Got a question for anyone who's had experience with agents and contracts.

What kind of question should I query an agency with(knowing that the contract is the only part that needs to be resolved)?

Why do you want to query an agency for? Representation? I’m not sure I’m understanding the question.

Quoted from SAC Why do you want to query an agency for? Representation? I’m not sure I’m understanding the question.

Representation. This is all very new to me. Just trying to make sure I cover my ass.

Oh ok. There are others I’m sure are more knowledgeable than me. When I sold my feature this past summer I never sought representation nor did I think I had to. Looking back, it might have been smart to get someone, lawyer at least, to help navigate the contract. They still owe me money (I’ve been paid most of it, thankfully), and it looks like they don’t want to pay the rest.

Quoted from SAC Oh ok. There are others I’m sure are more knowledgeable than me. When I sold my feature this past summer I never sought representation nor did I think I had to. Looking back, it might have been smart to get someone, lawyer at least, to help navigate the contract. They still owe me money (I’ve been paid most of it, thankfully), and it looks like they don’t want to pay the rest.

That sucks that they shorted ya.

I just want to make sure I'm protecting myself from anything like that happening to me. Lol

Looks like they don't want to pay you the rest?

Steve, have you completed all the work for them?

Sorry Zack, didn't mean to sideline.

Quoted from LC Looks like they don't want to pay you the rest? Steve, have you completed all the work for them? Sorry Zack, didn't mean to sideline.

No need to apologize. I'm actually curious, too.

Did you finish the project, Steve?

Quoted from Zack No need to apologize. I'm actually curious, too. Did you finish the project, Steve?

I’m at work so I really can’t answer in depth. But I’ll explain later on. Maybe I can get a few answers myself.

Okay, I'll try and explain this so it makes sense.

This producer, we'll call her Abby. Contacts me, wants to buy the script. Conference call with another producer, the whole bit. Abby sends me start-up money to let me know she's for real - no contract yet - and in good faith. Great! I get the contract - the first of three separate contracts, each one tweaked to include separate things, i.e., rewrites, the balance owed, co-writing credits, and that the final balance owed will be sent to me no later than 7 days after I hand in the rewrite. I sign them all, and ask then to be sent back to me once Abby signs. Not one has been sent back yet.

Still, Abby keeps sending me money periodically. She pretty much paid me almost everything, except what is owed. The script has been sent in - back in freaking August. It's just this damn final balance. I text her every week, then finally, I realize I'm getting the runaround and I get more stern than normal.

So, now she says that the final balance is not to be paid until she signs the "new" version of the contract, which states that I get only a co-writer credit, which was already stated on the other contracts, so it's nothing new.

So here I am. She did pay in good faith, but probably never signed those other contracts, and I feel that I won't get this "new" contact from her lawyer. I think once financing came through she got what she got then figured I'd already gotten enough, so hey, that's that, mattress man.

So, that's where I stand right now. And yes, all work has been completed.

Damn, Steven. That sounds frustrating as fuck. Definitely something I want to avoid.

Back to my original question... Anyone have any advice?

I don't know how we can answer this Zack. You want a sure fire way of getting everything into the contract so you never get screwed? Is that what you are after? That's tough. You need the advice of a lawyer to make sure you are as covered as possible but there's always the possibility of the relationship going south and it not ending well.

Quoted from MarkRenshaw I don't know how we can answer this Zack. You want a sure fire way of getting everything into the contract so you never get screwed? Is that what you are after? That's tough. You need the advice of a lawyer to make sure you are as covered as possible but there's always the possibility of the relationship going south and it not ending well.

I just want some guidance/advice, Dude. This is completely new to me. Have no idea how to even approach an agent/lawyer. I just want to do everything in my power to make sure I get a fair contract.

Without going for representation, I’d make sure of price. Will you get money up front, money when completed and paid in full after a certain time after you’ve handed in the script. Then, of course, make sure you and them BOTH sign the contract and that you have proof. If they falter in any way, like they do not send you back a copy of the signed contract, then a red flag should go up.

Basically, if something “seems” amiss it usually is.

Perhaps you could find a lawyer who’d look over the contract for you. Doesn’t necessarily have to be an entertainment lawyer, but at least they have knowledge with contracts and such.

Zack: Going to post a series of responses here due to length.

There are several types of agency query letters. One is a body of work type. i.e., You are trying to show an Agency that you have a lot of stuff available (versus being a one-shot type of thing). Here is a sample I wrote:

Quoted Text My name is David Lambertson.  I am an amateur screenwriter who has done very well in screenwriting contests. I am looking for representation to help in the journey of achieving commercial success. I write character-driven stories in all genres. I have completed six features, including: Title: The Beginning of The End and Then End Genre: Romantic Comedy Logline: A battle of wits ensues when an arrogant divorce lawyer moves into an office next door to a strong-willed marriage counselor. A building fire ultimately interrupts their battles while at the same time sparking a relationship. This script won the silver prize for the PAGE 2017 Screenplay competition. Title: The Last Statesman: Genre: Dramedy Logline: An old and cranky local politician goes publicly bananas in an effort to draw attention to an important social issue. This inadvertently puts the career of his son, the Governor of California, at risk. This script was a 2016 PAGE Finalist as well as a Nicholls’ quarterfinalist. Title: Dark World Genre: Thriller Logline: In order to stop a serial killer, an FBI Agent must convince his colleagues that the murders that only he can see on a virtual reality game are real. This script made the 2017 SHORES semi-finals. Title: La Loteria Genre: Drama Logline: A missing grand prize lottery ticket is the key to solving a series of murders in a gang-infested Los Angeles neighborhood. This script made the 2017 PAGE semi-finals. I would be delighted to meet with you to discuss representation or to send any of my work for your review.  I can be reached at: dlambertson@hotmail.com 714-xxx-xxxx. Thank you in advance for your consideration.

Conversely, you could write a query that highlights a specific script. Here is an example:

Quoted Text My name is David Lambertson.  I would like to submit my feature-length script to you for your consideration. This script one the Silver Award in the 2017 PAGE International Screenwriting Contest. Title:  The Beginning of The End and The End. Genre: Romantic Comedy Logline: A battle of wits ensues when a jaded, arrogant divorce lawyer moves into an office adjacent to a strong-willed marriage counselor. Ironically, a building fire that interrupts their battles sparks a relationship. Comps to other Films. A more condensed version of When Harry Met Sally. It has the witty dialogue of that film along with the physical comedy of Bridesmaid. Production Considerations The film should be able to be produced on a modest budget.  It is based in Los Angeles and most of the film takes place in a single location (Emily and George’s Offices). No special effects. Target Audience. A romantic comedy for adults. Suitable for either the big screen or small screen. A brief synopsis of the story follows. I would like to send the script to you for your consideration. I can be reached at: dlambertson@hotmail.com 714-xxx-xxxx Thank you in advance.

I posted the above to give you a sense of standard query letters for contrast. You seem to be in a different spot. Most agencies are getting queries from folks who want to use them to help sell their scripts. You seem to be in place where you essentially have a solid offer for the script and merely want the agent to help finalize/negotiate terms. So, I think your query email should be something akin to:

Quoted Text Title: SEEKING AGENT TO FINALIZE CONTRACT. My name is XXXXXX. I have received a formal offer from XXX to purchase my feature length screenplay: TITLE xxxxx GENRE xxxxx LOGLINE xxxxx I am now seeking representation for the purposes of finalizing this contract as well as to assist me in future endeavors. I have - SAY A WORD OR TWO ABOUT YOUR ACCOMPLISHMENTS AND THE NUMBER OF SCRIPTS YOU HAVE READY. Please contact me at XXXXXX if you are interested in negotiating this contract for me. Thanks in advance for your consideration.

Or something like that.

More to come:

Part II.

Now, who to send your query too? A good source is IMDB - I would join. Almost every Agency, Manager and Production house is there. Google is also an easy tool.  

Many agencies will not respond to an unsolicited query. So once you get your list together, you need to go to each agencies web-site to determine their solicitation policy.  Research five - send queries to them - then move on to the next five - rinse and repeat.

Quoted from Zack This is completely new to me. Have no idea how to even approach an agent/lawyer. I just want to do everything in my power to make sure I get a fair contract.

Lawyers are easy to contact since they work for you. You're paying them. Look-up entertainment attorneys.

I'm still not quite sure what your original question is. Do you have a script someone is interested in and you just need help with that contract? If so, contact an entertainment attorney. Doesn't have to be one in LA. It can be a local guy in your town. If you are dealing with an agent and you want to make sure the agent doesn't screw you, contact an entertainment attorney. If you are quering an agent in hopes to become repped, I'd follow Dave's advice and make sure you have more than one feature in your portfolio.

Either way, Good luck.  :)

PART III - DOES IT MATTER???

Just my opinion - but probably not.

The above posts are just standard query letter stuff. The underlying issues are:

1. An Agent has his interests in heart - not yours. They are more invested in making money then they are in protecting you. If you truly want protection you're probably better going the lawyer route - of course the problem with that is cost.

2. There is a timing issue. You apparently have an offer in hand. Getting an agent is not something peeps can do in quick order. I've been trying for two years and although I have had meetings - no luck in getting one. i.e., the likelihood is that your offer will go dead by the time it takes you to get an Agent - unless...

3. The offer is substantial in amount and from a reputable production company. e.g., If you have a meager offer from a start-up production company, it probably isn't going to carry much weight. I have had several of those and the Agencies couldn't give a shit. Conversely, if you have a six figure offer from a reputable production house - you have a chance. Not only send the queries - call them.

There are samples of standard contracts on the internet. Easy to research. I would do that as well. As writers, we kind of have to learn the business end of this craft. A necessary evil, IMO. This is a good starting point:

https://www.wga.org/contracts/contracts/other-contracts/standard-theatrical

Quoted from SAC Okay, I'll try and explain this so it makes sense. This producer, we'll call her Abby. Contacts me, wants to buy the script. Conference call with another producer, the whole bit. Abby sends me start-up money to let me know she's for real - no contract yet - and in good faith. Great! I get the contract - the first of three separate contracts, each one tweaked to include separate things, i.e., rewrites, the balance owed, co-writing credits, and that the final balance owed will be sent to me no later than 7 days after I hand in the rewrite. I sign them all, and ask then to be sent back to me once Abby signs. Not one has been sent back yet. Still, Abby keeps sending me money periodically. She pretty much paid me almost everything, except what is owed. The script has been sent in - back in freaking August. It's just this damn final balance. I text her every week, then finally, I realize I'm getting the runaround and I get more stern than normal. So, now she says that the final balance is not to be paid until she signs the "new" version of the contract, which states that I get only a co-writer credit, which was already stated on the other contracts, so it's nothing new. So here I am. She did pay in good faith, but probably never signed those other contracts, and I feel that I won't get this "new" contact from her lawyer. I think once financing came through she got what she got then figured I'd already gotten enough, so hey, that's that, mattress man. So, that's where I stand right now. And yes, all work has been completed.

So this was a finished feature that they outright bought the rights to and then also wanted a re-write? Is there language in effect saying you're giving them all rights to the script before payment is completed?

I don't know what recourse you'd have other than to get a lawyer. But that could cost more than you're trying to get paid.

I guess you could email them and say since they never signed the contract or finished payment, there's no agreement, therefore you're going to continue to shop the script around as your own. See how they react to that (they probably won't like it lol).

I do think once you started performing the contract and they paid you, that might mean you had an agreement even without a signature. But I don't really know contract law, partial performance, or much of anything.

Thanks a ton for all the info, Dave. As always, you've been a huge help. ;D

Quoted from Zack Thanks a ton for all the info, Dave. As always, you've been a huge help. ;D

No problem.  Good  luck

Quoted from MarkItZero So this was a finished feature that they outright bought the rights to and then also wanted a re-write? Is there language in effect saying you're giving them all rights to the script before payment is completed? I don't know what recourse you'd have other than to get a lawyer. But that could cost more than you're trying to get paid. I guess you could email them and say since they never signed the contract or finished payment, there's no agreement, therefore you're going to continue to shop the script around as your own. See how they react to that (they probably won't like it lol). I do think once you started performing the contract and they paid you, that might mean you had an agreement even without a signature. But I don't really know contract law, partial performance, or much of anything.

James,

You actually read this script and gave me notes on it. Thanks.

Anyway, yeah, completed script, full rewrite. Didn't look anything like my original. Then, after the other producers saw it, they hired more writers to tear it down. Now, from my understanding, it looks NOTHING  like the script I sold them. I guess that's kind of the way they're choosing to look at it - it's really not even your script anymore. My only hope at this point is they give me co-writing credit. That would be nice. But based on the way things have gone lately, I'd be surprised.

Quoted from SAC James, You actually read this script and gave me notes on it. Thanks. Anyway, yeah, completed script, full rewrite. Didn't look anything like my original. Then, after the other producers saw it, they hired more writers to tear it down. Now, from my understanding, it looks NOTHING  like the script I sold them. I guess that's kind of the way they're choosing to look at it - it's really not even your script anymore. My only hope at this point is they give me co-writing credit. That would be nice. But based on the way things have gone lately, I'd be surprised.

Oh Christmasville, yeah that was a good one. That sucks it didn't turn out quite how you hoped. At least you got paid most of it. Who knows, maybe things'll work out in the end. In the meantime, on to the next one! As Commander Taggart once said, "Never give up, never surrender!"

There are some ways to greatly improve your chances when trying to land representation. This is the list I compiled, from the mouths of agents:

The #8 best way to get an agent: query with an easily sold high concept idea. What that means is an ever-changing answer but if it gets their interest, you'll know.
#7: Win or place highly in a prestigious contest and include that in your query. By prestigious I mean one of the top ones like the Nicholl or PAGE or SXSW, but also Scriptapalooza, Script Pipeline and the like are gaining solid reputations. I'd put the Blacklist in this category as well.
#6: Pitch to them at a pitchfest. Impress them with your ideas and yourself.
#5: Get a recommend from a major coverage service like Bulletproof, Austin Film Festival, or the like.
#4: Get a recommendation from an insider. A producer, another agent, or a writer already repped at the agency.
#3: Option an intellectual property that's in demand. If they want it, they'll have to take a look at you.
#2: Make a small deal. If you can sell yourself and your work, you're an attractive client.
#1: Make a big deal. Agencies will always pay attention to money. Get a letter of intent and bring it to an agency to negotiate the deal. (Just make sure they will take you on as a client beyond just this one deal.)

Anyone looking for representation, make sure you have a few scripts in your portfolio before you start. Agencies and managers want to know you can do repeat business, if you're a one-trick pony they have no use for you. They want to know you can make money for them over and over again. Also, know the business, and be good at pitching. Reps send you to meetings, learn how to be good at it. And above all, never stop selling yourself. Agents and managers give you opportunities to do it, and you have to keep doing it on your own too.

Quoted from ReneC #2: Make a small deal. If you can sell yourself and your work, you're an attractive client. #1: Make a big deal. Agencies will always pay attention to money. Get a letter of intent and bring it to an agency to negotiate the deal. (Just make sure they will take you on as a client beyond just this one deal.)

It sounds like you're in one of the top two ways to get an agent's attention, but like Dave said, are you trying to get the agency to negotiate the deal for you or are you trying leverage the deal to attract representation? If it's the latter, you're better to hold off until the ink is dried and money is in hand because until you're actually paid it means nothing.

Thanks for the info, Rene. Very insightful. I suppose I'm in the camp of needing an agency to help me negotiate a contract.

$2000 per head.

No women. No children.

PM me if the price is right.

Shit, sorry. Ignore that. Totally got the wrong end of the stick there when I saw something about contract question.