[PA] Will my video production waiver form protect my business against any claims?
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In Pennsylvania, liability waivers can only protect against ordinary negligence. They cannot shield businesses or individuals from:
- Gross negligence
- Reckless conduct
- Intentional misconduct
- Willful acts
The Pennsylvania Supreme Court has established through case law that as a matter of public policy, pre-injury releases of liability for reckless, intentional, or grossly negligent conduct are unenforceable (Chepkevich v. Hidden Valley Resort, L.P., 2 A.3d 1174).
Also, I think the sentence that says,
"It is understood and agreed that this release is made and received in complete settlement and satisfaction of the causes of action, claims, and demands mentioned herein...."
should be changed to read:
"This liability release also discharges the signing party from any liability for negligence related to any activities conducted under this agreement."
This change will help focus the release specifically on negligence liability and better align with Pennsylvania's enforceability standards.
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Hello I have a wavier form that I created for a video production. Would you go over it?
I understand you have a waiver form for a video production. Could you please specify what type of information or clauses are included in the waiver form?
No liable for injuries, etc.
Have you encountered any specific issues or concerns regarding the language or legal aspects of the waiver form?
Would you be able to look over it ?
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your waiver form.
No.
Hello, welcome to AskaLawyer. My name is DJ. I've been a lawyer for over 20 years.
What state are you in?
I'm in PA
Ok
File attached (GP43T7L)
Here is a rough draft of my waiver from for video production; do you think this is good to protect my business for any claims?
Thanks for the info. I will do my best to help today.
In Pennsylvania, liability waivers can only protect against ordinary negligence. They cannot shield businesses or individuals from:
- Gross negligence
- Reckless conduct
- Intentional misconduct
- Willful acts
The Pennsylvania Supreme Court has established through case law that as a matter of public policy, pre-injury releases of liability for reckless, intentional, or grossly negligent conduct are unenforceable (Chepkevich v. Hidden Valley Resort, L.P., 2 A.3d 1174).
Also, I think the sentence that says,
"It is understood and agreed that this release is made and received in complete settlement and satisfaction of the causes of action, claims, and demands mentioned herein...."
should be changed to read:
"This liability release also discharges the signing party from any liability for negligence related to any activities conducted under this agreement."
This change will help focus the release specifically on negligence liability and better align with Pennsylvania's enforceability standards.
Thanks for catching that.
Ok awesome, thank you!
Thank you so much for letting me discuss this with you today! Please come back to AskaLawyer if you have questions. Good luck to you!
You too DJ, thank you
Thanks!
