the recordings in one episode of the production or cannot use them in advertising or promotion), often referred to as a restrictions log, to keep everything organized for the production and the distributor.