3 Waivers, any tips?

I'm going out filming this weekend, interviewing people in the bar district about their thoughts on the current state of the world. I have a couple of heavies for protection. Well, one taxi-driving Silat master. I'm normally OK because I'm respectful and friendly with people and don't get in their face with the camera.

A few questions if anyone has time;

- Which of the following waivers look best to you at a glance? I don't expect anyone to plough through them all, but if you've had success with one of these which one?

- The interviewees will most likely be intoxicated. I go at night on purpose because the alcohol makes people open up, BUT does this invalidate or weaken any contract?

- I have no production company. Can i just invent a name and create it later, or do I have to get people to sign with me?

- Do I have to get people grinning in the background to sign?

*I'm not looking to screw anyone over or make anyone look bad. I'm not asking personal questions. I will give them my email and phone number, plus a letter, and tell them if they wake up and decide they've changed their mind to contact me, it's no sweat. They will get a bottle of beer in return for the interview, and a chance to speak to the world.

From Scribd:

Interview Release
[Basic Consent and Release for use with interview subjects]
Grant. For consideration which I acknowledge, I consent to the video and audio

recording of my statements and grant to_________________
Company’s assigns, licensees and successors the right to copy, reproduce, and use
all or a portion of the statements (the “Interview”) for incorporation in the following
work_________________________________________
(“Company”) and (the “Work”).

I permit the use of all or a portion of the Interview in the Work in all forms and
media including advertising and related promotion throughout the world and in
perpetuity. I grant the right to use my image and name in connection with all uses
of the Interview and waive the right to inspect or approve use of my Interview as
incorporated in the Work.
Release. I release Company and Company’s assigns, licensees and successors from

any claims that may arise regarding the use of the Interview including any claims of
defamation, invasion of privacy, or infringement of moral rights, rights of publicity
or copyright. I acknowledge that I have no ownership rights in the Work.
Company is not obligated to utilize the rights granted in this Agreement.
I have read and understood this agreement and I am over the age of 18. This
Agreement expresses the complete understanding of the parties.
___________________________________________
Interview Subject Signature
___________________________________________
Interview Subject Name
___________________________________________
___________________________________________
Interview Subject Address
Date_____________

Sonnyboo has an actor release form that could be modified.

ACTOR AGREEMENT



This agreement is entered into by and between _____________________ (the “Actor”) and _____________________ (the “Production Company”). In the event of the Actor’s death or total incapacity, “Actor” means the Actor’s heirs, devisees, beneficiaries, trusts, assignees or other successors-in-interest. “Production Company” includes the licensees, assignees, future owners, or other acquirers or successors-in-interest of Sonnyboo Productions, Inc.



The Actor hereby grants to the Production Company and to its licensees, assignees, and other successors-in-interest, all rights of every kind and character, in perpetuity, in and to the Actor’s performance, appearance, likeness, name and/or voice (the “Performance”) in connection with the motion picture entitled ____________ which is based on the concept and outline by ______________________ (the “Picture”).



The Actor hereby authorizes the Production Company to photograph, videotape, film and record (on film, tape, or any other medium), the Performance and audition(s) for the Performance; to edit the same at its discretion and to include it with the performances of others and with sound effects, special effects, digital effects and music; to incorporate the same into the Picture, trailers, posters or other materials or programs related to the Picture; to use and to license others to use such records and photographs in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use my name, likeness, voice, biography or other information concerning me in connection with the Picture and for any other purpose associated with the Picture. The Actor further acknowledges that the Production Company owns all rights to the Picture.



The Production Company shall compensate the Actor for the Performance by payment to Actor of ___% of net profits to the Production Company from all distribution and exploitation of the Picture (including Picture trademarks, service marks, logos, slogans, likenesses, names, voice, or dialogue), including royalties, dividends, or payments of any kind arising from theatre, television, video, CD, DVD, or internet distribution and exploitation. Net profits shall be determined in accordance with generally accepted accounting principles. Payment will be made to the Actor on a quarterly basis in perpetuity as the Production Company receives such monies. The Actor is responsible to pay all applicable taxes and other assessments or levies of any kind due on the receipt of income.



Unless otherwise agreed to in writing by the Production Company, the Actor will receive no compensation in the event that the Actor does not complete the Performance.



This Agreement constitutes the entire agreement by and between the Actor and the Production Company and supersedes any and all prior contracts, understandings, negotiations, and agreements with respect to the Production Company and the subject matter hereof, whether oral or written.



Actor Name: _____________________________________



Signature: _____________________________________




_________________________________

, Production Company

This is from Zadie.com

Film Production:

Personal Release



I, _________________________, have agreed to be photographed and/or recorded by Film Production Company (the “Production Company”) and that they and their successors shall own all rights of every kind in said photography and/or recording. I am granting a release to allow employees, agents and guests of the Production Company (the “Production Persons”) to record, film, photograph, or videotape material and/or segments of a program featuring my voice, image, and property (the “Material”).



I hereby grant Production Persons, their successors, licensees and assign the nonexclusive right, but not the obligation, to use the Material in connection with and as part of the Film Production Title and for advertising, promotional and publicity purposes.



I hereby grant Production Persons, their successors, licensees and assigns from and against any and all claims, causes of action, suits, cost liabilities and damages whatsoever that I now or hereafter may have against them in connection with preparation, production and use of the Material.



I warrant that I am fully authorized to grant the rights described in the letter.



(PLEASE PRINT CLEARLY)



Signature: ___________________________ Date: __________



Print Name: _________________________________________



Parents’ signature (if minor): ___________________________



Address: ____________________________________________



City/State/Zip: ________________________________________



Phone: ____________________Mobile:___________________



Email: ______________________________________________

By:

Production:

Scene:

Date:

Note:


Our founding father and creator, Indietalk himself posted one, but I can't copy/paste it for some reason.

O.K. Hope this is of use to someone.
 
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Sorry man I got instant tired head. But I really don't know.

Haha yeah I zone out whenever I see a legal form too. Every employment contract in my life I've signed without reading the damn thing. But you've got to learn this stuff at some point if yr a one man crew...
 
Your best bet would be to contact an entertainment attorney in your area. Although I am an entertainment attorney, I am not your attorney and therefore I cannot give you any advice on these forms but I can tell you that there is potential for issues arising out of attempting to have intoxicated individuals waive rights in your film. There are statutes and case law in states and countries for that matter that may or may invalidate contracts entered into by intoxicated individuals. Retain an attorney to discuss these issues.

******
Disclaimer: This post is for the purpose of abstract discussion of legal principles and procedures, and does not create an attorney-client relationship or any other legal relationship between the sender and recipient. It is not legal advice. I may be dead wrong. Your mileage may vary. Consult your professional tax advisor. Eat your vegetables. Brush at least twice daily, especially after meals. Monitor your tire pressure. Get plenty of sleep.
 
Me, I say go with the first one, its the simplest.

Be sure to get a PHONE NUMBER and legible address.
And do about 10X the number of interviews you think you need.


When you start going through footage:
Toss any that are just no good, bad image or boring..
toss any interviews for which cant find the release form.
Toss any interviews for which the release form contains missing or illegible informaiton.

For the interviews where its cleared the interviewee is toasted, go meet them and have them sign again. If no sign, toss it..

For the rest.. roll the dice and take your chances..

You now know why I am not a lawyer!
 
For the rest.. roll the dice and take your chances..

You now know why I am not a lawyer!

lol. Good advice... We have to balance between covering ourselves and being a little bit brave. I should be OK with the intoxication thing... I'm going to treat people with respect. I can happily add a clause giving them 30 days to contact me if they change they mind. If they see the final cut and want out, I will probably yank their footage even though I am not legally obliged to.

go meet them and have them sign again.

This is almost impossible because I'll be filming tourists in a beach resort, but I will follow up with an emailed e-contract, can't hurt.

I can tell you that there is potential for issues arising out of attempting to have intoxicated individuals waive rights in your film. There are statutes and case law in states and countries for that matter that may or may invalidate contracts entered into by intoxicated individuals. Retain an attorney to discuss these issues.

Yes I guessed this... If I remain flexible to people having their footage pulled I should be OK. Plus, I'm not looking to interview anyone who is absolutely steaming, just a bit loosened up + lucid. Thanks!
 
What are you looking for? Sounds like you need a "Talent Release".
release.jpg
 
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