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External
Since: May 01, 2007
Posts: 5
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(Msg. 1) Posted: Tue Jan 22, 2008 9:09 am
Post subject: interesting contract
Archived from groups: rec>arts>movies>production>sound (more info?)
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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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External
Since: Aug 05, 2005
Posts: 133
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(Msg. 2) Posted: Tue Jan 22, 2008 11:17 am
Post subject: Re: interesting contract [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
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"Graham" <tvsound RemoveThis @gmail.com> wrote in message
news:4f2174ab-e533-40c9-9a2a-29f05d114807@j78g2000hsd.googlegroups.com...
| 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.
I had a producer add this language to a SAG contract once. He was clueless.
I X'ed out the clause and initialed it.
Steve King |
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External
Since: Jul 07, 2003
Posts: 334
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(Msg. 3) Posted: Tue Jan 22, 2008 6:29 pm
Post subject: Re: interesting contract [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
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"Graham" <tvsound.DeleteThis@gmail.com> wrote in message
news:4f2174ab-e533-40c9-9a2a-29f05d114807@j78g2000hsd.googlegroups.com...
> 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 with
> 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.
This is typical if you are working as an "Independent Contractor" and not as
an employee. If they are taking out payroll taxes they are required to
Workers Compensation insurance which covers accidental injury on the job.
Many companies ask me for proof of Workers Compensation Insurance if I am
not filling out a time card but submitting an invoice for services. Many
have policies that preclude them from hiring independent contractors if they
can't show proof of Workers Compensation Ins.
This waiver looks like a way they came up to avoid liability without having
to cover workers comp themselves or require you to have it.
----Courtney >> Stay informed about: interesting contract |
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External
Since: Jan 24, 2008
Posts: 4
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(Msg. 4) Posted: Thu Jan 24, 2008 1:32 pm
Post subject: Re: interesting contract [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
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I was once handed a contract where the last clause says I and my
family waive the right to sue the production if I am injured or killed
due to accidental or intentional negligence by the company. I crossed
that bit out and initialed. It was the "intentional" part that made me
laugh. The producer claimed he didn't know about that clause. Guess I
was the only one who read it.
Mind you, this was a job where we shot people learning to fly tiny 4
man planes (no room for a sound mixer in the plane, and I couldn't
have been happier)
On Jan 22, 1:29 pm, "Courtney Goodin" <cmgoo....DeleteThis@pacbell.net> wrote:
> "Graham" <tvso....DeleteThis@gmail.com> wrote in message
>
> news:4f2174ab-e533-40c9-9a2a-29f05d114807@j78g2000hsd.googlegroups.com...
>
>
>
> > 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 with
> > 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.
>
> This is typical if you are working as an "Independent Contractor" and not as
> an employee. If they are taking out payroll taxes they are required to
> Workers Compensation insurance which covers accidental injury on the job.
>
> Many companies ask me for proof of Workers Compensation Insurance if I am
> not filling out a time card but submitting an invoice for services. Many
> have policies that preclude them from hiring independent contractors if they
> can't show proof of Workers Compensation Ins.
>
> This waiver looks like a way they came up to avoid liability without having
> to cover workers comp themselves or require you to have it.
> ----Courtney >> Stay informed about: interesting contract |
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