Our agency's liability waiver got shredded in court last month

We had a client trip over a loose cable at a photo shoot and our standard waiver didn't cover it. The judge said it was "too vague" and now we're out $12,000 in legal fees. Has anyone found a good template that actually holds up for on-location work?

3 comments

3 Comments

the_tara4d ago

I read a recent article in PDN about liability waivers and specifically mentioned how courts are cracking down on 'blanket language.' That's probably what happened with you guys. A good on-location waiver needs to spell out exactly what risks are involved - like tripping over equipment, weather-related issues, or lighting equipment falling. We hired a lawyer to rewrite ours last year and she made us list specific hazards for each shoot type instead of just a general 'assumption of risk' paragraph. The judge calling yours 'too vague' makes total sense with what I've been seeing in the industry lately.

grace_allen4d ago

So basically just add 'you might trip over my ego' to the list?

allen.charlie2d ago

You ever look at one of those "one size fits all" waivers and just know it's gonna fall apart when things get real? I've been burned by bad contracts before and here's the thing - you need to split your waivers by job type. A studio shoot has different dangers than an outdoor location or an event. I run my own small business and I keep three different waiver forms saved on my phone for different scenarios. The trick is to get real specific about what could go wrong, like "client may trip over backdrops or light stands" instead of "client assumes all risks." And honestly, shelling out for a lawyer to write your waivers hurts upfront but it saves you from paying twice later.