A Sales Agency made me an offer...is this standard?

FilmBoy77

Veteran
a sales agency made me an offer for a feature film i did after they reviewed a screener. they sent me an email this morning and in it i noticed their basic terms and wanted to know if this is pretty standard or not, being that it's the first offer i've gotten so far while a coupla other companies are reviewing my film...i've copy and pasted directly from the bottom portion of the email and highlighted one of the things that made my eyebrow raise:

[FONT=Trebuchet MS, Verdana, Helvetica, Arial]Basic Terms:

[/FONT]·[FONT=Trebuchet MS, Verdana, Helvetica, Arial] We give you a short term deal (24 months) with an option for the rights to revert back to you if we do not meet a basic level in sales

[/FONT]·[FONT=Trebuchet MS, Verdana, Helvetica, Arial] Our sales commission is 20% of the Gross + 5% for sub-agents on the International Deals and on the US domestic deals – 10% if a US subagent is used

[/FONT]·[FONT=Trebuchet MS, Verdana, Helvetica, Arial] We have waived our service fee of $ 2,600 - $ 3,500 others pay for Internet servicing and our fees for viral marketing

[/FONT]·[FONT=Trebuchet MS, Verdana, Helvetica, Arial] We’ll cap the recoupable expenses at $ 35,000 for the Term. We have lowered it from the standard $ 50,000

[/FONT]
·[FONT=Trebuchet MS, Verdana, Helvetica, Arial] An advance payment of $ 7,500 towards marketing expenses. By paying this advance you end up paying less for marketing than you would have paid otherwise but at the same time this allows House of Film get through the initial and financially most demanding phase of marketing these movies and ensures your film B2B and B2C viral marketing as well -- an essential factor to get any results in today's challanging market environment.

Here is how it works:

Marketing budgets for feature films are $ 60K - $ 50K on average for the Term. We are offering you to work with the lower figure, that
that is with a $ 50K marketing cap and even include the viral marketing fees in this figure.

In addition, your advance payment of $ 7,500 towards marketing expenses will be credited back to you with double value that is $ 15,000 will be written off from the Recoupable Expenses in exchange for the advance. First we have reduced the marketing expenses with $ 7,500 across the board for you, that is why the marketing expenses cap is $ 42,500 in the attached Marketing Plan. In addition, the advance will be credited back to you from the already reduced expenses cap, bringing the recoupables further down to $ 35,000 for the Term.

The idea of paying in advance for marketing is probably familiar to you since it is common practice in the trade. Producer's Representatives typically take a flat fee on the order of $15,000 just for representing your movie. Going this route, one would still incur the full range of marketing costs.
[/FONT]
 
I did not have to pay my sales agent anything. The contract listed what they would spend on marketing (not to exceed). I don't know if different sales agents work differently or not. What other films do they handle in their catalog? Can that give you indication of hwo they handle marketing?

Michael
 
I did not have to pay my sales agent anything but a cut of the sales. It is my understanding that no reputable sales agent will charge you an up-front fee like that. Proceed with caution.
 
You should not have to pay anything. In the immortal words of Monty Python, "Run away."
 
I have to be honest, I stopped reading at "An advance payment of $ 7,500 towards marketing expenses."

That's a red flag as far as I'm concerned.
I wouldn't consider it.

Your film is valuable, right?
So you're already giving them something of value... and they want you to give them $7500 on top of it?
Doesn't seem right to me.
Not at all.
 
No. I've been approached by two sales agents. Never asked me to pay for anything. You payed for the frickin' movie. Time for the cash to go the other way.
 
haha, yea i had a feeling that was not a good look. i had read a couple years ago you shouldn't have to pay sales agents or managers anything but a percentage. also shouldn't they supply you with statements on a quarterly basis? i think they mentioned they only did it once or twice a year.

@ Luis - to be honest I stopped reading at that point too where they mentioned forking out cash, i honestly haven't even read the rest of the email beyond that point until a few mins ago.

@ zak & chip - the company is called House of Films and they're based in LA. i noticed the ceo or president used to do acquisitions for York.
 
What other films do they handle in their catalog? Can that give you indication of hwo they handle marketing?

i've never heard of any of the films in their catalogue but they say one is supposedly nominated or in the running for an oscar (a documentary)
 
Is it one of these?

The Academy of Motion Picture Arts and Sciences today announced the 15 films in the Documentary Feature category that will advance in the voting process for the 82nd Academy Awards. Eighty-nine pictures had originally qualified in the category.

The 15 films are listed below in alphabetical order by title, with their production company:

The Beaches of Agnes, Agnès Varda, director (Cine-Tamaris)
Burma VJ, Anders Østergaard, director (Magic Hour Films)
The Cove, Louie Psihoyos, director (Oceanic Preservation Society)
Every Little Step, James D. Stern and Adam Del Deo, directors (Endgame Entertainment)
Facing Ali, Pete McCormack, director (Network Films Inc.)
Food, Inc., Robert Kenner, director (Robert Kenner Films)
Garbage Dreams, Mai Iskander, director (Iskander Films, Inc.)
Living in Emergency: Stories of Doctors Without Borders, Mark N. Hopkins, director (Red Floor Pictures LLC)
The Most Dangerous Man in America: Daniel Ellsberg and the Pentagon Papers, Judith Ehrlich and Rick Goldsmith, directors (Kovno Communications)
Mugabe and the White African, Andrew Thompson and Lucy Bailey, directors (Arturi Films Limited)
Sergio, Greg Barker, director (Passion Pictures and Silverbridge Productions)
Soundtrack for a Revolution, Bill Guttentag and Dan Sturman, directors (Freedom Song Productions)
Under Our Skin, Andy Abrahams Wilson, director (Open Eye Pictures)
Valentino The Last Emperor, Matt Tyrnauer, director (Acolyte Films)
Which Way Home, Rebecca Cammisa, director (Mr. Mudd)
 
lmao.....no its not listed as one of those, but i'm not surprised. i just looked at their press material and noticed they worded it slightly different as "an oscar contender" i thought they mentioned it was nominated for an oscar.

i'll send them an email declining their offer as soon as i get some time. i've been too busy to even read the rest of the email, i stopped at the part where they asked for $7,500k :)
 
Yea good thing you declined their offer. Agents shouldn't take a penny of you but a cut in sales or offers etc.
 
lol...an oscar contender. slick use of words where someone could easily assume it's seriously being considered for an oscar.
 
Ted, no need to write one, I have a stack of "Oscar contenders" from first time indie writers right here in front of me, it'll save you lots of time :)

This sounds like the same company that tried to pull a fast one on Todd - Drawing With Chalk.
 
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