Release of Liability
Create a California-compliant Voiceover Release of Liability. Protect against usage rights disputes and AB5 compliance issues in the California VO industry.
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In the California entertainment industry, a clear Release of Liability is essential for voiceover artists to define the exact scope of recording usage and mitigate risks associated with AB5 worker... Read more
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Customize your Release of Liability
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Legal Document
This Release of Liability (this "Release") is made and entered into as of [date] (the "Effective Date"), by and between [releasor_name] (the "Releasor") and [releasee_name] (the "Releasee"). In consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
WHEREAS, certain events, incidents, disputes, or claims have arisen between the Releasor and the Releasee as more fully described herein; and
WHEREAS, the Parties desire to fully, finally, and forever resolve any and all claims, disputes, and causes of action arising from or related to the matters described herein; and
WHEREAS, the Parties enter into this Release voluntarily and with full knowledge of its terms and consequences.
NOW, THEREFORE, in consideration of the promises, covenants, and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
The Parties acknowledge and agree that this Release arises from and relates to the following facts and circumstances: [incident_description] (the "Incident"). The Releasor acknowledges that the foregoing description accurately and completely sets forth the relevant facts and circumstances giving rise to this Release, and that the Releasor has had a full and adequate opportunity to review, investigate, and evaluate the facts and circumstances described herein prior to the execution of this Release. The Parties enter into this Release with full knowledge of the nature, extent, and consequences of the Incident, and each Party represents that it has not relied upon any statement, representation, or promise of the other Party, except as expressly set forth in this Release.
The Releasor, on behalf of the Releasor and the Releasor's heirs, executors, administrators, personal representatives, successors, and assigns, hereby FOREVER RELEASES, ACQUITS, AND DISCHARGES the Releasee, together with the Releasee's heirs, executors, administrators, personal representatives, officers, directors, employees, agents, representatives, insurers, attorneys, affiliates, subsidiaries, parent companies, successors, and assigns (collectively, the "Released Parties"), from any and all claims, demands, actions, causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, liabilities, obligations, damages, losses, costs, and expenses of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, matured or unmatured, accrued or unaccrued, fixed or contingent, at law or in equity, that the Releasor now has, has ever had, or may hereafter have against any of the Released Parties, arising out of, connected with, or in any way related to the Incident described in Section 1, including but not limited to claims for personal injury, bodily injury, emotional distress, pain and suffering, property damage, economic loss, consequential damages, punitive damages, attorneys' fees, and costs (collectively, the "Released Claims"). This Release is intended to be as broad and inclusive as permitted by applicable law.
The Parties acknowledge that the consideration for this Release is adequate and sufficient to support the promises and covenants contained herein.
The Releasor hereby covenants and agrees that the Releasor shall not, at any time hereafter, commence, maintain, prosecute, or cause to be commenced, maintained, or prosecuted, any action, suit, proceeding, complaint, charge, or claim of any kind, in any court, tribunal, administrative agency, or other forum, against any of the Released Parties, based upon, arising out of, or in any way related to any of the Released Claims. The Releasor acknowledges and agrees that in the event the Releasor breaches this covenant not to sue, the Released Parties shall be entitled to recover from the Releasor all costs, expenses, and attorneys' fees incurred in defending against any such action, suit, or proceeding, in addition to any other remedies available at law or in equity. This covenant not to sue is a material inducement for the Releasee to enter into this Release.
Each Party executing this Release hereby represents and warrants that: (a) such Party has carefully read this Release in its entirety and fully understands its terms, conditions, and consequences; (b) such Party is executing this Release freely, voluntarily, and without coercion, duress, or undue influence of any kind; (c) such Party has had the opportunity to consult with legal counsel of such Party's own choosing before executing this Release, and has either done so or has voluntarily elected not to do so; (d) such Party has not assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, or causes of action released herein, and no other person or entity has any interest in the Released Claims; (e) such Party is at least eighteen (18) years of age and is legally competent to enter into this Release; (f) such Party has full right, power, and authority to execute this Release and to perform all obligations hereunder; and (g) no oral representations, statements, promises, or inducements apart from the terms expressly set forth in this Release have been made to such Party.
6.1 Governing Law. This Release shall be governed by, and construed and enforced in accordance with, the laws of the state in which this Release is executed, without regard to its conflict of laws principles. Each Party irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in the state in which this Release is executed. 6.2 Entire Agreement. This Release constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. 6.3 Severability. If any provision of this Release 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, and the remaining provisions shall continue in full force and effect. 6.4 Amendment. This Release may not be amended, modified, or supplemented except by a written instrument signed by all Parties. 6.5 Counterparts. This Release may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 6.6 Binding Effect. This Release shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. 6.7 Construction. The language of this Release shall be construed as a whole according to its fair meaning, and not strictly for or against either Party. The headings in this Release are for convenience of reference only and shall not affect the interpretation of any provision.
The Releasor expressly waives all rights under California Civil Code Section 1542, which provides: '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.' The Voiceover Artist acknowledges that this waiver is necessary to provide a final and complete release of liability regarding the recorded session.
The parties acknowledge that the Voiceover Artist is performing services as an independent contractor pursuant to Cal. Lab. Code § 2750.3 (AB5). Artist maintains a separate business location, possesses a separate business license where required, and retains the right to control the performance of the services. This Release of Liability shall not be construed as creating an employer-employee relationship, and the Artist agrees to indemnify the Releasee for any payroll taxes or workers' compensation claims arising from a contrary determination.
In accordance with the Copyright Act of 1976, while the underlying recording may be a 'work made for hire' only if specifically agreed in writing, this release stipulates that usage is strictly limited to the media platforms and duration specified in the 'Usage Terms'. Any use of the Artist’s voice for AI voice cloning, synthesized speech training, or unapproved 'pick-up' sessions without additional consideration is expressly excluded from this release and shall constitute a material breach of this agreement.
[exclusion categories]
IN WITNESS WHEREOF, the undersigned have executed this Release of Liability as of the date first written above, each acknowledging that they have read and understood the terms herein and agree to be bound thereby.
Releasor
Name: Releasor
Date: ___________________
Releasee
Name: Releasee
Date: ___________________
In the California entertainment industry, a clear Release of Liability is essential for voiceover artists to define the exact scope of recording usage and mitigate risks associated with AB5 worker classification and CCPA data privacy. Without a formal release, performers face significant exposure to unauthorized demo reel use, unpaid revisions, and exclusivity conflicts that can jeopardize future bookings and intellectual property protection under the Copyright Act of 1976.
Beyond the standard release of liability sections, this template adds fields specific to Voiceover Artist:
The core legal purpose of a Release of Liability is to protect one party (the Releasee) from legal claims or lawsuits from another party (the Releasor) related to the subject of the release, such as an activity, transaction, or event.
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 release of liability 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
AB5 requires the ABC test to determine if a voiceover artist is an independent contractor or an employee. Your release should clearly reflect the nature of your engagement to avoid misclassification issues under Cal. Lab. Code § 2750.3.
Yes, provided the release is specific. However, under Cal. Civ. Code § 1542, a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, unless specifically waived.
Yes, it is critical to distinguish between the session fee for the recording and the buyout fee for usage rights to prevent non-payment disputes and unauthorized distribution beyond agreed-upon territories.
While this document manages liability between parties, all broadcast content must still adhere to FCC standards. This release helps indemnify the artist if the client uses the audio in a manner that violates FCC broadcasting guidelines.
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