What should a Location Filming Agreement include under Thai law?

1. Definitions and Interpretation
2. Permission to Use the Location
3. Care of the Location
4. Condition, Inspection and Damage
5. Location Fee
6. Owner's Warranties and Obligations
7. Depiction of the Location and the Footage
8. Confidentiality and Personal Data
9. Liability and Insurance
10. Cancellation, Weather and Termination
11. Notices
12. Law and Disputes
13. General

• Paid use of a building or land for filming is treated like a lease of a building (Instrument 1 of the Stamp Duty Schedule), even for a single day. Duty is 1 THB for every 1,000 THB or part of 1,000 THB of the total Location Fee. On the Location Fee you entered, the duty on the original is the amount the system calculates from the figures entered, and each counterpart carries the amount the system calculates from the figures entered.Because the Location Fee is in …, convert it to Thai Baht at the exchange rate on the date of signing and calculate the duty on the Baht amount.
• The law makes the Owner, as lessor, liable for the duty unless the Parties agree otherwise; here the Producer has agreed to pay it (Clause 5.4). If fees for overtime or additional days are paid later, duty is due on them as well. A total fee of 1,000,000 THB or more must be paid in money to the Revenue Department instead of by affixing stamps.
• An unstamped agreement cannot be used as evidence in a Thai civil court until the duty and a surcharge of up to six times the duty are paid.

• A Thai company that pays rent for the use of property normally withholds 5% and gives the Owner a withholding tax certificate (Clause 5.3). An individual Owner declares the Location Fee as rental income in the annual tax return.

• If the Owner is a tenant, or the property is a condominium or in a managed estate, get the written consent of the landlord or the building management, and a copy of its rules, before signing (Clause 6.1). Share the rules with the Producer.
• Remove or lock away valuables, personal documents and family photographs (Clause 6.2).
• Do the joint inspection and exchange the photos or video by message or email before any equipment comes in (Clause 4.1). Photograph floors, walls, furniture and fittings in each permitted area.
• The Producer arranges permits for filming on the street and for drones (Clause 3.4). A foreign production filming in Thailand may also need permission from the Thailand Film Office; ask the Producer for a copy.
• Ask for the insurance certificate before the first day (Clause 9.3).

• Inspect together again and record the condition (Clause 4.1). Report any damage in writing within … days (Clause 4.3), with photos and a contractor's quotation.
• The Owner returns the deposit within … days after the Filming Period, less only documented repair costs, with a written statement (Clause 4.4).
• Do not post photos of the set, cast or crew until the production is released (Clause 8.1).

• After filming, the Producer may use the footage of the property in the production and its publicity permanently (Clause 7.1). It may show the property as a fictional place, but not link the Owner to the story or show personal belongings (Clause 7.2), and it must not show or disclose the address.
• The Producer may not make 3D scans or digital models of the property (Clause 7.4).- 3D scans may be used only for visual effects in this production and never sold or reused (Clause 7.4).

• Keep the signed PDF, the Schedule, both sets of Condition Records, messages sent during filming, invoices, transfer slips and withholding tax certificates. A Thai court works in Thai, so English documents need a certified Thai translation in a dispute.

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-C86FD7. If you reuse this content, please credit the author and link to the original.