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Investor Agreement

For a producer raising private financing for a feature, series, or documentary — covers the investment amount, recoupment priority, profit waterfall, executive producer credit, reporting and audit rights, and the investor's passive role.

Drafted by a Harvard Law entertainment attorney.

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Is this the right contract for your project?

This contract is built for an investment in a film or media project. It fits deals that need clear use of funds, a defined recoupment order, profit participation, investor reporting, and clear risk acknowledgments.

Good fit for

  • Producers raising money for a project
  • Production companies bringing on investors
  • Investors funding a film or media project
  • Projects that need a clear recoupment order
  • Anyone who wants clear reporting and risk terms

You may also need

Before you start

It helps to have these details on hand before you create your contract:

  • The investment amount and use of funds
  • The total budget and other financing
  • The return structure and recoupment order
  • The profit participation split
  • What reporting the investor receives
  • Any credit for the investor
  • What say, if any, the investor has in decisions

What's Inside This Contract

Investment and funding

Sets the investment amount, funding schedule, and use of funds.

Nature of the investment

Covers the investor's passive role and risk acknowledgments.

Recoupment and profit participation

Sets the recoupment order and how profits are shared.

Accounting, reporting, and audit

Covers statements to the investor and audit rights.

Limited information and approval rights

Sets what the investor is told and any limited approvals.

Credit and producer control

Covers any investor credit and the producer's control of the project.

Representations, term, and securities compliance

Confirms the parties' promises and covers term and securities terms.

Disputes and general provisions

Covers standard terms such as notices, how disputes are handled, and signatures.

Points Worth Negotiating

  • How and when the investment is paid back
  • The order of recoupment before profits are shared
  • The investor's share of any profits
  • What reporting and information the investor receives
  • What say, if any, the investor has in decisions

Frequently Asked Questions

What is a film investor agreement?
It covers an investment in a project. It sets how funds are used, how returns are shared, and what rights and reporting the investor gets.
What is recoupment order?
It is the order in which money is paid back from revenue. Investors recoup their investment before profits are split, so the order matters.
How does an investor earn a return?
The investor recoups the investment first, then shares in profits. The agreement defines profit clearly and how it is calculated.
Does an investor control the project?
An investor does not control day-to-day decisions. Some deals give limited approval or reporting rights, and the agreement states what say the investor has.
What should I have ready before creating it?
Have the investment amount and use of funds, the recoupment order, the profit split, what reporting the investor receives, and any investor say in decisions.
Should I choose the custom contract or the editable template?
Choose the custom contract to answer a few questions and have it filled in for you. Choose the editable template if you prefer a blank version with labeled fields to complete yourself.
What are common warning signs in an investor agreement?

These are common issues to watch for in any investor agreement:

  • Unclear use of funds
  • No clear recoupment order
  • Vague profit calculation
  • No reporting to the investor
  • Missing risk acknowledgments
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