List Of Tv Shows

Blame it on "Survivor." At least that's the TV show that most people point to as the originator of today's reality TV programming. And when it hit the airwaves in the summer of 2000, who knew it would not only become an instant, profitable hit for CBS, but also spawn a new category of TV shows--from "Fear Factor" to "The Apprentice" to "Who Wants to Marry A Multimillionaire" and, yes, even "Wife Swap." At the same time, reality TV has opened up a new avenue of entertainment insurance that only a few have chosen to travel because how exactly would you offset the risk of an average person jumping out of an airplane without a parachute?

"There's so much unknown associated with it [reality TV]," says Wendy Diaz, executive underwriter for Fireman's Fund in its Universal City, Calif. office. "You've got the public, so-called normal or average people, doing things they're not used to doing. Hidden cameras are the worst," she says. That's why Fireman's Fund--even though it's one of the largest entertainment underwriters in Hollywood--has taken a pass on the reality shows that are based upon outrageous stunts and scary situations, like people jumping off cliffs or running through a flaming house.

UNDERWRITING JOHN Q. PUBLIC

Unlike standard TV comedies and dramas that employ professional actors, participants in reality shows are simply unpredictable. "When you're dealing with John Q. Public and riot SAG actors, that alone presents uncertainty and risk," points out Brian Kingman, senior vice president of Aon/ Albert G. Ruben, the leading entertainment broker that places about 75 percent of the business. That fickleness is probably the trickiest part of underwriting any of the hundreds of reality shows that have exploded from Hollywood's creative minds, and are airing on the major networks--CBS, NBC, ABC, Fox--and the myriad of cable channels. Plus, the participants are contestants in the show, not employees of the production company or network, so they don't fall trader any of the employment practices policies, such as workers' comp.

In general, entertainment insurance costs account for 3 percent to 5 percent of a production's total costs as a starting point, and then escalate based upon the risk involved and the level of exposure. As Aon/Albert G. Ruben's senior vice president Paul Jones explains, a stunt-based program like "Fear Factor" would probably pay considerably more for its coverage than a dating show, such as "Who Wants to Marry My Dad?" which would fall at the lower end of the scale. Coverage for a program like "Survivor" would probably run somewhere between a dating and a stunt show. Compared with TV dramas and comedies, insurance for reality programs can run as much as 50 percent higher, but the producers are willing, and able, to pay the price.

The majority of these unscripted programs focus on adventures, marriages and dating, dangerous stunts and anything else that your imaginations can muster, or seemingly would appeal to three-year-olds who don't know any better than to put wiggly things in their mouths, and then some. And, therein lies the insurance rub. How do you evaluate all the risks, identify all the possible exposures and put controls in place so that no one gets hurt, either physically or psychologically, and slaps the production companies and networks with astronomical claims?

STRAPPING INTO A "HARNESS OF PAIN"

"Working with the producers and developers [of the shows] upfront, we can vet the concepts and talk about the risks, so we can be aware of them ahead of time," explains Jonathan Anschell, partner with White, O'Connor, Curry & Avanzado, a Los Angeles-based law firm where entertainment and media work accounts for roughly 80 percent of its client business. That's the right way to do it. He notes that just a few years ago he didn't hear from the reality show producers until a problem erupted. Indeed, for a genre that's only a few years old, it's already seen its share of claims and lawsuits, thanks to some reality producers who pushed the envelope so far that it, well, like a reality show plot, fell off a cliff. For example, ever hear of a stunt-based reality show called "Culture Shock?" No? That's because it never aired. During the filming of the pilot, one of the contestants, Jill Mouser, was injured while strapped into the "harness of pain" contraption and is suing the producers, Rocket Science Laboratories (that's really their name) and CBS for a laundry list of damages.

For a stunt-based show, what frequently happens is a producer and the creative team submit to the insurance company a list of feats they want the participants to perform. "We get the application that tells us who's involved, and the storyboard that describes the challenges and stunts, and also the caveats by the stunt people," explains Jonathan Paulsen, assistant vice president of underwriting for national programs at St. Paul Travelers, which is the largest underwriter of entertainment insurance for this market.

In general, all stunts are tested by the show's own people. Stunt professionals must have already performed any dangerous acts planned for the show and installed the necessary safeguards. "We don't want to put people in harm's way," Paulsen says. His barometer? "If my nine-year-old son thinks it's cool and would do it, and I would let him do it, then it's ok," he says. The point, of course, is he has to feel comfortable with the stunt.

Still, insurance execs tend to marvel at how stunt coordinators are able to engineer some of the most dangerous-looking feats into safe activities for people who want to do those sorts of things. Ken Wefer, owner of Loss Management Consultants Group--LMC Group, with offices in Los Angeles and New York, recalls reviewing a list of a dozen stunts for some early "Fear Factor" shows, then called "Nerves of Steel." That's the show that bills itself as "ordinary people in extraordinary situations." Indeed, one challenge involved enclosing a person in a plastic tube filled with water and clocking how long the person could stay in the tube. The stunt coordinator had worked out a procedure for the person to signal for a quick release to open up the tube's end so the encapsulated person could get air.

"We had to make sure the person would not just come shooting out of the tube onto concrete and end up breaking his neck," says Wefer. "We try to do the common sense thing for them." Since then, however, Wefer says even though some of the programs have gotten more outrageous, the producers have actually gotten better at knowing what they can and can't do and creating stunts that can he insured. "Some actually use loss control to keep their costs down," Wefer says.

"AMBUSH" SHOWS AN INSURANCE NO-NO

Except, maybe, for those hidden camera shows. From a risk perspective, so-called "ambush" shows or those based upon hidden cameras that tape people in frightening or humiliating situations seem to be the type of shows no one wants to insure. A major problem--in order to preserve the hoax, the surprise ending--"Hey, we're sorry we scared you out of your wits but wasn't this fun?"--makes it impossible to get release forms signed prior to filming. The producers have to hope the victim will give them permission to air the episode and sign waivers after they've been scared to death, or humiliated. And promise not to sue. Obviously, that doesn't always happen. "'Scare Tactics' scares me from a liability standpoint," says Wefer. "They're subjecting people to some very basic instincts. What they do to them goes beyond humiliation," he says. As Pete Moraga of the Insurance Information Network of California puts it, "What's happened is these people are suing for broken egos. They were embarrassed."

Indeed, "Scare Tactics," which airs on the Sci-Fi cable channel, is probably the worst of the best of those ambush programs and is starting its third season this fall. That's despite the fact that a woman who was the "mark" from the first episode of the first season has already filed a lawsuit against the program. The pending suit stems from a prank designed to scare the living daylights out of the woman and catch that fear on camera. Instead of going to a swanky Hollywood party, as she had been told, she was actually the target of the joke involving "aliens" attacking her two companions, who were in on it. She didn't think it was very funny and filed suit for more than $1 million against all the usual suspects, plus her (probably former) friends.

And then there's the unsuspecting couple who checked into a room at the Hard Rock Hotel in Las Vegas only to find a corpse lying in their bathtub. Unbeknownst to them, their room was decked out with hidden cameras and they were the subjects of a new MTV show called "Harassment." Its host, actor Ashton Kutcher, thought it was funny. The young couple was probably hysterically laughing when they filed a $10 million lawsuit against the hotel and MTV. The TV show, "Harassment," is no longer on the air.

Even "Candid Camera," which has been on the air for over 50 years, pulled a David Letterman-type "stupid people trick" by asking airline passengers to climb into a phony X-ray scanner at the Mojave County Airport. The passenger, Philip Zelnick, got stuck, and Candid Camera and its host, Peter Funt, got sued. The jury awarded Zelnick $300,000 for his pain and suffering, but Font is appealing. "We don't want to do them," says St. Paul Travelers' Paulsen, talking about ambush programs. "It's an invasion of privacy, and you have to ask for permission afterward." That's why hidden camera shows are so difficult to insure because they're almost impossible to place, especially if there's the mix of a gag and the mark set up to get a reaction on camera. "It's a gray area in law for underwriters, depending on the format," says Kingman of Aon/Albert G. Ruben. "They're reluctant to spend millions in court just to defend the producer to see whether or not a spycam is kosher and whether the producer has the legal right to film someone in a public place," he says. Quite simply, "if you can't insure it, the stunt won't be performed," says Justin Wineburgh, attorney with Cozen O'Connor, who practices entertainment law.

A LAND LITTERED WITH BROKEN EGOS

Even with the best protection, claims have happened and will continue to happen, but the types of claims seem to be shifting from broken bones to broken egos. Moraga, of the Insurance Information Network of California, which tracks the property/casualty industry, says the first wave of claims from earlier shows were more about people getting hurt, the old "slips and falls" types. However, within the past 18 months or so, especially with the growing popularity of hidden-camera programs, broken bone claims have shifted to what he calls the "broken ego" claims. "How do you place a value on embarrassment?" he asks. He notes that the payouts are growing for those who have been embarrassed, topping $1 million.

So where might the next risk come from? Consider the possibilities. Already, Donald Trump has asked NBC for an astronomical raise for his role in the second season of his popular "The Apprentice," from $50,000 an episode to about $18 million, based upon comparisons to the salaries earned by the "Friends" actors. According to published reports, he didn't get that hefty of a raise. But now think about it. What if the second season of the show doesn't go as well as the first. Ratings suffer and his image wanes. Might he sue NBC for negligent infliction of emotional distress? Stay tuned.

Let's Get Real

So you want to produce a reality TV show? If you do, you had better start from the beginning. That means first doing background checks and medical check-ups. All production companies and networks have potential contestants complete application forms that ask every question imaginable, from medical questions about any previous serious mental or physical illnesses, to "What is the craziest thing you have considered doing, or would do for money?" Depending on the type of show, serious contenders may be required to have medical check-ups and must pass a professional background screening.

"More and more it discourages applicants with something to hide and encourages them to be honest and truthful," explains Les Rosen, president of Employment Screening Resources. A typical background check will include a criminal check of public records, private records including a social security search and credit check, and fact checks on credentials and references. A more extensive check, such as civil litigation and federal count document searches, is probably a good idea, too. The tab could as high as $1,500 to $2,000 per applicant. Candidates are asked all sorts of questions in an interview.

Of course, sometimes facts can still fall through the cracks and an important piece of data might be missed, like with one of the earlier shows, Fox's "Who Wants to Marry a Multi-Millionaire?" A brouhaha erupted when a Web site revealed that the so-called multimillionaire. Rick Rockwell, was lucky to have a few bucks in his pocket. Rockwell, it turned out, was the subject of a restraining order by an old girlfriend and he invented much of his resume. The on-air marriage didn't last and neither did the show, which Fox immediately cancelled.

Because of the Rick Rockwell disaster, complete and extensive background checks are critical for all contestants on all reality shows.

Perhaps the most important documents the participants must sign are agreements and releases. "The language of the participant agreements and releases that they. sign, without giving away any endings, can make sure they know they're giving up claims if they want to participate," says Jonathan Anschell, partner with White. O'Connor, Curry & Avanzado, a Los Angeles-based law firm. "When you make these things clear on the front end, it can help mitigate the risk," he adds. "The single most important piece of the process is a thorough evaluation of the program and the risk it may carry, plus a full disclosure in the release document," says Anschell. "In a number of situations we've been able to avoid claims due to that process,"

COPYRIGHT 2004 Axon Group
COPYRIGHT 2004 Gale Group

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