EP NowStoreAcademySupportCommunityProducts by Country
Legal & Compliance Home

Six Elements for Enforceable UK Crew Contracts

Although parties to a crew contract can largely enter into whatever terms they choose, certain elements must exist in order for the contract to be enforceable.
May 2, 2022
six-elements-for-uk-contracts-LC

Under English law, parties to a contract are largely free to enter into whatever terms they choose. That said, in order for your crew contracts to be legally binding and therefore enforceable, there are six elements which must be established.

Offer

First, one party must extend an offer to the other in the form of a promise to enter into a contract on certain terms. The offer must be clear, precise and capable of being accepted (i.e., it must be made with the evidence that no further bargaining is to take place).

Let’s say a production company sends an email to an HoD stating that “the fee will be in the range of £1,000 - £1,700 per week. Not yet closed and let’s discuss further but do you agree?” This email is unlikely to constitute an offer, as it’s not complete or capable of acceptance and relies on further negotiations.

Acceptance

Next, the offer must be “accepted.” Acceptance must be final and unequivocal, with no variations to the original offer. If any variations are made, the correspondence will constitute a counteroffer rather than acceptance.

If a producer emails a crew member with a weekly engagement at the rate of £1,000, and the crew member replies, “we’re agreed on £1,200 per week. I’ll start in the morning,” this would constitute a counteroffer and not an acceptance. The ball would be back in the producer’s court to accept, reject, or propose another counteroffer.

Consideration

Contracts are based on the concept of reciprocity, which means that there must be some form of exchange of promises between the parties (“consideration”). Note that consideration doesn’t have to be money; a party could agree to perform a service in exchange for the other party doing the same.

English law doesn’t require consideration to be “adequate” (i.e., of a specific amount), just “sufficient” (which can include amounts as small as £1). For example, if a production company agrees to let a university student shadow a producer on set for a few days (without undertaking any work), the arrangement won’t constitute a legally binding contract as it doesn’t include sufficient consideration.

Certainty of terms

Unless all of the material terms of a contract are agreed, there’s no binding obligation between the parties. The agreement between the parties must therefore be complete (i.e., not lacking any essential terms, such as payment, amount of work or period) and the agreement must not otherwise be uncertain (e.g., because the terms are ambiguous or vague).

Certainty issues are common in the film and TV industry as parties often resort to several terms being left “to be negotiated/agreed in good faith,” “to be confirmed,” “to be dealt with at a later stage” or “to be mutually agreed.” This is often an inevitable product of production schedules and budgets being adjusted until the final minutes before production. However, even if these terms are used, parties should consider drafting the mechanism to resolve any deadlock or inability to agree.

Capacity

Parties must have legal capacity in order for a contract to be enforceable. The laws relating to contractual capacity can be complex, but the starting point is that all individuals are presumed to have capacity to contract. However, this is subject to various exceptions (e.g., in cases involving people who lack mental capacity, people who are intoxicated and minors).

Separate to the issue of capacity is the concept of contractual authority. Although this doesn’t form part of the test for capacity, it’s worth noting that a party who signs on behalf of someone else must have the authority to do so.

Intention to be legally bound

Both parties must intend to enter a relationship that has mutual enforceable obligations. In commercial, business or professional contexts, the intention to be legally bound is presumed, so any person who claims not to have had the necessary intention must prove it.

In the film and TV industry, this issue typically arises during pre-contractual negotiations, as these can take months. If a party doesn’t yet intend to be bound, it’s important to clarify this during the negotiations. It’s helpful to state that terms negotiated remain subject to a fully signed contract and that a party doesn’t intend to be legally bound until that point. However, this isn’t conclusive evidence of the parties’ intentions; the principles above can be deemed to take precedence over the use of “subject to contract.” There’s always a risk that acceptance of terms can be implied by the conduct of the parties.

Do contracts need to be in writing?

Other than in limited situations (e.g., assignments of copyright, sales of land and transfers of company shares), there’s no general requirement for contracts to be agreed in writing.

That said, it’s best practice to have signed, written (e.g., digital) contracts in place before your crew step foot on set.

For more information on contracting crew in the UK, see Getting your crew contracts in place: A guide for UK productions.

Topic: UK

Related Content

Pre-employment Checks to Consider Before Contracting Crew on UK Productions

Pre-employment Checks to Consider Before Contracting Crew on UK Productions

8/18/2023
A comprehensive overview of the checks you may like to consider when crewing up on UK productions and what...
Topic: Legal
More

Operating a Loan-Out in Canada: A How-to Guide

10/31/2023
What production workers need to know about setting up and operating a loan-out corporation in Canada.
Topic: Canada
More
UK Right to Work Penalties to Triple in 2024

UK Right to Work Penalties to Triple in 2024

9/26/2023
Find out how your production can prepare for the increased penalties for employing a worker who doesn't...
Topic: Legal
More

What Does the UK’s New Independent Film Tax Credit (IFTC) Mean for Productions?

3/7/2024
As the UK government strengthens its support for productions, find out what the latest changes to the...
A group of people talking to a Wellbeing Facilitator on set

Meet the Wellbeing Facilitator

3/5/2024
A conversation with Matt Longley, Co-Founder of 6Ft From the Spotlight and Wellbeing Facilitator
SB 1162-thumbnail-blue

SB 1162: California Pay Data Reporting Law FAQs

2/17/2024
A look at California’s new expanded pay data reporting law and its impact on the entertainment industry.
Topic: Legal
More
Four panelists discuss co-production-square

Unlocking the Myths and Benefits of Co-Production

2/15/2024
Learn the difference between an official co-production and PSA, and how to leverage these opportunities to...
EP Newsroom-Thumbnail-PGGB

Million Youth Media Wins The Duke of Edinburgh Film & TV Inclusion Award 2024 at PGGB Talent Showcase

2/14/2024
The Duke of Edinburgh Film & TV Inclusion Award presented to Million Youth Media, an organisation offering...
Blue square with white letters and UK flag: Changes to UK Paternity Leave Regulations

Changes to UK Paternity Leave Regulations

1/19/2024
Effective March 8th, modified paternity leave to provide more flexibility for UK fathers.
Topic: Alerts
More
Big Ben, London

5 Things to Consider Before Transitioning to the UK’s New AVEC Regime

1/16/2024
A comprehensive overview to help determine if you should use the UK’s new incentive regime to fund your...
Blue tile stating UK announces minimum wage updates

UK Government Announces Minimum Wage Updates

12/5/2023
National Living Wage and National Minimum Wage rates increase for 2024.

Minnesota: Land of 10,000 Opportunities

11/17/2023
Learn about Minnesota's new incentive program, dynamic locations, strategies for boosting crew training...
Master Series Thumbnail Square UK Productions

UK Production: Sites, Services and Studios

10/20/2023
Learn about UK incentives, infrastructure and production innovation spanning from London to Wales,...

Conquering Compliance: Form I-9 Changes

10/19/2023
FAQ's about the I-9 verification process and the new form employers must begin using November 1, 2023.
Topic: Legal
Watch

Entertainment Partners Makes Commitment to UK Production with Film & TV Partnership Programme

10/12/2023
Find out how EP is partnering with the leading UK training organisations to close the skills gap, increase...
Entertainment Partners Logo Thumbnail-square

NFTS and Entertainment Partners (EP) Establish Partnership to Support the Future of Film and Television Production

10/5/2023
By supporting the National Film and Television School through this new partnership, Entertainment Partners...
Newsroom-Advanced-Television-Logo-Thumbnail

NFTS, Entertainment Partners establish partnership

10/5/2023
EP the entertainment payroll and production technology company joins as a prominent new Patron of the...
British-Cinematographer-Logo-Thumbnail

NFTS and Entertainment Partners (EP) establish partnership

10/5/2023
The National Film and Television School (NFTS) announces a new partnership with Entertainment Partners...
EP Blog_SQUARE_Spread of UK Production

Outside of London: How the UK Production Industry Spread Beyond the Capital

9/21/2023
Film and TV production outside of London (OOL) is now an integral part of the UK, with world-class media...
Topic: UK
More
Expert Advice_Sam Collett

Spotlight: Sam Collett, UK Production Accounting and Incentives Expert

9/19/2023
Meet the Senior Partner at FLB Accountants, an Entertainment Partners company specializing in UK media and...
Master Series_UK Incentives Panel_Square

What's Changing in UK Production Incentives

9/15/2023
Learn about the recent changes to the UK Creative Sector Tax Credits and how they might impact your next...
EP Blog_SQUARE_UK cultural test

Understanding the UK Cultural Test

9/12/2023
Find out whether your film or TV show will pass the UK’s Cultural Test, a key step in qualifying for the...
EP_SQUARE_HMRC Answers

HMRC Answers Key Questions on New UK Audio-Visual Expenditure Credit

8/22/2023
UK Creative Sector Department weighs in on the interpretation of some of the new legislation and guidance...
Woman using a blue and black calculator

Multi-State W2s: Taking Credit for Work State Taxes

8/22/2023
Tax filing guidance for production workers employed in multiple states in the same tax year.
EP Blog_SQUARE_Sustainable UK Studios

The Producer’s Guide to Sustainable UK Studios

8/18/2023
Learn how studios across the UK are taking positive steps to reduce their environmental impact.
Topic: UK
More

New BTL Training Program Launches in New Zealand and Australia

8/16/2023
Entertainment Partners powered by Moneypenny is set to provide much-needed below the line training...
EP Blog_SQUARE_Brian Freesh

Meet the Steadicam Operator

8/8/2023
A conversation with Brian Freesh (‘Babylon,’ ‘Gaslit,’ ‘American Ninja Warrior’)

Payroll & Finances

PayrollResidualsSmartStartSmartTimeProduction PortalEP On LocationSmartAccountingEP LiveSmartPOCASHétPayPaymaster Rate GuideEP Residency

Manage Multiple Productions

AssetHubSmartHub

Additional Services

Academy
Subscribe now

Be an industry insider with EP's
newsletters and alerts

LegalPrivacy NoticeSecurity
© 2024 Entertainment Partners. All rights reserved.