performer/production amendment not to publish content

[craigers]

What is the name of your state (only U.S. law)? Wisconsin / California

Background:

A few years ago my girlfriend shot a video in California that she regretted doing. The clip was not published but was due to be within the next year. She asked the production company not to publish, he agreed and sent a contract asking for damages and keeping his intellectual rights. The contract seems fair but I have a few questions.

1. The contract says he is not liable if the video is stolen from his computer or otherwise and published. Is this reasonable or is it his responsibility to secure the content and that's what insurance is for?

2. He is in California and we are in Wisconsin. He emailed the contract and asked us to sign it and send a cashier's check for the damages. My question is should I request he sign it first mail it to us to complete it and send that check then? The idea of sending an unfinished contract with a check seems a bit concerning to me.

Thanks

 

[quincy]

What is the name of your state (only U.S. law)? Wisconsin / California

Background:

A few years ago my girlfriend shot a video in California that she regretted doing. The clip was not published but was due to be within the next year. She asked the production company not to publish, he agreed and sent a contract asking for damages and keeping his intellectual rights. The contract seems fair but I have a few questions.

1. The contract says he is not liable if the video is stolen from his computer or otherwise and published. Is this reasonable or is it his responsibility to secure the content and that's what insurance is for?

2. He is in California and we are in Wisconsin. He emailed the contract and asked us to sign it and send a cashier's check for the damages. My question is should I request he sign it first mail it to us to complete it and send that check then? The idea of sending an unfinished contract with a check seems a bit concerning to me.

Thanks

I think you are smart to be concerned.

We cannot do a personal review of a contract in its entirety on this forum, and it is not possible to personally review all facts surrounding the formation of this contract on a forum. For this reason, I suggest that your girlfriend take the contract to an attorney in her area. I would certainly NOT sign the contract or send off a check prior to this personal review.

Good luck.