Most video projects in the NGO world begin with a document called a terms of reference, or ToR. It is the paper a programme or communications team circulates to invite proposals, and it often becomes the backbone of the contract. A good ToR gets you comparable quotes, a smoother shoot and a film your donors can actually use. A vague one gets you guesses, change requests and arguments about who owns the footage.

This guide explains how to write a terms of reference for video production, section by section, with the points that matter most when filming in Kenya. If you are at an earlier stage and simply want to brief a studio informally, start with our simple NGO brief template. A ToR builds on the same thinking but adds the formal, contractual pieces a procurement process needs.

Brief or terms of reference: what is the difference?

A creative brief tells a producer what you want to say and to whom. A terms of reference does that too, but it also sets out what will be delivered, by when, under what conditions, who approves what, who owns the result and how proposals will be judged. Because it is usually circulated to several companies and later attached to a contract, every line should be something you are prepared to be held to, and to hold the producer to.

Public examples from humanitarian organisations follow a familiar pattern: background, purpose, scope, methodology, deliverables, timeframe, ethics, copyright, required profile and how to apply. That is a sensible skeleton. The sections below follow it, with notes on what tends to be missing.

1. Background and purpose

Keep the background short: who you are, the programme the film relates to, the donor if relevant, and where the work happens. Then state the purpose in one or two sentences. Is the film for fundraising, for a donor report, for advocacy with policymakers, or for training staff? Each purpose leads to a different film, so a ToR that lists all four will produce proposals that try to do everything and do none of it well. If you are unsure which format fits, our overview of video formats for NGOs may help.

2. Audience and key message

Name the primary audience and where they will watch: a donor board in a meeting room, supporters scrolling on a phone, county officials at a launch. Add the single message you want them to remember and what you want them to do afterwards. This is the section producers read most closely, because it shapes the story, the length and the style.

3. Scope of work

Describe what the producer is expected to do: research and story development, pre-production and logistics, filming, interviews, translation, editing, music, graphics and delivery. Then be equally clear about what is out of scope. If your team will arrange transport to project sites, or your field staff will secure introductions to communities, say so. Unstated assumptions are the main reason quotes for the same ToR vary so widely.

List the locations, how many days you expect on the ground and whether any sites need special access. National parks, county reserves, schools and health facilities each have their own permissions, and filming with a drone adds aviation rules on top.

4. Deliverables

This is the heart of the ToR, so make it a numbered list rather than a paragraph. For each deliverable, give the length, format, aspect ratio and languages. A typical list might include:

• An inception note or treatment, with a proposed story outline and shooting schedule.
• One main film, with a target running time.
• Short cut-downs for social media, with the platforms and aspect ratios you need.
• Subtitled or voiced language versions, such as Kiswahili and English.
• A set of edited stills from the shoot.
• Signed consent records for everyone identifiable on camera.
• The raw footage and project files, if you want them, and in what format.

Specify how many rounds of revisions are included at each stage. For example, you might allow two rounds on the rough cut and one on the fine cut. Whatever you choose, write it down.

5. Timeline and approvals

Work backwards from the date you need the film, such as a launch, a conference or a reporting deadline, and allow time for your own reviews. Internal sign-off is often the slowest step in the whole project. Name who approves the treatment, who comments on the rough cut and who gives final sign-off, and say whether your donor needs to review the film before release. A single named approver with the authority to say yes saves weeks.

6. Ethics, consent and safeguarding

This section deserves more than a reference to your safeguarding policy, because the law in Kenya now expects specific steps.

The Data Protection Act, 2019, says that personal data must not be used for commercial purposes without the person’s express consent, unless a written law authorises it (section 37), and that a child’s data may be processed only with the consent of a parent or guardian, in a way that protects the child’s interests (section 33). The Office of the Data Protection Commissioner (ODPC) has since published guidance notes on recorded media. They advise obtaining express consent before photographing or filming identifiable people, including people identifiable in crowd shots; using a consent form separate from any registration form that states the purposes, who will rely on the consent and the right to withdraw; and stopping further use if consent is withdrawn. For children, the guidance advises parental consent before publication and blurring faces or removing identifying details where appropriate.

The ODPC treats this seriously. In a decision of January 2025 (Complaint No. 1618 of 2024), reported by EY, it ordered a company to pay KSh 500,000 US$3,850 in compensation to a former sales agent whose photograph it had used commercially without his explicit consent.

The guidance also speaks directly to organisations that commission filming: it expects agreements that require contractors to follow data protection standards, and it notes that campaigns capturing identifiable people may call for a data protection impact assessment. Under section 31 of the Act, such an assessment is required where processing is likely to be high risk, and the report is to be submitted sixty days before processing begins. If your shoot involves children, survivors of violence, refugees or patients, check with your data protection officer early, because that timing can affect your whole schedule.

In practical terms, a ToR should require the producer to:

• use written, purpose-specific consent forms in a language the contributor understands;
• follow your safeguarding policy and code of conduct, with a named safeguarding lead on your side;
• store footage securely, limit who can access it and delete it at an agreed point;
• tell you promptly if a contributor withdraws consent, and act on it.

Our ethical storytelling policy sets out how we handle consent, dignity and the use of AI on every shoot, and you are welcome to borrow from it.

7. Ownership, rights and credits

Many ToRs simply say “all materials remain the property of the organisation”. That may be what you want, but be precise. Under section 31(1) of Kenya’s Copyright Act, copyright in a commissioned work is deemed to transfer to the person who commissioned it, subject to any agreement between the parties excluding or limiting that transfer. In other words, the contract decides, so spell it out. Cover who owns the finished films and the raw footage; whether the producer may show excerpts in a portfolio; how licensed music and archive footage may be used, since those licences often limit duration, territory or platforms; and how the producer and contributors will be credited. If in doubt, take legal advice on the final wording.

8. Budget and payment

Give a budget ceiling or range if you can. Producers then propose what is achievable for that amount rather than guessing. Ask for a line-by-line budget covering crew, equipment, travel, permits, post-production and contingency, so you can compare like with like. State your payment schedule, for example a deposit on signing, a payment on completion of filming and the balance on final delivery, and any tax or invoicing requirements. Our guide to video production costs in Kenya explains what drives each line.

9. Required profile and evaluation

Describe the experience you need, such as previous NGO work, relevant languages, experience in the locations or with the themes involved, and any licences the work requires. Then publish how proposals will be scored. Many agencies combine a technical score with a financial score. Telling bidders the weighting in advance produces better-targeted proposals and makes your decision easier to defend. Our article on choosing an NGO video production partner covers what to look for in a showreel and references.

10. How to apply

Finish with the practical details: what a proposal should contain (a cover letter, treatment, work samples, CVs of key crew, budget and references), where to send it, the deadline for clarification questions and the submission deadline.

Get these sections right and you will receive proposals you can compare, and a production partner who knows exactly what success looks like. Our NGO video production page explains how we work with programme and communications teams across East Africa, from the first ToR to final delivery.

US dollar amounts are approximate and update automatically, using a market rate of KSh 129.73 to US$1 (15 October 2026).

Frequently asked questions

What should a terms of reference for video production include?

At minimum: background and purpose, audience and key message, scope of work, a numbered list of deliverables, a timeline with named approvers, consent and safeguarding requirements, ownership and rights, budget and payment terms, the required profile and evaluation criteria, and instructions for applying.

How long should a video production ToR be?

Usually three to six pages. Long enough to fix deliverables, rights and conditions, but short enough that bidders read every line. Put lengthy policies, such as your safeguarding policy, in annexes.

Who owns the footage from a commissioned video in Kenya?

Kenya’s Copyright Act deems copyright in a commissioned work to transfer to the person who commissioned it, unless the parties agree otherwise. Because the agreement can change that, state clearly in the ToR and contract who owns the finished films, the raw footage and the stills.

Do we need written consent from everyone who appears in the film?

For anyone identifiable, the ODPC’s guidance on recorded media advises express consent before filming, on a separate consent form, with parental consent for children. Using someone’s image commercially without express consent breaches section 37 of the Data Protection Act, and the ODPC has ordered compensation in such cases.

Afrovo Studios is a Nairobi-based video production company working across East Africa, making documentaries, campaign films and corporate video for NGOs, conservation organisations and brands. Get in touch to talk about your next project.