Keep what happens on set from becoming public before you’re ready.

Commercial productions often put sensitive information in front of people who are not covered by the client’s ordinary business agreements.

Talent may see an unreleased product. A makeup artist may hear campaign details. A visitor may photograph a set. A crew member may know where a high-profile person will be at a particular time. Someone may upload behind-the-scenes material to a chatbot, transcription service, or other outside platform without thinking twice.

The On-Set Confidentiality & Non-Disclosure Agreement is designed for commercial photography, video, and content-production projects where participants may encounter nonpublic information simply by being present.

Designed for the people who are actually on set

The agreement can be used with participants such as:

• Talent
• Photographers and videographers
• Assistants and crew
• Hair, makeup, and wardrobe personnel
• Agency and production personnel
• Vendors
• Visitors and guests
• Other project participants

It also includes provisions for minor participants and parent or guardian signatures.

Protects more than traditional business information

Confidential Information can include nonpublic material such as:

• Unreleased products and prototypes
• Packaging and designs
• Advertising campaigns and marketing concepts
• Photographs, video, audio, scripts, and storyboards
• Sets, props, wardrobe, and other creative materials
• Behind-the-scenes photos and recordings
• Drafts, proofs, contact sheets, raw files, and working files
• Launch dates and campaign schedules
• Pricing and business strategy
• Production plans and budgets
• Private shoot locations and schedules
• Access credentials and security procedures
• Nonpublic information about talent, executives, clients, employees, or guests

The agreement is written for the kinds of confidential information people actually encounter during a production—not just documents stamped “confidential.”

Social media and behind-the-scenes content are addressed directly

The agreement prohibits unauthorized photographing, filming, recording, livestreaming, screen-recording, or otherwise capturing confidential information.

It also addresses disclosure through:

• Social media
• Websites
• Messaging platforms
• Private groups
• Cloud-sharing services
• Forums
• Other public or private communications

That includes behind-the-scenes material that may look harmless by itself but reveals an unreleased product, campaign, location, talent participation, schedule, or other confidential information.

Permission to take a photograph or recording does not automatically mean permission to post or distribute it.

Built for embargoed launches and campaigns

If a project has a launch, publication, or announcement date, the agreement provides a place to identify an embargo date.

Participants may share only the information actually authorized for public release, and the fact that one part of a campaign has become public does not automatically make every behind-the-scenes detail public.

AI-aware confidentiality terms

The agreement specifically addresses a risk that traditional NDAs often do not:

uploading confidential project information into outside AI or data-processing systems.

Unless specifically authorized for the project, participants may not provide Confidential Information to systems such as:

• Generative-AI tools
• Image generators
• Large language models
• Public chatbots
• Automated transcription services
• Model-training systems
• Other third-party data-processing services

It also prohibits using Confidential Information to train, fine-tune, benchmark, evaluate, or otherwise improve an AI or machine-learning model without separate written authorization.

Ordinary authorized production, storage, editing, collaboration, and similar software remains permitted.

Designed with protected disclosures in mind

A confidentiality agreement should protect legitimate confidential information without pretending that every disclosure can legally be prohibited.

The agreement contains specific exceptions for legally required disclosures and legally protected activity, including certain whistleblower, government-reporting, labor, workplace-safety, discrimination, harassment, retaliation, and other protected disclosures.

It also includes the federal trade-secret whistleblower immunity notice applicable to certain employees, contractors, and consultants.

Confidentiality only—not a substitute for your other agreements

This agreement addresses confidentiality.

It does not establish:

• Employment or independent-contractor status
• Compensation
• Work hours
• Services or deliverables
• Ownership of work product
• Model or talent-release rights
• Cancellation terms
• Noncompetition obligations
• Nonsolicitation obligations

Those issues should be addressed separately when applicable.

Who it’s for

This agreement is designed for businesses and creative professionals producing commercial content involving confidential or embargoed information, including:

• Commercial photographers and studios
• Video-production companies
• Creative agencies
• Brands
• Product companies
• Marketing teams
• Content-production businesses
• Businesses preparing unreleased campaigns or launches

It is especially useful when a production includes people who are not already subject to an appropriate confidentiality agreement.

Important

This is a self-service digital legal product and is not customized to your jurisdiction or circumstances. Purchase does not include customization, individualized attorney review, negotiation assistance, or legal advice and does not create an attorney-client relationship or expand any existing or prior attorney-client relationship with King Patent Law, PLLC or it’s attorney.

Your purchase includes a license to customize and reuse the template for your own business or organization’s commercial photography transactions, subject to the Digital Product Terms and License.

Laws vary by jurisdiction and circumstances. No legal template can account automatically for every jurisdiction, project, client, or factual situation. Confidentiality obligations involving employees, independent contractors, union- or guild-covered personnel, minors, whistleblowers, workplace conditions, unlawful conduct, and trade secrets may be affected by federal, state, local, collective-bargaining, or other legal requirements. Purchasers remain responsible for determining whether their particular circumstances require modification or individualized legal advice.

Purchase does not include customization, individualized attorney review, negotiation assistance, or legal advice and does not create an attorney-client relationship.

Consider having the completed agreement reviewed by an attorney licensed in the applicable state, particularly for unusual, sensitive, high-value, employment-related, or entertainment-industry projects. To work with King Patent Law, PLLC, for Illinois-based businesses or contracts, click here to book a consultation and get started.