Quote:
|
if you are doing sex scenes without condoms you need to look into a non-condom release aswell, according to my attorney they are now required under 2257.
|
An employer cannot, in most states, put the assumption of the risk for a work related accident on the employee. If that were the case I would have every employee sign an employement contract releasing my law firm of all liability. Poof, no worries about on the job injuries. In California, performers have been determined to be employees and NOT independent contractors. Therefore any language in a model release that says something to the effect that the performer is assuming the risk for working without a condom will never pass muster in front of a judge. See the California Brooke Ashley HIV work comp case - she contracted HIV on set and it was determined by a judge that she was an employee and thus entitled to benefits. I cannot imagine AZ law would be much different.
Also, can you please cite for me the part of 18 USC 2257 or 28 CFR 75 that says anything about condoms ? There is nothing that I have read in either law about condoms....
Not knocking you, but can you tell us who your attorney is ? I am actually really surprised by his/her advice.