Producers Beware: When Waivers And Releases Don't Work

Law360, New York (December 9, 2014, 10:12 AM EST) -- We live in a litigious country. Everyone knows that, especially producers in the entertainment industry. One way that producers — especially ones for unscripted TV — try to mitigate their risks is to require all on-screen participants to sign very broad waivers and releases. More often than not, these agreements amount to an insurance policy or a safety blanket just in case someone sues. But what happens when someone actually sues and challenges the enforceability of the document? Will the waiver and release survive judicial scrutiny? In a recent California appeal, it did not, and the case should serve as a warning to producers everywhere....

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