Completion guarantee

Last updated

In filmmaking, a completion guarantee (sometimes referred to as a completion bond) is a form of insurance offered by a completion guarantor company (in return for a percentage fee based on the budget) that is often used in independently financed films to guarantee that the producer will complete and deliver the film (based on an agreed script, cast and budget) to the distributor(s) thereby triggering the payment of minimum distribution guarantees to the producer (but received by the bank/investor who has cash flowed the guarantee (at a discount) to the producer to trigger production). [1]

The producer will agree to deliver a film (based on an agreed script/cast/budget) to a distributor in respect of certain territories in consideration (inter alia) for payment of a "minimum distribution guarantee" payable at the point in time when the producer has delivered the completed film. The producer obviously requires such funds upfront to finance the film so the producer takes the signed distribution contract to a bank/financier and will effectively use it as collateral against a production loan. It is at this stage that the bank will require a completion bond to be executed to provide them with the required level of security against the risk of non-delivery by the producer. The parties to the completion bond agreement are typically the producer, the financier(s), the completion guarantor company and the distributor(s).

These methods of funding can be complicated and expensive due to legal, bank fees and interest. The bond fee itself is negotiable—typically 3–5% depending on the risks as assessed by the completion guarantor. For these reasons, completion bonds are typically used on mid- to high-budget independent films.

Key to the completion guarantor company's risk assessment process will be a careful scrutiny of key persons on the production team to determine whether the film is "bondable". Of particular interest will be the director, first assistant director, line producer, production manager, producer, cast and cinematographer, since these personnel will ultimately be responsible for keeping the production on budget and on schedule.

The completion guarantor will require a regular (usually daily) flow of production paperwork—for example, production reports, cashflow and cost reports etc. Under the bond agreement, the completion guarantor has the contractual right to "take over the film" (which will include wide "hire and fire" rights over any personnel including the director) since they are financially liable if the film goes over budget. In extreme circumstances, films are sometimes finished by the completion guarantor company (this infamously occurred during production of The Thief and the Cobbler )—an event that is traumatic for the crew and cast, and can be disastrous for a film's creative and commercial ambitions. However completion guarantors also know that it is usually in their interests to work with an established production team to assist them to bring a production back onto schedule and within the agreed budget.

Related Research Articles

Film promotion is the practice of promotion specifically in the film industry, and usually occurs in coordination with the process of film distribution. Sometimes called the press junket or film junket, film promotion generally includes press releases, advertising campaigns, merchandising, franchising, media and interviews with the key people involved with the making of the film, like actors and directors. As with all business, it is an important part of any release because of the inherent high financial risk; film studios will invest in expensive marketing campaigns to maximize revenue early in the release cycle. Marketing budgets tend to equal about half the production budget. Publicity is generally handled by the distributor and exhibitors.

A credit risk is risk of default on a debt that may arise from a borrower failing to make required payments. In the first resort, the risk is that of the lender and includes lost principal and interest, disruption to cash flows, and increased collection costs. The loss may be complete or partial. In an efficient market, higher levels of credit risk will be associated with higher borrowing costs. Because of this, measures of borrowing costs such as yield spreads can be used to infer credit risk levels based on assessments by market participants.

A performance bond, also known as a contract bond, is a surety bond issued by an insurance company or a bank to guarantee satisfactory completion of a project by a contractor. The term is also used to denote a collateral deposit of good faith money, intended to secure a futures contract, commonly known as margin.

Carolco Pictures Defunct US independent film production company

Carolco Pictures, Inc. was an American independent motion picture production company that existed from 1976 to 1995, founded by Mario Kassar and Andrew G. Vajna. Kassar and Vajna ran Carolco together until 1989, when Vajna left to form Cinergi Pictures. Carolco hit its peak in the 1980s and early 1990s, with blockbuster successes including the first three films of the Rambo franchise, Total Recall, Terminator 2: Judgment Day, Basic Instinct, Universal Soldier, Cliffhanger and Stargate. Nevertheless, the company was losing money overall, and required a corporate restructuring in 1992. The 1995 film Cutthroat Island, intended to be a comeback for the studio, instead lost $147 million and brought the company to an end.

Filmmaking is the process by which a motion picture is produced. Filmmaking involves a number of complex and discrete stages, starting with an initial story, idea, or commission. It then continues through screenwriting, casting, pre-production, shooting, sound recording, post-production, and screening the finished product before an audience that may result in a film release and an exhibition. Filmmaking occurs in a variety of economic, social, and political contexts around the world. It uses a variety of technologies and cinematic techniques.

In the film industry, an option is a contractual agreement pertaining to film rights between a potential film producer and the author of source material, such as a book, play, or screenplay, for an exclusive, but temporary, right to purchase the screenplay, given the film producer lives up to the terms of the contract.

Principal photography Phase of producing a film or television show in which the bulk of shooting takes place

Principal photography is the phase of producing a film or television show in which the bulk of shooting takes place, as distinct from the phases of pre-production and post-production.

In finance, a surety, surety bond or guaranty involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults. Usually, a surety bond or surety is a promise by a surety or guarantor to pay one party a certain amount if a second party fails to meet some obligation, such as fulfilling the terms of a contract. The surety bond protects the obligee against losses resulting from the principal's failure to meet the obligation. The person or company providing the promise is also known as a "surety" or as a "guarantor".

A production company, production house, production studio, or a production team is a business that provides the physical basis for works in the fields of performing arts, new media art, film, television, radio, comics, interactive arts, video games, websites, music, and video. Production teams consist of technical staff to produce the media. Generally the term refers to all individuals responsible for the technical aspects of creating a particular product, regardless of where in the process their expertise is required, or how long they are involved in the project. For example, in a theatrical performance, the production team has not only the running crew, but also the theatrical producer, designers and theatrical direction.

Project finance is the long-term financing of infrastructure and industrial projects based upon the projected cash flows of the project rather than the balance sheets of its sponsors. Usually, a project financing structure involves a number of equity investors, known as 'sponsors', and a 'syndicate' of banks or other lending institutions that provide loans to the operation. They are most commonly non-recourse loans, which are secured by the project assets and paid entirely from project cash flow, rather than from the general assets or creditworthiness of the project sponsors, a decision in part supported by financial modeling; see Project finance model. The financing is typically secured by all of the project assets, including the revenue-producing contracts. Project lenders are given a lien on all of these assets and are able to assume control of a project if the project company has difficulties complying with the loan terms.

In the United States, an annuity is a structured (insurance) product that each state approves and regulates. It is designed using a mortality table and mainly guaranteed by a life insurer. There are many different varieties of annuities sold by carriers. In a typical scenario, an investor will make a single cash premium to own an annuity. After the policy is issued the owner may elect to annuitize the contract for a chosen period of time. This process is called annuitization and can also provide a predictable, guaranteed stream of future income during retirement until the death of the annuitant. Alternatively, an investor can defer annuitizing their contract to get larger payments later, hedge long-term care cost increases, or maximize a lump sum death benefit for a named beneficiary.

In film production, a negative pickup is a contract entered into by an independent producer and a movie studio conglomerate wherein the studio agrees to purchase the movie from the producer at a given date and for a fixed sum. Depending on whether the studio pays part or all of the cost of the film, the studio will receive the rights domestic and/or international to the film, with net profits split between the producer and the studio.

Film budgeting refers to the process by which a line producer, unit production manager, or production accountant prepares a budget for a film production. This document, which could be over 130 pages long, is used to secure financing for and lead to pre-production and production of the film. Multiple drafts of the budget may be required to whittle down costs. A budget is typically divided into four sections: above the line, below the line, post-production, and other. The budget excludes film promotion and marketing, which is the responsibility of the film distributor. Film financing can be acquired from a private investor, sponsor, product placement, film studio, entertainment company, and/or out-of-pocket funds.

Film finance is an aspect of film production that occurs during the development stage prior to pre-production, and is concerned with determining the potential value of a proposed film.

Euler Hermes

Allianz Trade is an international insurance company that offers a range of services including trade credit insurance, debt collection, surety bonds and guarantees, business fraud insurance and political risk protection.

In the cinema of the United States, a unit production manager (UPM) is the Directors Guild of America–approved title for the top below-the-line staff position, responsible for the administration of a feature film or television production. Non-DGA productions might call it the production manager or production supervisor. They work closely with the line producer. Sometimes the line producer is the UPM. A senior producer may assign a UPM more than one production at a time.

Credit enhancement

Credit enhancement is the improvement of the credit profile of a structured financial transaction or the methods used to improve the credit profiles of such products or transactions. It is a key part of the securitization transaction in structured finance, and is important for credit rating agencies when rating a securitization.

A demand guarantee is a guarantee that must be honoured by the guarantor upon beneficiary's demand. The beneficiary is not required to first make a claim or take any action against the obligor of the guaranteed obligation that the guarantee supports. A demand guarantee is enforceable notwithstanding any deficiencies in the enforceability of the underlying obligation.

Trade finance

Trade finance signifies financing for trade, and it concerns both domestic and international trade transactions. A trade transaction requires a seller of goods and services as well as a buyer. Various intermediaries such as banks and financial institutions can facilitate these transactions by financing the trade. Trade finance manifest itself in the form of letters of credit (LOC), guarantees or insurance and is usually provided by intermediaries.

A line producer is a type of film producer who is the key manager during daily operations of a feature film, advertisement film, television film, or an episode of a TV program. A line producer usually works on one film at a time. They are responsible for human resources and handling any problems that come up during production. Line producers also manage the budget of a motion picture and day-to-day physical aspects of the film production.

References

  1. The Producer's Business Handbook by John J. Lee Jr, Chapter 6, (Focal Press, 2000)