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Question on potential injury/damage liability when hiring

Second opinion] Question on potential...
Second opinion] Question on potential injury/damage liability when hiring independent contractors. When hiring independent contractors to make product advertisement media such as videos and photos, how to draft contract such that business is not liable for potential property damages or personal injuries caused by contractors? A hypothetical scenario is: an actor is hired to make a video involving driving a car and, in a separate scene, skateboarding. Actor crashed the car into a building causing damages to both car and building. The actor who was hired to do a skateboarding jump also hurt himself despite being required to be able to do so safely. Contractor has a driver's license but drove the car offered by the business and insured as a personal car. Contractor does not have liability or other insurances. Business does not have liability insurance either except for a personal car insurance that excludes business use of the car. Contractor's work is nothing remotely close to doing stunt maneuvers as seen in movies but contractor may argue being distracted/out of routine etc. and insist that this is part of the hired job so business must be responsible.In this case, can the business disclaim this kind of liability and further be indemnified by the contractor who caused the damages by including terms in the contract? How to draft this kind of contract so the business is best protected? Please provide a sample contract containing such disclaimer and indemnification clauses.
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Answered in 2 days by:
10/16/2017
Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 119,451
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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First off, if you are directing their performance and supervising their conduct, they would not be independent contractors. Typically, actors are not independent contractors they are employees and you need to have workers compensation insurance. If they would be truly independent contractors, meaning working independently for you, such as you hire their company to make your video and market your company, then you need to insist in the contract that they have their own liability insurance and you need to demand they provide you proof of the insurance and it also needs to state they are liable for making sure anyone they hire to work on your project is covered by insurance and they hold you harmless and indemnify you from any liability for harm or damage in their executing their agreement with you.

It is an indemnification clause, but before you can seek that indemnification, you need to make sure the contractor you are hiring has insurance and provides you proof or you should not hire them.

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Customer reply replied 1 month ago
Thank you for the reply and a good point made on contractor vs. employee. I have heard conflicting opinions on independent contractors vs. employees, and to my knowledge working with professional photographers and videographers, they hire casual talent all the time and it seems totally legitimate to classify them as independent contractors despite being directed and given expectations what to do the work. Talent can be a "total package" having the ability, skills, and even "equipment" (e.g. their own wardrobes, to do the job. I am aware of IRS test on this and will confirm with others in similar situations. Nonetheless, a very good check point to keep in mind and thanks for that.On the indemnification clause, can you please provide a link to a sample? The rest of the contract can be anything but I'd like to see the actual and complete wording of this kind of clause that addresses the liability, liability insurance, and indemnification.Thanks again in advance.

Thank you for your reply.

The conflicting information you often receive is because people try whatever they can to make people independent contractors and avoid the legal liability and expenses associated with employees.

If you hire a photographer, they typically can be independent and then it is up to them to hire their talent. However, you need to include the indemnification clause with the photographer and state he is liable for any of the talent and not you as the company employing the photographer as independent contractor on your project.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
A sample contract with indemnification clause?

Here is a sample agreement, BUT it may be more complex than you need. It would need to be modified by you for your specific situation, but it contains the indemnification provisions discussed: http://www2.tulane.edu/ott/upload/-Independent-Contractor-Contract-Template-2.pdf

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 119,451
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
Verified
Law Educator, Esq. and 87 other Personal Injury Law Specialists are ready to help you
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Customer reply replied 1 month ago
Great! I'll reference it. Thank you!

Thank you.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
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