Hi Wayne, I according to most people whom I have heard bring up the subject, covid waivers likely have no legal teeth. Also, I wouldn't sign one, and I'm pretty sure they would not be allowed by any unions or guilds. Just a lay opinion, not an attorney.
Wayne HazleRoyce Allen Dudley 1. The unions/guilds tell their people not to sign them, and they are not permitted under current settled guidelines. 2. But yes, such waivers are perfectly legal and, so long as a production is actually following state guidelines, they should be effective, and attorneys and insurance companies have been insisting their producer clients get them since the covid carfluffle began. 3. There being no certain way to trace where a person gets covid, outside the union rules there is no real way to tag a producer without some pretty solid evidence. Finally, 4. the union guidelines IMO both are (a) wildly out of proportion and largely unnecessary, (b) (being an agreement between the unions and major studios) actually aimed not at safety but at raising budgets to suppress independent production during the current production environment and the de facto (probably permanent) collapse of domestic theatrical distribution (try adding a couple paid days per crew member, plus $3000-$30,000/day onto your independent budget to comply with union guidelines), and (c) improperly attempt to make a producer an insurer against covid - no other industry says your employer is liable if you catch a disease outside your work place - or in most cases, in the work place - but the union guidelines effectively do that.
Hi Wayne, I according to most people whom I have heard bring up the subject, covid waivers likely have no legal teeth. Also, I wouldn't sign one, and I'm pretty sure they would not be allowed by any unions or guilds. Just a lay opinion, not an attorney.
yes I have been told they are WORTHLESS legally and the guilds refuse to have members sign.
Wayne Hazle Royce Allen Dudley 1. The unions/guilds tell their people not to sign them, and they are not permitted under current settled guidelines. 2. But yes, such waivers are perfectly legal and, so long as a production is actually following state guidelines, they should be effective, and attorneys and insurance companies have been insisting their producer clients get them since the covid carfluffle began. 3. There being no certain way to trace where a person gets covid, outside the union rules there is no real way to tag a producer without some pretty solid evidence. Finally, 4. the union guidelines IMO both are (a) wildly out of proportion and largely unnecessary, (b) (being an agreement between the unions and major studios) actually aimed not at safety but at raising budgets to suppress independent production during the current production environment and the de facto (probably permanent) collapse of domestic theatrical distribution (try adding a couple paid days per crew member, plus $3000-$30,000/day onto your independent budget to comply with union guidelines), and (c) improperly attempt to make a producer an insurer against covid - no other industry says your employer is liable if you catch a disease outside your work place - or in most cases, in the work place - but the union guidelines effectively do that.
Shadow Dragu-Mihai, thanks for that clarification.
Hmmmmm....very interesting point of view!