Drafting Film Location Agreements in Georgia: Permits, Insurance, and Property Damage Claims

Georgia is often referred to as the Hollywood of the South, hosting hundreds of blockbuster movies and television shows every year. Whether a production is shooting an explosive car chase on the streets of Atlanta or a quiet romantic scene in a historic Savannah home, a handshake agreement is never enough. Securing a legally binding film location agreement is the most critical pre-production step. This contract dictates exactly when the crew can arrive, what parts of the property they can use, and who is financially responsible if something gets broken.

For property owners, welcoming a film crew of eighty people with heavy lighting equipment and food trucks can be incredibly invasive and risky. A poorly drafted location agreement can leave a homeowner paying out of pocket for scratched hardwood floors or broken windows. Because Georgia real estate and contract laws are highly specific under O.C.G.A. § 13-2-2, it is vital to have professional legal guidance. If you are a property owner approached by a location scout, or an independent filmmaker needing to secure a site, we highly recommend searching our United States Attorney Directory to find a local Georgia entertainment or real estate lawyer to draft and review your contracts.

Step-by-Step Process for Securing Film Locations in Georgia

Drafting a location agreement and securing the proper permits involves coordinating with local governments, property owners, and insurance companies. Here is how the process works.

Filming on Historic Savannah Properties vs. Atlanta City Streets

Shooting on public property requires navigating strict municipal bureaucracies. If a production wants to shut down a busy street in Fulton County, they must apply for permits through the Atlanta Mayor's Office of Film and Entertainment, Atlanta by submitting an electronic permit application through the city's FilmApp portal. Conversely, filming in the historic districts of Chatham County involves the City of Savannah Film Office, Savannah. Savannah has highly restrictive rules regarding noise ordinances, heavy trucks on cobblestone streets, and the disruption of historic tourism. Your location agreement must clearly state who is responsible for obtaining and paying for these mandatory city permits.

Private Residential Agreements

When renting a private home for a shoot, the location agreement must be incredibly detailed. It should explicitly define the 'permitted footprint.' For example, if the crew is only renting the kitchen and the living room, the contract must forbid them from using the upstairs master bedroom for staging or storage. Furthermore, the agreement must stipulate the daily location fee, overtime rates if the crew stays past the 12-hour mark, and a mandatory 'restoration clause,' requiring the production company to return the property to its exact original condition, including repainting walls or replacing altered landscaping.

Holding Property Owners Harmless

Accidents happen on film sets. A grip might trip over a cable, or a heavy light stand could fall and injure a background actor. The property owner must be entirely shielded from these liabilities. The location agreement must contain a strong 'indemnification and hold harmless' clause. This legally shifts all responsibility for personal injuries and property damage onto the production company. Additionally, the production must provide a Certificate of Insurance (COI) naming the property owner as an 'additional insured' party before the first truck ever rolls into the driveway.

Handling Force Majeure (Weather Delays)

Georgia weather is notoriously unpredictable. A sudden summer thunderstorm can instantly shut down an outdoor shoot. A robust location agreement will include a 'force majeure' (Act of God) clause, detailing what happens when filming is impossible. Typically, this clause allows the production company to return to the location on a later date (a 'weather day') without paying the full initial location fee again, though they must usually cover the owner's out-of-pocket inconveniences.

Property Damage and Loss of Use Claims

If the crew accidentally damages the property, standard contracts give the production company the right to fix it. However, what if a fire destroys the kitchen, rendering the entire house uninhabitable for three months? The homeowner is not just entitled to the cost of drywall; they are entitled to 'loss of use' damages. As demonstrated in property damage and loss of use disputes like MCI Communications Svcs. v. CMES, Inc., 291 Ga. 461 (GA Supreme Court 2012), proving the financial value of losing access to your property requires precise legal maneuvering. Your contract must mandate that the production's insurance policy covers temporary housing for the owner in catastrophic scenarios.

How Much Does it Cost in Georgia?

The financial exchange in a location agreement varies based on the scope of the project.

• Location Fees: A residential home in Georgia can command anywhere from $500 to $5,000 per day for filming, plus prep and wrap days (usually billed at 50% of the shoot day rate).
• Permit Fees: City street closure permits typically range from $100 to $500, plus the cost of hiring off-duty local police officers for traffic control, which is mandatory.
• Attorney Fees: Hiring an entertainment lawyer to draft or review a standard location agreement usually costs a flat fee between $500 and $1,500, which is a small price to pay to protect a million-dollar home.

How Long Does the Process Take?

Production companies move incredibly fast. A location scout might knock on your door on a Tuesday wanting to film the following Monday. However, city governments require time. Permitting offices in Atlanta and Savannah usually require applications to be submitted at least 5 to 10 business days before the shoot. Drafting and negotiating the actual private location agreement between the homeowner's lawyer and the studio's legal department can typically be turned around in 48 to 72 hours.

Frequently Asked Questions (FAQ)