Legal enforceability and risk management of assumption of risk clauses in entertainment production contracts

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2008Legal / Business Practices forum

18 years old. Gear and prices may have changed since.

DisputedParticipants disagreed and reached no conclusion. Read the findings as positions, not as an answer.

Assumption of risk language in deal memos that attempts to limit employer liability to workers compensation may not be legally enforceable, with outcomes depending on litigation resources and judicial interpretation rather than contract language alone.
Modifying or crossing out problematic contract language and initialing changes is a practical approach that has been used without subsequent employer retaliation.
Unionization provides a structured mechanism to establish standardized contract protections across productions, with union representatives able to negotiate on behalf of workers.
Personal disability insurance can provide additional protection for non-union workers on high-risk productions.
Reality television productions operating as non-union operations may be vulnerable to unionization efforts.
Representation by an agent can provide resources to negotiate against unfavorable contract terms before signing.

Discussion lacks legal expert analysis of actual enforceability under specific jurisdictions.
Anecdotal evidence only regarding outcomes of crossing out contract language.
No resolution provided for the original situation.
Discussion conflates different issues including liability limits, safety protocols, and compensation practices.