Q: For Assumption of Risk and Release forms, do you need to have an LLC or an Inc to be legally binding?
I am a producer on a film production that is following COVID-19 guidelines for the set. We are requiring cast/crew sign an Assumption of Risk and Consent/Release forms. Most templates have an agreement between the individual signing and the "Company." As the director does not have a registered LLC or Inc, would it simply suffice to change "Company" to "Filmmaker," so as to make the agreement(s) between individuals? In other words, would the signed form still be legally binding with this nomenclature change?
A: The short answer is no, you don’t need to be a legal entity to contract in this manner. But... Your question raises some potential red flags that aren’t easily discussed in this Q&A forum. I think you would benefit by by seeking the direct advice of an attorney here. If you would Like to discuss feel free to email me at jason@altviewlawgroup.com and we can set a time for a call.
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