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interesting contract


graham

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i posted this on ramps and wanted to post it here for additional insight/advice

anyone ever see this kind of thing before? Any of you contract

aficionados have a good legal way off saying  "if im hurt on your job,

you're responsible for taking care of me"?

11.

Waiver:

You expressly acknowledge that the the rendering of your Services

hereunder may

entail assisting in or recording, photographing, video-taping and

otherwise participating in activities, which

may result in and/or expose you to substantial risk of personal

physical or other danger, including without

limitation, the risk of serious or life-threatening bodily injury or

death (collectively, "Risks").

You

acknowledge that you understand the Risks inherent in the production,

and hereby expressly assume any

and all of the Risks associated with your performance of this

agreement, and further expressly release,

waive and disclaim any and all claims of any kind against Producer,

NGC, or anyone claiming through

either of them arising out of your performance of the Services or the

production of the Materials or the

Programs.

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I've never seen a clause like this. Are you shooting in a "War zone"? Is this a union job? If so they could inform the employer of it's illegality. Or call your State Employment Department.

I'm sure that there are state (or federal) laws that obligates the employer to have insurance. I do not think they can get you to sign away your rights and their responsability for a safe work environment.

If you can't get any answers, I would just cross it out and any other 'non-standard' clause  -- put my initials beside the cross out. Then sign the agreement as usual.

Regards,

Richard Lightstone, CAS

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Most contracts are mutually beneficial.  Without knowing how the rest of the contract reads, based on this clause alone -- I'd run like hell.  Unless, like Richard said, you're knowingly and willingly shooting in a war zone, or some other condition exists beyond the normal scope of what an insurance or bond company is willing to cover, then it sounds like this "production company" is skirting its responsibility to ensure a safe working environment.  It's not only unethical, but negligent and illegal.  This does not sound like a mutually beneficial agreement.  I'd be extremely wary about it.

--just my $.02  : )

--tt

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Im always amazed with the stuff productions try to sneak into the contracts, I also found that producers can be reasonable at times and are willing to amend the contract if you make your case properly. How many of you have seen the clause "the production company shall bear no responsibility for damaged or stolen equipment" If your producers are unwilling to work with you on the contract, bail! Its not worth it!!

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