Liability Waiver
Secure your music production business in California with a customized liability waiver. Address royalty, sample clearance, and co-ownership risks effectively.
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As a music producer in California, your creative endeavors come with unique legal exposures, from complex royalty splits to sample clearance hurdles. Our specially designed liability waiver helps you... Read more
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Customize your Liability Waiver
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Legal Document
This Liability Waiver and Release of Claims (this "Waiver") is made and entered into as of 2026-04-23 by and between [company_name] (the "Released Party"), including its officers, directors, employees, agents, representatives, successors, and assigns, and [participant_name] (the "Participant"). In consideration of the Participant being permitted to participate in the activities described herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant agrees as follows:
The Participant hereby acknowledges and agrees that participation in the following activity or activities provided by [company_name]: [activity_description] (collectively, the "Activities"), involves inherent risks, dangers, and hazards that may result in serious personal injury, permanent disability, paralysis, death, or property damage or loss. Such risks include, but are not limited to: physical exertion and strain; contact with other participants, equipment, surfaces, or natural features; adverse weather conditions; equipment failure or malfunction; inadequate or negligent instruction or supervision; the negligence of other participants or third parties; and any other risks inherent in or arising from the Activities, whether or not specifically identified herein. THE PARTICIPANT HEREBY EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISKS OF INJURY, ILLNESS, DAMAGE, OR LOSS ARISING FROM OR RELATED TO THE ACTIVITIES, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTY OR OTHERWISE, AND WHETHER SUCH RISKS ARE KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, AT THE TIME OF EXECUTION OF THIS WAIVER. The Participant acknowledges that the Participant has had a full and adequate opportunity to review and consider the nature of the Activities and the risks described herein, and the Participant's assumption of risk is made knowingly, voluntarily, and without coercion or duress of any kind.
In consideration of being permitted to participate in the Activities, the Participant, on behalf of the Participant and the Participant's heirs, executors, administrators, personal representatives, assignees, and next of kin, hereby FOREVER RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE [company_name], its officers, directors, employees, agents, representatives, volunteers, affiliates, subsidiaries, parent companies, successors, and assigns (collectively, the "Released Parties") from and against any and all claims, demands, actions, causes of action, suits, liabilities, obligations, damages, losses, costs, expenses (including reasonable attorneys' fees), and judgments of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, fixed or contingent, that the Participant now has, has ever had, or may hereafter have against the Released Parties, arising out of, connected with, or in any way related to the Participant's participation in the Activities, including but not limited to claims arising from the negligence (whether active or passive), gross negligence, or willful misconduct of the Released Parties, or from any defect or dangerous condition of the premises, facilities, or equipment used in connection with the Activities (collectively, the "Released Claims"). This release is intended to be as broad and inclusive as permitted by applicable law.
The Participant agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS [company_name] and the Released Parties from and against any and all claims, demands, actions, causes of action, suits, liabilities, obligations, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) brought by or on behalf of the Participant, the Participant's heirs, executors, administrators, personal representatives, assignees, next of kin, or any third party, arising out of, connected with, or in any way related to the Participant's participation in the Activities, including but not limited to any claims arising from the Participant's own negligence, breach of this Waiver, or violation of any applicable law, rule, or regulation. This indemnification obligation shall survive the termination or expiration of this Waiver.
The Participant hereby authorizes [company_name] and its employees, agents, and representatives to obtain or provide emergency medical treatment for the Participant in the event of an injury, illness, or medical emergency arising during or in connection with the Participant's participation in the Activities, including but not limited to first aid, CPR, transportation to a medical facility, and any other emergency medical care deemed necessary by medical professionals or by [company_name] personnel. The Participant acknowledges and agrees that the Participant shall be solely responsible for all costs, fees, and expenses associated with any such medical treatment, including emergency transportation, hospitalization, surgery, and any follow-up care. The Participant releases the Released Parties from any and all liability arising from the provision of, or failure to provide, emergency medical treatment.
The Participant hereby acknowledges and represents that: (a) the Participant has carefully read this Waiver in its entirety and fully understands its terms and conditions; (b) the Participant is aware that this Waiver constitutes a legally binding contract and a complete release of all liability owed to the Participant by the Released Parties; (c) the Participant has signed this Waiver freely, voluntarily, and without coercion, duress, or undue influence of any kind; (d) the Participant is at least eighteen (18) years of age and is legally competent to enter into this Waiver; (e) the Participant has had the opportunity to consult with legal counsel of the Participant's choosing before executing this Waiver and has either done so or has voluntarily elected not to do so; (f) no oral representations, statements, promises, or inducements apart from the terms set forth in this Waiver have been made to the Participant; and (g) the Participant intends this Waiver to be a complete and unconditional release of all liability to the greatest extent permitted by applicable law.
This Waiver shall be governed by, construed, and enforced in accordance with the laws of the state in which [company_name] maintains its principal place of business, without regard to any conflict of laws principles that would require the application of the law of any other jurisdiction. In the event that any dispute arises under or in connection with this Waiver, the Participant irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in the jurisdiction of [company_name]'s principal place of business, and the Participant hereby waives any objection to such jurisdiction or venue, including any objection based on inconvenient forum. If any provision of this Waiver is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Waiver, and the remaining provisions shall continue in full force and effect. This Waiver constitutes the entire agreement between [company_name] and the Participant with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and representations, whether written or oral.
The Participant acknowledges and agrees that all intellectual property rights, including but not limited to copyrights in sound recordings, musical works, and related compositions, are governed by the Copyright Act of 1976 and the Digital Millennium Copyright Act (DMCA). The Participant further acknowledges that any use of third-party samples, beats, or other copyrighted material in connection with the activity described herein requires proper clearance and licensing from the respective rights holders. The Producer shall not be liable for any claims, damages, or liabilities arising from the Participant's failure to secure such clearances or any infringement by the Participant, and the Participant agrees to indemnify the Producer in such instances.
This Waiver shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The parties agree that any dispute arising from this Waiver shall be resolved exclusively in the state or federal courts located in California. If any provision of this Waiver is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by Cal. Civ. Code § 1550, Cal. Civ. Code § 1624, and related California statutes.
The Participant expressly acknowledges that detailed terms regarding royalty splits, co-ownership percentages, and credit attribution for any works created or contributed to during the activity are, or will be, outlined in separate written agreements. This Waiver specifically does not supersede, modify, or negate those separate agreements but acts as an additional acknowledgment by the Participant of their understanding of the Producer’s operational boundaries regarding liability for such complex matters. All parties agree to adhere to the dispute resolution mechanisms specified in those governing contracts to avoid common liabilities such as royalty and credit disputes, consistent with industry standards established by PROs (ASCAP, BMI, SESAC).
BY SIGNING BELOW, THE PARTICIPANT ACKNOWLEDGES THAT THE PARTICIPANT HAS READ THIS WAIVER, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT THE PARTICIPANT HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGNS IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Participant
Name: Participant
Date: 2026-04-23
As a music producer in California, your creative endeavors come with unique legal exposures, from complex royalty splits to sample clearance hurdles. Our specially designed liability waiver helps you mitigate these risks, ensuring your studio sessions, collaborations, and releases are protected under California law, giving you peace of mind to focus on making great music.
Beyond the standard liability waiver sections, this template adds fields specific to Music Producer:
The core legal purpose of a Liability Waiver is to reduce or eliminate the legal liability of an organization or entity by having the participant acknowledge and accept the risks involved in an activity, thereby waiving their right to sue for damages or injuries incurred as a result of their participation.
Credit disputes
Ensure contracts clearly define credit rights and how the producer will be acknowledged in all releases.
This waiver, when properly executed, clarifies the participant's understanding and acceptance of terms regarding intellectual property and financial obligations. While a waiver doesn't replace a comprehensive royalty agreement, it serves as an additional layer of protection, especially when combined with clear contractual outlines of royalty splits and payment schedules, a common pain point for producers. Ensure all royalty terms align with U.S. Copyright Act of 1976.
Yes, by including specific acknowledgments within the waiver regarding intellectual property, participants attest to their understanding of clearance requirements. This waiver is designed to reinforce your contractual clauses that require all samples used to be properly licensed and cleared with rights holders, critical under the Digital Millennium Copyright Act (DMCA) and U.S. Copyright Office guidelines to prevent legal disputes and financial penalties.
California's AB5 (Cal. Lab. Code §§ 2750.3 and 3351) reclassifies independent contractors and employees using the 'ABC test.' While this waiver is primarily for participants, not employees/contractors, understanding AB5 is crucial for your overall business. If any 'participant' could be misconstrued as an employee, a general liability waiver won't solve the reclassification issue, which demands specific compliant agreements. This waiver focuses on waiving liability for damages, not reclassifying labor.
While this liability waiver primarily addresses the participant's agreement to 'waive and release claims' for general operational risks and acknowledged intellectual property understandings, it also references the broader legal landscape where RIAA guidelines on anti-piracy and PRO licensing (ASCAP, BMI, SESAC) are vital. A properly executed waiver and sound contracts ensure all parties respect copyright and performance rights, minimizing common liabilities like credit and co-ownership disputes.
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For this liability waiver to be legally valid:
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