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ANY contract that calls for a person to work in unsafe and hazardous conditions is unenforceable. California law regarding blood borne pathogen exposure, like it or not, apply to the adult industry. The standard "Labor Board" contract does not allow for working in unsafe conditions. On shelley lubens website there used to be(it might still be there) a 'notification' form tos send to an agency in order to break your contract. Dont let any INDUSTRY sawyer tell you that you are sutck in a contradct that calls for you to work in unsafe conditions. It is simply not true.

The brooke ashley workers comp case settled all of this last year.



The problem you have is that the contract will not call for the performer to work in a unsafe environment -- the producer will. Privity of contract is between the performer and the agent. Thus, unless the agent forces the performer to work in an unsafe environment, she cannot not unilaterally void her contract. She will still have to prove she was forced to work under unsafe conditions at a hearing.

What I will say is that if an agent forces a performer to do a scene that she opts not to complete because of her concern for her health or safety, (ie., the male talent has an obvious infection) that agent can lose that performer as well as his/her agency license if the Labor Board found the agents behavior to be egregious.

And the last time I checked Shelly Lubben was a former PW and hadnt graduated from law school. She probably shouldnt be giving legal advice since it may be considered to be practicing law without a license by the State Bar of California. So if you know Ms. Lubben personally, you may want to tell her to stick to saving souls - at least that doesnt require 7 yrs of education and bar exam.
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Michael www.AdultBizLaw.com