Tom Maloney Posted January 11, 2013 Report Share Posted January 11, 2013 Hi all, I am sure most of you have signed memo deals and confidentiality agreements Have you ever signed anything like this? "Liability I indemnify the Producer, the owners of any locations used, and the owners of any uninsured rental equipment against any claims and demands of personal injury, damage of property, and death resulting from my work on the production. I understand that I am fully responsible for all necessary personal injury, death, and liability insurances, and am responsible for any damage caused by my actions and by my personal property used during my work on the production. I accept full responsibility for all personal risks during my work on the production. I understand that I will receive credit under the following name in the screen credits of the completed production:" I have read this 3 times , I have never seen anything like this. All it seems to me is protecting the producer from any responsibilty for anything that happens and each crew member is to cover his or her own ass. Like if someone trips over my c stand,breaks a leg that I am responsible. My mind tells me not to sign something like this and go find work elsewhere. I think I should be asking production to show me production insurance and me not signing saying I am responsible Anyone have thoughts ? Seriously have you ever seen anything like this from anyone Thanks Tom Chicago Quote Link to comment Share on other sites More sharing options...
afewmoreyears Posted January 11, 2013 Report Share Posted January 11, 2013 Hi Tom, What do they have to loose by asking?... I have seen it once or twice... I never signed one.... Quote Link to comment Share on other sites More sharing options...
soundslikejustin Posted January 11, 2013 Report Share Posted January 11, 2013 Tom, In Australia, this is very, very common. All crew must have their own public liability, health, and workers compensation insurance. Quote Link to comment Share on other sites More sharing options...
fieldmixer Posted January 11, 2013 Report Share Posted January 11, 2013 I've seen worse. Cross out the parts you don't like, initial the crossed out parts, and sign for the rest. If the prod company isn't happy with that, have a conversation with them a-la friendly tennis match style. I cross out and add bits to deal memo's regularly. They either sign off on the changes or ask to have a chat to clarify. Never lost the job. I always cross out the part where they don't accept L+D, responsibility for gear insurance. I add a concise line stating the opposite and initial. I Also add a line that states overtime after X and the overtime rate. I Get copy and it's done. They try... Quote Link to comment Share on other sites More sharing options...
Chris Woodcock Posted January 11, 2013 Report Share Posted January 11, 2013 Tom, In Australia, this is very, very common. All crew must have their own public liability, health, and workers compensation insurance. Same in the UK I have public liability insurance Quote Link to comment Share on other sites More sharing options...
Philip Perkins Posted January 11, 2013 Report Share Posted January 11, 2013 Yeah, I see them now and again. As was said I freely decorate them with crossouts and my own demands. Sometimes they don't care, sometimes they get huffy. The huffy ones are often underinformed. In CA an employer not having workman's comp if the the state decides they should is a criminal offense, the liability thing comes in many forms--this one was on of the worst ones I've seen. Often these kinds of docs are used by producers who want to duck any liability (they think) without paying for the services of a payroll company or carrying their own insurance. This is a risky, foolhardy move on their part but it does come up. There was a parting of the ways between me and one client last year who insisted on something like this-- I decided that in this case having this kind of doc signed might make them a little careless about workplace safety etc etc.. philp Quote Link to comment Share on other sites More sharing options...
Tom Maloney Posted January 11, 2013 Author Report Share Posted January 11, 2013 Thanks all , the part that scares me is where it says I am responsible for any damage caused by my equiptment or my actions. Maybe I over think it but, my cart pluged in causes a fuse to blow, burns up crappy wiring in the place or worse. Just. Don't think I am going to like working in a older building with this. I am going to talk to him nicely and discuss this before anything. Maybe I should ask to see his production insurance. Thanks all Quote Link to comment Share on other sites More sharing options...
ccsnd Posted January 11, 2013 Report Share Posted January 11, 2013 It says for things not covered by insurance. you DID get them to insure your gear correct? Quote Link to comment Share on other sites More sharing options...
johnpaul215 Posted January 11, 2013 Report Share Posted January 11, 2013 Tom are you on payroll or invoicing as your company? Depending on the state, some people said these deal memos often won't last in court if it ever got that far, especially the injury part. Not sure about gear damage though. I've been handed some similar documents. Some of them go to great lengths to say production isn't responsible for any gear I bring to location. I always have a feeling that's added by some line producer that pooped themselves when they realize a lav in the toilet is going to cost $1,500+. That I won't sign, and like to point out that *IF* I did sign something like that, I would have to revise the deal memo to say I can refuse to use a wireless mic on a subject I deem irresponsible, and I am free to refuse any location or shoot that I worry about my equipment, and am free to walk of set at any point I do not feel like my gear is safe (like if it might rain or the location is shady). Quite a few times I got the "yeah it's just worded that way, don't worry about it, everyone else signed" nonsense. Oh, the person bringing a pen to set signed it? No thanks! Quote Link to comment Share on other sites More sharing options...
LarryF Posted January 11, 2013 Report Share Posted January 11, 2013 That first sentence is a killer. I doesn't say mistakes or errors on your part; it says your "work". Someone else said "It says for things not covered by insurance." Not true. It says you must have insurance but nowhere does it say insurance will absolve you of responsibility. You are responsible for everything, covered or not. If you have a lawyer, this will brighten his morning. Try to make sure he isn't drinking his coffee when he reads this. Larry F Quote Link to comment Share on other sites More sharing options...
RPSharman Posted January 11, 2013 Report Share Posted January 11, 2013 I wouldn't sign it. There are blanket memos that try to include everyone. What they think they are doing is making a owner/operator (key grip, for example) liable for poorly maintained equipment which fails and causes injury. They want the gear insured for liability. Our equipment likely won't fail and cause injury. I received a similar memo from NBC/Uni, but I asked if they had one they'd give to a DP who owned the camera, for example. I got a new deal memo, which already existed, stating they were insuring my equipment and had no clause regarding injury or liability. Robert Quote Link to comment Share on other sites More sharing options...
Tom Maloney Posted January 11, 2013 Author Report Share Posted January 11, 2013 Thanks Larry and all I put the after burners on and got out at warp speed Hope to see everyone in April Tom Quote Link to comment Share on other sites More sharing options...
fieldmixer Posted January 11, 2013 Report Share Posted January 11, 2013 Total bs. They need have production insurance anyways. And that should always cover audio dept. As much as they want to minimize the possible claims, that's just tough luck. Stand firm. Not signing till just before production starts works too... Then have the chat. Leverage. Quote Link to comment Share on other sites More sharing options...
deep owl Posted January 11, 2013 Report Share Posted January 11, 2013 I get deal memos, indemnification agreements, freelancer agreements, NDAs and the like all the time that I often cross out pieces of. I've often thought about writing up a prelim contract kinda thing to send to productions before joining. Does anyone have something like that they'd consider sharing? Always helpful to have a bit of a guide. Quote Link to comment Share on other sites More sharing options...
fieldmixer Posted January 11, 2013 Report Share Posted January 11, 2013 See this thread on the subject. I use this. Change bits depending on your location. This was written up for Ontario Canada. Actually, if anyone has particular legal knowledge or input and cares to tweak the text below, I'd be happy to see this turn into a living document that is honed to our specific need even further. ————————————————— Audio equipment Rental agreement: Insurance. You shall, at Your expense, at all times during contracted production dates, maintain Third Party Property Damage and Commercial General Liability insurance covering all Equipment rented for full replacement cost without deduction for depreciation and for loss of use (rents) of the Equipment in amounts and with insurance companies ____________________________approves. Property Insurance shall be on an “All Risk” or “Special” form, on a worldwide basis with ______________________ named as Loss Payee for loss or damage to Equipment. __________________________ shall be named as Additional Insured as respects all of your liability insurance which shall be deemed primary and non-contributory in the event of any claim or suit. All policies shall provide for 10 days written notice to ______________________________ before any policy shall be modified or canceled. You shall deliver to ________________________, upon request, evidence of insurance coverage satisfactory to ___________________________. Lapse or cancellation of the required insurance shall be an immediate and automatic default by You under this Agreement. Miscellaneous. This Agreement shall be deemed to have been entered into in the province of Ontario and governed by Provincial law. Should any legal proceedings arise out of this Agreement, the prevailing party, in addition to any other recovery, shall be entitled to recover all reasonable expenses including attorneys’ fees. Customer is deemed to know the law regarded permitted uses of equipment. Changes. The Rental Contract and these Terms and Conditions express the entire agreement between the parties and any change thereto must be in a signed writing. If You are a corporation, the person signing this Agreement on behalf of such corporation hereby warrants that he has full authority of such corporation to sign this Agreement and obligate the corporation. Said person and the corporation shall be jointly and severally liable for all rentals and all other sums that may be due and owing to ___________________________ at any time under the terms of this Agreement. You certify that You have read and fully understand all of the above provisions prior to executing this Agreement. I hereby rent Audio equipment belonging to ________________________________subject to the conditions set forth above. I have read and agree to these conditions. Signed_____________________________________________ Date_____________________________________________ Witness_______________________________________________ Quote Link to comment Share on other sites More sharing options...
RPSharman Posted January 11, 2013 Report Share Posted January 11, 2013 This is the one I signed for NBC, perhaps with a few modifications I made. It's got enough to protect us, and enough for them to be comfortable signing. https://www.dropbox.com/s/5azpmjsnlluevug/EQUIPMENT%20RENTAL%20AGREEMENT.docx I Quote Link to comment Share on other sites More sharing options...
fieldmixer Posted January 11, 2013 Report Share Posted January 11, 2013 That's a good one. Quote Link to comment Share on other sites More sharing options...
deep owl Posted January 11, 2013 Report Share Posted January 11, 2013 Thanks Marc and Robert! Look like some very useful documents. Quote Link to comment Share on other sites More sharing options...
studiomprd Posted January 12, 2013 Report Share Posted January 12, 2013 " My mind tells me not to sign something like this and go find work elsewhere. " me thinks your mind is correct! " if anyone has particular legal knowledge " yep! these people are called lawyers, and they are professional at it. We keep insisting producers should use experienced professional sound crews for best results... for this stuff, we should use experienced professionals for best results! now, maybe some organization would get a suitable sample drafted and made available for our needs; either a professional association (CAS) or labor organization (IATSE 695 - note: equipment is not really in their jurisdiction, but deal memo's are!), or maybe one or more of our usual suspects could get a general template we could follow... Quote Link to comment Share on other sites More sharing options...
fieldmixer Posted January 13, 2013 Report Share Posted January 13, 2013 Between the two documents here, with a bit of tweaking there could be a critical mass. I like RpSharman's document because it does give the producer some olive branches. With the intelligencia here on this group we could have a balanced document in short order. Instead of thousands of us consulting a lawyer, maybe we pool our resources? Quote Link to comment Share on other sites More sharing options...
studiomprd Posted January 13, 2013 Report Share Posted January 13, 2013 " With the intelligencia here on this group we could have a balanced document in short order. Instead of thousands of us consulting a lawyer, maybe we pool our resources? " That is somewhat like my idea, to pool resources, but have the template document reviewed by a real attorney, just like I said: get a pro Quote Link to comment Share on other sites More sharing options...
Philip Perkins Posted January 13, 2013 Report Share Posted January 13, 2013 As was said, I would not write a doc myself and ask someone to sign it unless I'd passed it by a lawyer. In legal docs words have specific meanings that you might not be aware of. I like the notion that if I sign off on no coverage by the prod co on my gear then I get to decide whether talent is responsible enough to be given a wireless or a Video Villager is responsible enough to be handed a Comtek. Let's see, that 2nd AC seems a little casual, so I don't want him using my slate...and so on. philp Quote Link to comment Share on other sites More sharing options...
fieldmixer Posted January 13, 2013 Report Share Posted January 13, 2013 Anyone know a lawyer? Quote Link to comment Share on other sites More sharing options...
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