Deal Memos for Cast and Crew: What to Include

A deal memo is a short written agreement that sets out the main terms for a cast or crew member on a film: the job, the dates, the pay, the credit and the basic conditions. The producer or production manager sends it once terms are agreed, and both sides sign it before the person starts work. Below is what goes in one, a checklist for crew and cast, and the mistakes that cause disputes later.

What is a deal memo in film?

A deal memo is the written record of a deal you have already negotiated. It is usually one to three pages and covers the points people argue about later: how much, for how long, what counts as overtime, what credit they get. On larger productions it comes before a longer contract. On many indie shoots it is the only agreement, so it has to be complete. For a quick definition, see deal memo in the glossary.

Is a deal memo legally binding?

A deal memo can be binding if it contains the essential terms and both sides sign it, but that depends on its wording and on the law where you work. Some memos say they are "subject to a long-form agreement", which can change how they are treated. Because this varies, have an entertainment lawyer review your template once, then reuse it. This article is general information, not legal advice.

Who prepares the deal memo, and when?

For crew, the line producer, production manager or producer usually prepares deal memos after hiring. For cast, the producer or casting director negotiates the terms, often with the actor's agent, and the memo confirms them. Union productions usually have required union paperwork alongside or instead of your own memo, so check with the relevant union before you write anything.

Send each memo as soon as terms are agreed, and get it signed before the person's first paid day. A memo signed on day four of the shoot, after a disagreement, is much harder to get right.

What goes in a crew deal memo?

A crew deal memo covers the position, the dates, how pay is calculated, what extras are paid for, and how the person gets paid. Use this table as a checklist.

Field	What it covers	Example
Name and contact	Legal name, address, phone, email	Tomasz Wierzbicki, full contact details
Position	Job title and department	Production sound mixer, sound department
Dates	Prep, shoot and wrap days, or a start date and estimated end	1 prep day, 8 shoot days, 9 to 18 September
Rate	Amount and basis (day or week), and how many hours it covers	$[amount] per day, based on a 10 hour day
Overtime	When overtime starts and how it is paid	After 10 hours, at 1.5 times the hourly rate, in half hour units
Kit or box rental	Equipment the person brings, listed, and its fee	Sound kit as per attached list, $[amount] per shoot day
Travel and per diem	Mileage, travel days, accommodation, daily allowance	Mileage paid for travel to locations outside the city
Meals	Whether meals are provided on shoot days	Lunch and craft services provided on set
Payment terms	When and how pay is sent	Weekly, within 7 days of invoice, by bank transfer
Status and tax	Employee or contractor, and which tax forms apply	Contractor. Tax forms as required in your country
Credit	Screen credit wording and whether it is guaranteed	"Production Sound Mixer" in end credits
Rights in work	Production owns the work made for the film	All recordings are owned by the production
Cancellation	What happens if dates change or the shoot is canceled	Days canceled with less than 48 hours notice are paid
Signatures	Both parties, with dates	Producer and crew member

Leave amounts and overtime terms to what you actually negotiated. The figures above are placeholders. Day rates, overtime rules and turnaround requirements vary widely by country, union status and budget level.

What goes in a cast deal memo?

A cast deal memo covers the role, the work days, the pay and how the actor's image and performance can be used. Check it for these points:

• Role and character name, and whether it is a lead, supporting or day player part.
• Work dates. Shoot days, hold days, and any rehearsal, fitting or ADR days you expect.
• Pay. Rate per day or week, overtime, and any deferred pay with clear terms on when and from what money it is paid.
• Union status. Whether the actor is in a union and which agreement applies.
• Credit and billing. The credit wording and position, for example "main titles" or "end credits".
• Use of likeness. Permission to use the actor's name, image and performance in the film and its promotion.
• Travel and accommodation, if the shoot is away from where the actor lives.
• Nudity or intimate scenes. Any such content agreed in writing in advance, with the scenes listed. Union rules apply where relevant.
• Minors. A parent or guardian signature, and any work permits required where you shoot.

Many productions also have actors sign a separate talent release that grants the rights to use their performance. On a small shoot, check that the memo and the release do not contradict each other.

What does a short deal memo look like?

Here is how the key terms read for a crew member on "Salt Road", an eight day indie feature shoot. The money is left blank on purpose.

"Salt Road" Productions LLC engages Tomasz Wierzbicki as Production Sound Mixer for 1 prep day and 8 shoot days, 9 to 18 September. Rate: $[amount] per 10 hour day. Overtime after 10 hours at 1.5 times the hourly rate. Kit rental: $[amount] per shoot day for the sound package listed in Schedule A. Paid weekly by bank transfer within 7 days of invoice. Credit: "Production Sound Mixer", end credits. All recordings made for the production belong to the production. Shoot days canceled with less than 48 hours notice are paid in full. Signed and dated by both parties.

How do you write and send a deal memo step by step?

1. Start from a reviewed template. Have a lawyer look at your crew and cast templates once.
2. Agree the terms first. Negotiate by phone or email, then put exactly what you agreed into the memo.
3. Fill in the specifics. Dates, rate basis, overtime, kit list, credit wording. Avoid "standard" or "TBD" for anything that involves money.
4. Check it against the budget. Each memo should match its line in your budget, including kit rentals and travel.
5. Send it before the first day. Give the person time to read it and ask questions.
6. Get both signatures. Keep a signed copy for production and send one to the cast or crew member.
7. File it with payroll details. Accounts needs the memo to pay people correctly.

Common deal memo mistakes

• Relying on a handshake. Verbal deals are remembered differently by each side once the shoot gets long.
• A day rate with no hours. "$[amount] per day" with no hour count leaves overtime open to argument.
• Unlisted kit. If the memo says "camera package" without a list, you cannot tell what you rented when something is missing.
• Vague deferred pay. "Paid when the film makes money" invites disputes. Say what money, in what order, and when.
• Credit promises in conversation. If you promised a credit, write the exact wording.
• Signing after work starts. Late memos get signed under pressure, or never.

Keeping deal memos with your crew in Lowerated

Lowerated keeps your crew and your paperwork with the film project. Add people once to your crew list, with their roles and contacts, and use them across your call sheets and schedules. Send talent releases and agreements, get them signed online, and keep them stored with the project, so signed paperwork is easy to find when accounts or a distributor asks. If you are still building the team, start with how to hire a film crew on a small budget.

The clip shows talent releases and agreements sent, signed online and stored with the project.

FAQ

What is the difference between a deal memo and a contract?

A deal memo is a short summary of the key terms. A full contract adds detailed legal clauses. On small productions the deal memo is often the only agreement, so it needs every term that matters.

Do unpaid or deferred crew need a deal memo?

Yes. A memo still records the role, dates, credit, deferred pay terms and who owns the work, which protects both sides.

Can a deal memo be signed electronically?

In many places electronic signatures are accepted for this kind of agreement, but rules vary. Check with your lawyer if you are unsure.

Who keeps the signed deal memo?

Production keeps the original with its payroll and legal files, and the cast or crew member gets a signed copy.

Key takeaways

• A deal memo puts the agreed terms for one cast or crew member in writing: job, dates, pay, credit and conditions.
• Spell out the hours a day rate covers, overtime, kit rental, travel and payment timing.
• For cast, cover work days, union status, credit, use of likeness and any intimate scenes in advance.
• Get it signed before the first paid day, and match it to the budget.
• Have a lawyer review your template once, since enforceability and rules vary by country and union.