Personal Managers Association
Dear Artists Members,
We’re aware that some producers are asking actors to sign waivers. We asked Equity for guidance about this. Their response is as follows:
Equity is aware that some producers are expecting performers to sign a waiver prior to filming. We accept that performers may have to acknowledge in writing that they have been advised of the risks of returning to work. This would include signing a written agreement stating that performers will accord to any enhanced health and safety measures in place whilst on set. This is not the same as the producer waiving full responsibility. A producer has responsibilities to its cast under Health and Safety law and a duty of care.
If a producer is negligent or does not take every reasonable precaution / minimise risk, they cannot abrogate responsibility for personal injury or death.
Ultimately, Equity does understand why producers are asking performers to recognise the risk posed by COVID-19 (particularly due to continuing issues around insurance cover) but this must be handled in a reasonable manner.
A fair example of language we have seen used is as follows:-
Covid-19 impact: In entering into this Agreement with the Producer Artist acknowledges an element of risk of exposure to COVID-19 associated with any form of participation in an activity involving other individuals working at relatively close proximity. While the Producer shall adhere strictly to [the production health and safety rules, broadcasters guidance and protocols including the BFC published industry guidance] and follow all risk assessment recommendations to minimise the risk of exposure to COVID-19, Artist acknowledges that there remains a possibility that he/she may come into direct or indirect contact with COVID-19 and is freely and willingly agreeing to participate in the production in this knowledge.
The above is a more balanced and reasonable approach and is far more likely to be considered so in a legal forum, as opposed to a blanket legal waiver.