Is Bollywood finally locking in its contracts?

Producers are revisiting contract drafting standards and insisting on stronger exit clauses, structured payment schedules linked to performance obligations, and clearer commitment periods once projects are publicly announced.

A public dispute between actor Ranveer Singh and Farhan Akhtar’s production banner Excel Entertainment over Singh’s reported exit from Don 3 has brought contract discipline in Bollywood under fresh scrutiny. While Excel demanded ₹40 crore in compensation for losses, the actor has countered the demand, saying he did not take any advance payment.

Experts say the episode reflects gaps in formal documentation at a time when contemporary filmmaking involves significant financial exposure and demands more structured, enforceable and risk-mitigated contractual frameworks.

“Film contracts usually contain exclusivity clauses, binding engagement terms, termination provisions, and liquidated damages clauses. An actor cannot ordinarily “walk out” without consequences if the agreement is unconditional and the producer has relied on it,” said Rishabh Gandhi, founder, Rishabh Gandhi and Advocates.

Courts will not force an actor to perform, because personal service contracts are rarely specifically enforceable. But producers can claim damages if breach is established and losses are provable, Gandhi added.

Conversely, if a film stalls due to the producer’s failure, the actor may retain signing amounts depending on the contract, or claim compensation if dates were blocked, Gandhi said.

“With rising budgets, producers will insist on tighter clauses governing exit, damages, and date blocking. Star attachment today drives financing, streaming deals, and brand tie-ins,” he pointed out.

A sudden exit can destabilize the entire structure. So contracts are becoming more detailed and commercially rigorous. At the same time, actors will negotiate broader approval rights and defined exit windows.

Rahul Hingmire, managing partner, Vis Legis Law Practice, said as budgets grow and financing becomes institutional, investors expect binding commitments from talent similar to project finance structures.

“We may see stronger lock-in clauses, insurance-linked obligations, and clearer exit triggers,” Hingmire added.

Trust vs enforceability

To be sure, there have been conflicts in the past over shelved projects or exits, but recent cases are notable for the scale of the claims and the public positioning.

Film producer Shariq Patel said the case rests on the kind of communication between the two parties, whether formalized through paperwork or more informal via texts, calls and meetings. In many such cases, money isn’t as much of an issue as it is an ego battle, Patel said.

While film contracts are binding commercial agreements and not based purely on goodwill, they are rarely unconditional, Ankit Sahni, partner, Ajay Sahni & Associates pointed out.

An actor’s obligations often crystallize only after certain milestones are met. If those conditions precedent are unmet, the actor may have contractual grounds to disengage without liability.

In most such disputes, the core legal question is whether both sides had fully triggered their respective contractual obligations at the time of disengagement, Sahni added.

While agreeing that historically, Hindi cinema has relied heavily on relationship-driven commitments rather than tightly structured studio agreements, Yatharth Rohila, advocate and partner, Aeddhaas Legal LLP said disputes like the one linked to Don 3, highlight the need for more institutionalized contracting in Bollywood.

“Indian film contracts are evolving from trust-based arrangements to legally risk-allocated agreements, but the inherently collaborative and uncertain nature of filmmaking makes rigid enforcement far more complex than in conventional commercial contracts,” Rohila said.

Producers must prove actual, quantifiable losses directly attributable to an exit. Courts are cautious because films are speculative ventures rather than guaranteed revenue projects.

Disagreements over script or vision are hard to adjudicate legally. Unlike commercial supply contracts, “artistic dissatisfaction” can become a defensible grey area.

Further complications arise when projects are announced before financial closure. If timelines shift repeatedly, strict liability may appear inequitable. And given the industry’s dependence on long-term relationships, aggressive litigation can deter future collaborations.

“Film projects remain vulnerable to fluctuating market sentiment, reputational considerations, financing disruptions, and artistic divergence, making rigid contractual enforcement both commercially and legally delicate,” said Tushar Kumar, advocate, Supreme Court of India.

Indian law, while upholding freedom of contract, requires that damage clauses remain proportionate and reflective of genuine loss, and does not permit enforcement that amounts to penalty or coercion in personal service arrangements, said Kumar.