Risk waiver

[MatthewFreedAudio]

Myself and the rest of the crew are being asked to sign a risk waiver as part of the TV show we are shooting. Non union (read: reality TV), in the waiver it says that our participation is voluntary, but of course if we don't sign it we run the risk of being fired or not hired again. It is for a demolition derby. Now, I know the producers and don't expect them to ask us to do anything that would jeapordize our safety because they have been pretty good about that in the past. However, what about unforseen circumstances? We are all employees of the production company (based in California but shooting in anothet state).

In the past I've just signed these sort of things but I'm curious if they can even require us to sign them and what the ramifications are?

This is a pretty general description to a very broad topic that has a lot of "it depends" but I'm curious as to the general guidelines.

[afewmoreyears]

Sign away your rights... don't worry about it.... take your money and go home and have a beer....

OK, not a good idea... if you really want to know, have an attorney look at it...

Voluntary? of course it is... this is not slavery...

Require you to do so? another legal question... you can say no.... call their bluff... but they could as you say not hire you... Did they "spring" this on you while you were gone from Cali, after the fact?... if so, not too cool...

I would bet the attorney would advise NOT signing such a thing. There are SO many variables... does it only waive them from risk on the arena floor for example, or is it a blanket wavier for the whole show, which I would NOT think was a good idea for you.

How is it written?.. what exactly does it say? read it all and see if your comfortable with what it says...

Tough call... and a stab by them to protect themselves..

If you do get hurt or maimed, what, are you on your own?... You would probably STILL have rights... but legal issues are complicated... that's why there are so many attorneys...

[OmahaAudio]

Sign it and send a signed, written statement (USPS certified mail perhaps) to two friends that you only did so under pressure and that you felt that you were forced to. In the event of any "problems" it might help in the lawsuit. Any jury would know the feeling and vote in your favor.

Heck, the fact that you're questioning it here might help.

[Jeff Babb]

And if you're hurt by a flying tire or debris or because someone hit the gas instead of the brake, you have waived your rights. They say "oops" and you live the rest of your life in pain or loose your ability to work.

I had a Discovery channel show ask me to sign a waiver. I was ready to sign until I read the part where I waive my rights even if the production is negligent. I refused to work on the show. I didn't give them a chance to say "sign or walk." I don't regret it a bit.

[Mirror]

Let me see if I have this correctly. They want to put you in harm's way and not carry any responsibiity for it? Hummmm....I don't mind taking risks but signing that waiver is too much, even for me.

[Freeheel]

Are you covered by Worker's Compensation Insurance paid for by your company?

[Cujo]

How much extra does the deal memo pay for signing away all your rights ?

[Cujo]

I also wonder if all the execs and other top of the food chain types are signing this document... And if they are I'd be curious to actually see those documents..

Just wondering aloud.....

[chrisnewton]

call their bluff. it's business, nothing personal. This is an unethical expectation on their part in my opinion. As far as it's legality I couldn't say.

My kid the other day asked me if you could get babies by having anal sex. Of course, I said, how do you think we get lawyers?

Chris Newton

[johnpaul215]

I wouldn't sign off on something like that. Maybe I misunderstand, but what if the crew van gets in a car accident on the way home, or flying debris (like other people said). To be blunt, that's probably some cut rate insurance policy. If production can't afford proper insurance, what other corners are they cutting? Proceed with care! If you get seriously injured, it is going to cost you a lot more than a week's pay.... Let alone keep you on the bench for a while.

[John Blankenship]

There are a number of venues that routinely require a waiver before they will issue credentials -- race tracks come to mind.

[Freeheel]

yes, that's where my question of Workers Comp comes from. I often sign waivers for the place I'm shooting in, like ski hills, racetracks, bungee platforms etc, but I know that I'm covered in case of injury by the production's Workers comp insurance.

If someone asked you to sign a waiver of Worker's comp in Canada, I believe it would be illegal.

[Martin Kittappa]

If it's a demolition derby it might be that the venue that you are filming in requires a waiver to allow you onto the location. If that is the case then the I would check that the production company has workers comp- any claim for injury will be made to your producers insurance and not to the location.

[MatthewFreedAudio]

If the venue were the entity asking for the waiver I would understand that. However, it is the production company asking for the waiver because their insurance company is asking them for it. This is a rather large production company with multiple policies in place covering darn near everything under the sun.

I may sign it with the written note stating that I will determine what I deem to be safe and not the field producers. Or, I could state that until I know the layout of the track, where we will be for filming, etc I won't sign it.

There is workmans comp insurance but I want to make sure this silly waiver doesn't throw a monkey wrench in to that.

[Marc Wielage]

The legal phrase is "Volenti Non Fit Injuria" -- you accept the risk for participating in a dangerous activity. I don't see how they can do this to a paid employee.

Why can't they just get insurance? I'd quiz the producers and ask, "so, you're telling me that not a single person on this show is insured against personal injury while on this job? Why is that?"

[PCMsoundie]

yes, that's where my question of Workers Comp comes from. I often sign waivers for the place I'm shooting in, like ski hills, racetracks, bungee platforms etc, but I know that I'm covered in case of injury by the production's Workers comp insurance.

I have as well while concerned if my own Workers Compensation insurance would cover it.

Specifially these type of locations: Circus and Carnivals, Motorized Sporting Events, Professional Sporting Activities (which is pretty much ANY pro sport!)

After traveling 5 hours to get to location I was given the paperwork to sign and a "ALL ACCESS" pass which on the back stated that I agree to them not being liable. 'Them' being the event organizing company & the production company.

I used to carry a memo in my Palm Pilot of what the fine print in my policy did not cover. I would need a rider for coverage in these instances. Here is what that list was:

injury or damage that results from your work, or completed work in the following types of operations:

nor medical expenses or premises damage that result from such operations.

Described Operations:

1. Circus and Carnivals

2. Mechanical Amusement Devices

3. Motorized Sporting Events

4. Tractor/Truck Pulls

5. Boxing, Wrestling, Hockey and Contact Karate Events

6. Rodeos and Roping Events (including practice)

7. Aircraft and Balloon Events

8. Professional Sporting Activities

9. Rap and/or Heavy Metal Concerts

Asbestos ingestion or inhalation of asbestos in any form by any person

also injury or damage that results from any actual, alleged, or threatened:

absorption, ingestion, or inhalation of any other solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals, and waste, in any form by any person;

bodily injury, property damage, or medical expenses that result from

maintenance, use, or operation , loading, unloading, supervision of others in above of any watercraft owned, operated, rented, leased, or borrowed by any protected person.

damages, loss, cost, or expense, your completed work that is or was handled stored, disposed of, that result from the performance of pollution work,

or waste pollutant

declared or undeclared war or invasion, civil war, rebelliion, revolution, warlike action by a military force or other agents of government

racing land vehicle (MOBILE EQUIPMENT)

construction equipment- includes any:

grader, scraper, or roller or power crane, digger, drill, loader, or shovel

Specialized equipment:

cherry picker or similar device to lift workers

pump, generator, or air compressor

other equipment such as building cleaning, geophysical exploration, lighting, spraying, welding, well-servicing equipment, that has a built-in pump, generator, or air compressor.

nuclear energy liability

medical expenses that result from -the hazardous properties (Radioactive, toxic or explosive properties) of nuclear material

-the operation of a nuclear facility by any person or organization

Nuclear waste, nuclear waste site

Informational content

injury or damage that results from others taking advice, directions, suggestions or instructions contained in properties you produced, sold, distributed with the express intent to release the advice, directions, suggestions or instructions to others.

Properties means any live, filmed, or taped production or presentation, tv, video tape, radio program, record, audio tape, book or any other device

injury or damage that result from

Aircraft- maintenance, use or operation

-loading or unloading

These are 1099 jobs. As an independent contractor my client can ask me for a certificate of a General

Liability Insurance policy. It hasn't happened yet. I do believe I've signed releases specifyingI am paying my own taxes and insurance.

I've asked my insurance agent and she said to give them a copy and they will determine if I am not covered in my own policy and I can purchase a 1-week rider for the duration of the shoot. How am I supposed to get this paperwork 2 business days in advance?...

Rap and/or Heavy Metal Concerts

This one I haven't had to sign a waiver but yet I know I'm not covered under my own workers compensation insurance.

[Marc Wielage]

I used to carry a memo in my Palm Pilot of what the fine print in my policy did not cover. I would need a rider for coverage in these instances.

I think this would also exclude being on the crew of any Jackass film!

[Malcolm Davies Amps CAS]

No matter how many waivers the venue might require in order for you to film there that does not absovle the production company from correctly insuring the crew.

By asking you to sign a waiver they are saying you are not insured.

Malcolm Davies. A.m.p.,s,

[geordi]

God forbid you should ask the question at all about the production company being insured... They will say "we will get back to you" and then hire someone dumber who won't ask that question.

[MatthewFreedAudio]

God forbid you should ask the question at all about the production company being insured... They will say "we will get back to you" and then hire someone dumber who won't ask that question.

Funny thing is, the production company is insured to the teeth. We are also half way through a 6 month shoot so simply hiring someone else isn't a simple thing.