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December 11th, 2007, 04:29 AM | #1 |
Major Player
Join Date: Feb 2006
Posts: 293
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low budget music video , any contracts that wont make be liable?
im going to be shooting a low budget music video. are there any contracts that wont make me liable if someone gets hurt?
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December 11th, 2007, 04:54 AM | #2 |
Inner Circle
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
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They're called 'insurance policies.' <grin> Talk to a broker about general liability insurance.
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December 11th, 2007, 08:56 PM | #3 |
Wrangler
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
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As a general rule, it is possible to disclaim liability for ordinary negligence. Gross negligence may not be disclaimed, however.
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December 11th, 2007, 09:27 PM | #4 |
Major Player
Join Date: Feb 2006
Posts: 293
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can u explain a little more?
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December 12th, 2007, 07:21 AM | #5 |
Wrangler
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
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Unfortunately, I can't give specific legal advice. In a written contract, it is possible to agree that one or other other or both parties will not incur liability for damages caused by simple negligence. "Simple negligence" means following below the standard of care a reasonably-prudent person owes to someone else. It's frequently described as "breaching the duty of care." You'll see liability disclaimers in, for example, contracts involving a license to enter upon land, i.e. "admission tickets." Liability for gross negligence, which is generally defined as conduct which carries a reasonable likelihood of serious harm, cannot be contracted away ("disclaimed"). If you're a parachute rigger or a scuba tank filler, "Ooops, sorry" coupled with a negligence disclaimer won't protect you from liability if you kill or injure someone.
There are other kinds of liability that can't be disclaimed. For example, copyright, trademark and patent infringement are considered "strict liability." This means that, as long as you've done it, it doesn't matter whether you thought you weren't infringing, were indemnified against infringement by someone else, or contracted to have another party become liable, rather than you, in the event of infringement. |
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