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borsuk48

Junior Member
What is the name of your state (only U.S. law)? IL

Hello,
We are starting up a new business and we need a legal contract or a liability from The nature of our business is advertising and producing commercial, mostly video. We are also creating a website where all of these commercials will be posted and giving them to our clients who will do what they please with them. We need to make, or find a template that would cover these issues:

-Liability for our equipment and studio. If a client trips over a cable or walks into a camera and gets injured than we don't want to be responsible for negligence.

-Liability for the commercial itself. We want to avoid a client calling us and saying that their product/ and or service was mis-advertised and is selling less because of our commercial. We will discuss every aspect of the commercial with the client making sure that they approve and like it. Also, we don't want a client calling us that his sales are not as expected because of the commercial that we produced.

Please excuse my non professional language, I studied a semester of business law and I consider my self extremely armature in this field. I also understand that anyone can sue for any reason, even if they sign a form stating they will not, for example they can say that did not know an "unknown risk"
Thank you very much in advance for your time!!!

Sincerely,
Jacob
 


Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? IL

Hello,
We are starting up a new business and we need a legal contract or a liability from The nature of our business is advertising and producing commercial, mostly video. We are also creating a website where all of these commercials will be posted and giving them to our clients who will do what they please with them. We need to make, or find a template that would cover these issues:

-Liability for our equipment and studio. If a client trips over a cable or walks into a camera and gets injured than we don't want to be responsible for negligence.

-Liability for the commercial itself. We want to avoid a client calling us and saying that their product/ and or service was mis-advertised and is selling less because of our commercial. We will discuss every aspect of the commercial with the client making sure that they approve and like it. Also, we don't want a client calling us that his sales are not as expected because of the commercial that we produced.

Please excuse my non professional language, I studied a semester of business law and I consider my self extremely armature in this field. I also understand that anyone can sue for any reason, even if they sign a form stating they will not, for example they can say that did not know an "unknown risk"
Thank you very much in advance for your time!!!

Sincerely,
Jacob
You need insurance, not a disclaimer. Using your tripping over the wire example, if a client signs a waiver stating he will not sue for your negligence, when he gets hurt, his wife can sue for loss of consortium. Since his wife did not sign the waiver, wife is not bound by it. Also note that you cannot ever disclaim liability for gross negligence.
 

asiny

Senior Member
-Liability for our equipment and studio. If a client trips over a cable or walks into a camera and gets injured than we don't want to be responsible for negligence.
I completely agree with Stevef assessment of the legal contract vs insurance (which is exactly what you need).
-Liability for the commercial itself. We want to avoid a client calling us and saying that their product/ and or service was mis-advertised and is selling less because of our commercial. We will discuss every aspect of the commercial with the client making sure that they approve and like it. Also, we don't want a client calling us that his sales are not as expected because of the commercial that we produced.
Visit the below link for a template video commercial contract. Pay close attention to sections 4, 6, 7 & 8 - specifically where it mentions CLIENT APPROVAL. Once a client approves - any requested changes after that results in an extra charge BEFORE the change is made (which is also approved).
If the client approved everything - prior to production - and signs the approvals, they can't really come back later to say their product was mis-advertised... they approved it.

Free Copy Of A Typical Industrial, Corporate and Commercial Video Production Contract

Section 10 covers your position if a client attempts to claim you promised that the commercial would increase sales. Which would be the most ridiculous thing to ever say to a client.
 

borsuk48

Junior Member
Insurance question

Like I mentioned in the original post, I understand that I can always get sued for neglegance and I want to prevent that as much as I can.

-Thank you for the Video production contract I will use it :D

-In regards with insurance, is there anything that I should pay attention to when it comes to the policy, and all the legal disclaimers. Are there any questions I should ask my insurance agent in regards to buying the insurance?
All I mean is do you guys have any tips, and things that I should watch out for/ pay attention to.

Thank you everyone for all this great advice.
 

LdiJ

Senior Member
Like I mentioned in the original post, I understand that I can always get sued for neglegance and I want to prevent that as much as I can.

-Thank you for the Video production contract I will use it :D

-In regards with insurance, is there anything that I should pay attention to when it comes to the policy, and all the legal disclaimers. Are there any questions I should ask my insurance agent in regards to buying the insurance?
All I mean is do you guys have any tips, and things that I should watch out for/ pay attention to.

Thank you everyone for all this great advice.
Every company needs liability insurance. That is very standard. The amount of the insurance is something that you should discuss with your agent. You should discuss what amount of insurance would be standard for your type of business.
 

tranquility

Senior Member
There are generally four prongs to liability protection.

1. Entity. Creating a limited liability entity can help limit loss when something really bad happens.

2. Insurance. Buying insurance saves the major cost of defending lawsuits. See you insurance agent for the coverage you need for both the premises liability and liability for your videos. (Approval does not save you if there is defamation in the video/commercial you publish.)

3. Legal. This is where the contract and consultation to other risks comes in.

4. Business practices. Do you inspect the studios regularly? Note the inspection on a sheet? Do you make sure they sign a contract before letting them in? Many would say client selection is the most important thing to prevent problems. When you're hungry, anyone who walks in the door with money is a client. However, that attitude will bite you in the long run.
 

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