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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I edit a video show for a producer for a very low price (about

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I edit a video show for a producer for a very low price (about five percent of a
typical commercial rate) mostly as a favor. A new requirement has come up
for which the producer purchased a $3000 piece of software, which is enabled with a
special physical key which would cost the full $3000 to replace if it were lost or damaged.

The producer suppled this to me to
perform this additional service (specifically legally required closed
captioning) and for which I receive no additional pay.
The producer has informed me I am liable for the full $3000 if anything happens
to the key.

Is this legal?
Hi,

Thank you for your question. When A lends a peice of equipment to B (an independent contractor)for B to do work for A, and B damages that peice of equipment, B is liable to A for the damage. B has to insist on a waiver of liability from A before accepting the equipment.

In other words, yes it is legal. If you do not want to be responsible, then you need to negotiate that with the producer. Since you are doing the work for 5% of the market rate, then you shouldn't feel guilty about telling the producer that you will not be liable for any damage to the equipment. If he doesn't agree then your option is to walk away.

-ZDN
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