I always hear about release forms, and things like that. Being that I'm doing an independent film and anticipate using only volunteers, am I obligated to have my cast and/or crew sign any type of form, waiver, or anything like that?
You are not obligated to, but if you want to have sole rights to the product, it's not a bad idea. Also, if you are working a long film and you want to make sure actors stick with it, you should have them sign a completion contract.
This is the form I use for personal release. It wasn't drafted by a lawyer as far as I know, I got it out of a book on indie film:
I (actor's name) have agreed to be photographed and/or recorded by (name of production company) and they and their successors shall own all rights of every kind in said photography and/or recording.
Sign and date
Print name
_____________________
It's a formality, but it doesn't hurt.
Thanx. Been waiting for an answer to this question for a while.
They should sign various forms, which should clarify the following issues at least:
1) What happens if there are profits;
2) Who is on the hook if creditors come knocking, or if they start a lawsuit;
3) What happens if someone slips on the wet floor and hurts himself;
4) What happens if one of the extras pays for something out of his own pocket;
5) If the extras have the right to make sequels and/or use the characters on their own time and at their own expense.
And so on. Get an attorney who specializes in film to look the forms over - he'll charge you a few hundred dollars for half an hour, but it will be worth it.
