I saw a while ago about someone having people, crew and actors, sign a liability release form when they were flying. Is this something that they generated themselves or is there a "fill in the blank" form we could use, something generic that we fill in the important information. I'd like to know as a CYA since im self funding my venture in this i dont need someone sueing me if something happens. Thank you
I think that's a fine idea, except that in the US, I believe it's quite clear that an enterprising lawyer (spits on ground) could make the case that an injury sustained as a result of your flying was the result of a criminal act, and probably not subject to the provisions of a liability release. Of course, I am engaged in said criminal acts on a regular basis, too (as are many here), so we're all anxiously waiting for legal guidance from the FAA so as to legitimize and legalize what we're doing. Sigh.
Im eagerly wait for 2015 so we can get legitimized to, just trying to do the CYA now because its a side thing for the time being, I'm military so cant devote myself 100% yet. I trust my bird, and myself and my partner piloting but there is always this aww *BLEEP* moments.
Paul A liability information form signed by participants in a shoot is a great idea. From my days flying hot air balloons the insurance companies basically required the use to have insurance. Steve is kind of right that in many states someone can not release or waive their right to come after you. That's why i called it a liability information form. You are informing them of the dangers in participating. Same thing you would see at a sky diving center, bungee jump, zip line anyplace that exposes folks to being injured. Such forms can and have kept folks out of trouble.
Cool, my main question is do we have to write one specifically for our shoots, or is there somewhere that has a general format and you just fill in the specifics. Ill do some diving in the web but a place to start would be awesome.
You would want something that would be aligned with what we do. My old hot air balloon waiver wouldn't be applicable. Maybe a search on movie aerial photography actors liability release?
Pretty much you can't fly and get paid in USA. But you can get hired as a camera operator and so happen to have your aerial rig (do not call it a drone since your never flying autonomously) there for testing/personal demo reel. Regardless you should have everyone sign a release waver and anyone who does not is asked to leave while your testing your rig. Even so if you do get in an accident, you could be held liable for people/property that would not be crew/staff/set.
What if your client is not willing to sign the release of liability waiver? My client is stating that he was advised not to because they would now be assuming liability. Would you still film for them?
It's your call but before I book I state that everyone has to sign to be on set. So if they do not sign they can't hang around. Just get your key personnel to sign and your all good.
I wouldn't do the shoot either but there are also grey areas of that as well. If its a small shoot, like the music videos or short films, then i would get everyone to sign and if they didn't ask them to leave the set while I'm flying. But I've also shot large events, Virginia Beach 2012 Polar Plunge video below, It would be impossible to get the 3000+ people there to sign liability release. In that instance i had 3 people helping me spot, i fly and operated the camera, 2 guys watched the ground below to give me a "way out" if something were to happen, and the last guy watched the bird at all times incase i didn't notice something wrong with it.
Safety parachute is the best insurance for flying around the edges of large groups of people. Too bad a good one does not exist.