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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
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Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I do Sound Engineering, specifically recording in regards to

Resolved Question:

I do Sound Engineering, specifically recording in regards XXXXX XXXXX Question. I have an idea to record people out of their homes, bringing a (portable) recording studio to their Homes. This would be in Garages, Living Rooms and Wherever else is available in the clients houses to get great sounds.
Is their liability that i could be responsible for, like if they trip over a cable for instance?
If Yes, What is the Best course of action to protect myself from these possibile liabilities, Can i have the client wave any liability through contract?
If So, Could I also Use this/a contract to protect myself and my house when Clients come to here my House to Pay for my Recording and Producing services?
Is there any other Liabilities or Legal Issues that you can forsee in this Scenario of Recording people out of their homes, or Mine? Like if they Damaged my Equipment, Maybe that could also be included in the Waver Contract.
Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Thomas Swartz replied 1 year ago.
Hello JACUSTOMER,

Yes, you could be potentially liable for personal injury types of situations if they can prove that you were negligent in some manner. Say for instance you did not secure the wires/cables properly, or made them so they were not visible and caused a tripping accident. The best way to protect yourself from these types of personal injury claims is to havae a personal injury liability waiver in your contract with the client stating in effect that the client waives all personal injuries claims resulting from your being on the premises.

You probably also want to consider having some type of waiver of liability for any damage you might cause to the client's property while on their premises. Electricity comes to mind. I suppose there is a risk that you may cause damage to a client's electricty system if there is not an adequate supply (etc.) You would want to make sure before you take a job that the electricity supplies are adequate. But having a property damage waiver clause in your contract would be a good idea. And the waiver should cover all property (electricity systems, etc. and other property).

You also want to consider taking out some type of business liability insurance to protect and insure yourself about any possible claims. I would talk to a local business insurance agent to discuss your particular insurance needs.

And yes, you can also have provisions in your contract (if they come to your house) that the client will be held responisble for any damage to cause to your equipment or property while on your property. With respect to these clauses you want to make it clear that they can be held responsible for both damage to your recording equipment and your other personal and real property (rugs, furniture, walls, etc.). I would put these in two separate clauses - one for your recording equipment and one for your other property - just so that it is clear they can be responisble for both.

Good luck.

Thomas

Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 2802
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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