In the fast-paced, often chaotic world of independent film production, it’s easy to overlook paperwork in favor of creativity. Budgets are tight. Time is short. Everyone’s wearing multiple hats. But one document that should never be skipped is the general liability release.

Many filmmakers ask:

– Is it legally required?

– Is it enforceable?

– What happens if someone won’t sign one?

This post will answer these questions and walk you through best practices, legal pitfalls, and how a simple release can be the backbone of your risk management strategy.

What Is a General Liability Release?

A general liability release is a legal agreement where a participant — whether a crew member, actor, volunteer, or other individual — agrees not to hold the production legally responsible for injuries, damages, or losses that might occur during their involvement in the project.

It usually contains language where the signer:

– Acknowledges they’re participating voluntarily

– Accepts the risks involved in the filming process

– Waives their right to sue the filmmakers or production company for certain types of harm

A well-drafted release can cover physical injuries (e.g., tripping on set), emotional distress, use of their likeness, and more — depending on how it’s written. Think of it as an essential legal buffer between the chaos of filmmaking and the potential for future lawsuits.

Is a Liability Release Required by Law?

There is no federal or state law that explicitly requires you to use general liability releases in independent filmmaking. However, in practice, every professional production uses them — not because they’re required, but because they’re vital to reduce legal and financial risk.

Without a signed release:

– An injured crew member can sue you or your production company

– A former participant could demand you stop using footage with their voice or likeness

– Insurance carriers may deny claims if proper risk management procedures weren’t followed

In other words, it’s not mandatory — but it’s reckless to go without it.

Best Practices: How and When to Use General Liability Releases

To maximize the effectiveness of your liability release — and avoid disputes down the road — follow these industry-tested best practices:

1. Use Releases for Everyone

Every person involved in your production — whether paid, unpaid, professional, or volunteer — should sign a release. This includes:

– Crew members

– On-screen talent

– Extras and background actors

– Stunt performers

– Production assistants

– Interns and students

– Even visiting friends or advisors

If they’re on set or involved in any capacity, they should sign a release.

2. Sign Before Production Begins

You want the release signed before the participant sets foot on location. If someone is injured or objects after the fact, and they haven’t signed a release, your legal exposure is much greater.

3. Spell Out the Risks Clearly

Don’t bury key terms in legalese. Use plain English to explain that:

– The film may involve physical activity or travel

– There may be hazards on set (wires, lights, outdoor terrain)

– They are waiving their right to sue for injuries

– They agree to the use of their image, voice, and contributions

4. Combine With Talent and Work-for-Hire Agreements

The general liability release often appears as a clause within broader agreements, such as:

– Crew Deal Memos

– Performer Agreements

– Work-for-Hire Contracts

But if you’re not using those, a stand-alone release is still much better than nothing.

5. Keep Good Records

Store all signed releases (scanned and physical copies) in a secure, accessible place. You may need them years later — especially if your film gets distribution or festival attention.

What If Someone Refuses to Sign After Filming Ends?

This is surprisingly common in the indie world, especially if contracts weren’t handled properly at the start. Maybe someone joined the team late, or maybe paperwork got delayed.

Here’s what you can do:

1. Open a Dialogue

Explain that signing the release:

– Does not diminish their contribution

– Is standard practice across the industry

– Protects both the filmmaker and the participant
Sometimes people just need reassurance or clarification.

2. Offer Consideration (Incentive)

While not required, offering something of value — like a screen credit, footage for their reel, or a small payment — can help nudge someone toward signing. This also strengthens the legal enforceability of the document.

3. Avoid Using Their Image Without Consent

If you don’t have a release, you may be forced to:

– Blur their image

– Redub audio

– Remove scenes

Doing so can be expensive and creatively disruptive. That’s why proactive planning matters.

4. Document Your Efforts

If someone still refuses to sign, make a record that you made good-faith efforts to obtain the release. This could be helpful later in court or with your insurance carrier.

Is Insurance a Substitute for a Liability Release?

No. Many producers assume their production insurance will protect them from any claims. But insurance does not prevent lawsuits — it merely helps you defend against them.

Liability releases:

– Deter lawsuits by cutting off legal claims before they start

– Reduce the likelihood your insurance premium will spike

– May be required by your insurer to activate coverage

Types of Insurance Filmmakers Should Know About

Even if you have signed releases, insurance is still essential. Here are the main types relevant to indie filmmakers:

1. General Liability Insurance

Covers bodily injury and property damage. Required by most location owners and gear rental houses.

2. Production Insurance

Comprehensive policy that can include coverage for:

– Equipment loss or damage

– Vehicle use

– Cast insurance (in case of illness or delay)

– Negative or digital media loss

3. Errors and Omissions (E&O) Insurance

Protects against:

– Defamation

– Copyright or trademark infringement

– Privacy claims

E&O is mandatory for distribution deals, streaming platforms, and major festivals.

4. Workers’ Compensation

Required if you’re hiring employees, even temporarily. It covers on-set injuries and protects you from personal liability.

Final Thoughts: Don’t Leave Legal Protection to Luck

If you’re serious about your film, you need to be serious about legal protection.

A general liability release is a simple, low-cost way to protect your crew, your reputation, and your future distribution opportunities. While it may feel like an afterthought in the rush of production, it’s one of the smartest moves you can make.

Don’t wait for something to go wrong. Handle releases at the start — not at the settlement table.