Liability Waiver
Create a California-compliant liability waiver for voiceover sessions. Address Cal-OSHA safety, AB5 classification, and usage rights for VO artists.
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In the California recording industry, protecting your voice and brand requires more than a simple handshake. Whether you are navigating session fee disputes, high-revision pick-up requests, or strict... Read more
Customize your Liability Waiver
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Customize your Liability Waiver
12 fields · Takes about 2 minutes
Legal Document
This Liability Waiver and Release of Claims (this "Waiver") is made and entered into as of [date] 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 Artist and Client acknowledge that the relationship created by this agreement is that of an independent contractor under the 'ABC Test' as defined in California Labor Code § 2750.3. The Artist maintains full control over the performance of services, utilizing their own equipment and private studio, and is engaged in an independently established trade of the same nature as that involved in the work performed. Artist waives any claim to employment benefits including, but not limited to, workers' compensation and health benefits provided to Client's employees.
Pursuant to the California Consumer Privacy Act (CCPA) (Cal. Civ. Code § 1798.100), the Artist provides express consent for the Client to store and process the Artist's voice recordings ('Verbal Biometric Data'). Client agrees that such data shall only be used for the specific project scope defined herein. Client shall not use the Artist’s voice to train Artificial Intelligence (AI) or machine learning models, nor create synthesized clones of the Artist's voice, without a separate, written Licensing Agreement executed by both parties.
The Artist expressly waives all rights under California Civil Code Section 1542, which states: 'A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.' Artist acknowledges this waiver is a material inducement for Client to enter this session.
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: ___________________
In the California recording industry, protecting your voice and brand requires more than a simple handshake. Whether you are navigating session fee disputes, high-revision pick-up requests, or strict AB5 worker classification tests, a professional liability waiver ensures you are protected. This document accounts for California-specific regulations like the CCPA regarding your digital voice data and Cal-OSHA standards for studio environments, allowing you to focus on the performance while mitigating the risk of usage disputes or non-payment.
Beyond the standard liability waiver sections, this template adds fields specific to Voiceover Artist:
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.
Usage Rights Disputes
Contracts should clearly define the scope, duration, and territory of usage rights to prevent unauthorized use and ensure compliance with agreed terms.
Non-Payment
Contracts can include clear payment terms, milestones, and late fees to protect against non-payment. Including clauses for interest on late payments is also common.
Revision Scope
Setting clear terms in contracts about the number of revisions included in the fee, and costs for additional revisions, can prevent disputes.
Exclusivity Conflicts
Exclusivity clauses should define the duration, territory, and product categories they apply to, ensuring that voiceover artists do not inadvertently breach terms.
For this liability waiver to be legally valid:
Common mistakes to avoid:
Copyright Act of 1976
Voiceover artists must ensure that the use of their recordings does not infringe on existing copyrights. The act governs the protection of the original work and dictates how recorded content can be used and distributed.
Enforced by U.S. Copyright Office
Federal Communications Commission (FCC) Regulations
If a voiceover artist's work is used in radio or television broadcasting, it must comply with FCC regulations that govern the content and nature of broadcasts.
Enforced by Federal Communications Commission (FCC)
Recommended coverage: Errors and Omissions Insurance · General Liability Insurance · Professional Liability Insurance
California's AB5 (codified in Lab. Code § 2750.3) uses the ABC test to classify workers. For voiceover artists, it is crucial that the waiver and associated agreements clearly define your status as an independent contractor or employee, as this affects your rights to workers' compensation and wage protections.
While the waiver primarily focuses on liability and risk, our specific California clauses include provisions for usage rights. This prevents disputes over 'raw audio' versus 'finished work' and ensures compliance with the Copyright Act of 1976 and industry-standard buyout terms.
Cal-OSHA requires a safe working environment, which for VO artists includes proper acoustics, ventilation in sound booths, and ergonomic equipment. A liability waiver ensures the artist acknowledges the studio safety protocols while the studio remains responsible for gross negligence as per California Civil Code § 1668.
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