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Author
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Topic: Slamdance
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Frank Angel
Film God
Posts: 5305
From: Brooklyn NY USA
Registered: Dec 1999
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posted 02-06-2003 12:04 AM
Not really that difficult to prove. You just get a bunch of us Film-Tech guys to come in with you and we'll explain to the court just what's reasonable wear and tear and what is abominable damage caused by incompetence, carelessness and disregard for basic film care practices.
And Randy is right....no matter what you sign, when you enter into a contract that is based on common, demonstrable functionality (such as a dry cleaner and a customer with soiled cloths, a parking lot operator and a car owner, a filmmaker and a film festival operator) most tort law recognizes that there is always a legal expectation of reasonable and responsible behavior on the part of both parties. No matter what you sign, it will almost never exempt one party or the other from abdicating his responsibly to act in a reasonable, safe and responsible manner. Naturally if it comes down to it, a court may have to decide what is reasonable, safe or responsible. But when a print goes into a venue in mint condition and then comes out after a few runs scratched and chopped to crap, reasonable people could easily consider that irresponsible and far beyond the kind of behavior from which those exclusionary waivers can legally exempt the festival operator. It's like a guy who rents a car from Avis and signs the extra insurance, then enters it in a demolition derby.
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