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Borat's Release -- Anything But Sexy Time

11/14/2006 7:33 PM PST BY TMZ STAFF

TMZ has obtained a copy of the release agreement signed by the ordinary people who appeared in the "Borat" movie, but even more significant than the release is the standard cover letter.

Two frat boys who appeared in the movie have sued the film's producers, claiming they were defrauded. They allege producers promised them that they were appearing in a Kazakhstani TV documentary that would never be shown in the U.S.

The release agreement that TMZ obtained is difficult to read, and the participant who supplied TMZ with the copy says his original is equally hard to read. Nevertheless, it is a comprehensive, standard release which basically signs away your first born.

The cover letter is interesting. It almost seems like it's written by Borat himself. It begins, "Dear Film Participant." The letter continues, "Thanks very much for your interest in appearing in our Film. We're glad that you want to appear in the film to share your views or insights with the public."

And it goes on: "Attached is our standard legal consent agreement. You'll see it explains that in addition to the chance to appear in the Film, you will get an appearance fee of $___., in return for your letting us have unrestricted rights to use your image and voice in our Film. As the agreement makes clear, you will be waiving all claims in relation to the Film."

46 COMMENTS

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16.

jennifer    

Little Johnny's gone to bed. His mommy found him on the internet when he was supposed to be doing his homework, and spanked his little behind and made him go to bed. Tsk tsk little Johnny!

2798 days ago
17.

Caroline    

yea f*** all you guys. None of you can speel. Stupid asses, I'm obviosly pissing you all off!

2798 days ago
18.

ellina    

johnny needs an anger management class to learn that deflecting never works on a consistant basis.

(By the way, you did not piss me off, so dont bother with the lame attempt at reverse psychology)

Borat is great!

2798 days ago
19.

Rachel    

I hope these frat "boys" and that is certainly what they are - boys, get exactly what they deserve: a swift kick in the ass and laughed out of court. Being ordered to pay defendant's attorney fees would be nice as well, as would punitive damages for filing a frivolous lawsuit.

Love ya Borat

2798 days ago
20.

Chris Jacobson    

With three lawsuits already in motion and two more pending, I'd say the participants were "duped" by the studio. One lawsuit I can see as a cash grab, but when there are this many, you know something is up.

Chris

2798 days ago
21.

Rachel    

yes, it is certainly the Jews fault that you're a loser with most likely no job, friends or money

2798 days ago
22.

snyggast    

Get over it.

Michael Moore did even worse, by cutting and splicing what people said in the interviews to make them look stupid, and America believed his so called documentary --Bowling for Columbine and Fahrenheit 911.

That's how Borat is going to get away with this. At least Sascha did it all by simply lowering people's guard, using his talent. No cutting and splicing there!!

2798 days ago
23.

tracyp    

If you go to TSG, you can click on their site and get to one of the "boy's" myspace website pictures. Pretty Funny

2798 days ago
24.

MikeP    

So I just read on the smoking Gun web site, quote, "lawyers defending the producers of the movie, which stars comedian Sacha Baron Cohen as a clueless, anti-Semitic journalist from Kazakhstan." So they made it a point to make this fictional character anti-semitic.
So this Jewish guy pretends to be anti-semitic and heads into the non-Jewish world to get reactions. I know, why not get a Christian or other non Jewish non-talented comedian or actor to pretend to be Jewish with anti-Christian thoughts and then go into the Jewish community to get some reactions from Jewish people? Personally, I think the Human Rights groups and the handicap society should go after this guy for portraying someone retarded.

2798 days ago
25.

Mike C.    

They signed it...Too bad!

2798 days ago
26.

Bill    

This whole thing is getting out of control. Why does it have to come to this?

2798 days ago
27.

SER    

Interesting take by coalharbourqt - a paralegal???

In Contract Law 101 we are taught that an in order for a contract to be valid, the individual must have the capacity to enter into it. A legally recognized lack of capacity is being under the influence of alcohol, and can make the contract null. The frat boys supposedly got drunk after signing, but if they can show they were already under the influence before they signed, they definitely have a case and may be able to render the contracts null and void.

2798 days ago
28.

Whatever    

Too many people are foaming at the mouth to be on tv or in a movie that they probably didn't bother to read the contracts they were given. Let this be a lesson to them and anyone else READ WHAT YOU SIGN!

2798 days ago
29.

legal_lady    

Yes SER we all know that - however that's a fairly simplistic interpretation of common law and there are other factors that come in to play, such as the fact that they didn't wake up sober the next day and immediately try to revoke the contract - they had no problem with having signed the Release until the film came out. If it was really as simple as your interpretation Girls Gone Wild would have gone out of business a LONG time ago! You have to go beyond what you learn in a textbook in class and look at the case law surrounding this issue. Ultimately a judge will have to decide.

2798 days ago
30.

arctickat    

The Frat Boys accepted the money! Thats more significant than a handshake or a signature. This shows they agreed to be compensated. If the producers paid by check, (which they most likely did) and they cashed it when they were sober after the fact, this can also seal their fate. Also, you can retract your signature from a contract within a specified grace period. Too bad none of these guys woke up feeling enough guilt and remorse to contact the agency to rescind their contract after shooting the scene. They thought nothing of it until the release which was foolish. timing is everything

I dunno about you, but is someone really that incoherent while drunk to be unaware why they are being offered money? Think about it. In the scene in the movie its not exactly like they were ready to pass out. I wouldnt say that they lacked the capacity to understand what was going on around them. They answered all of Sacha's questions. They hollered and made noise over the Pamela Tommy Lee DVD. (which seemed pretty convenient which led me to believe this was scene was staged) They were also nursing caronas in the Winnebago and seemed pretty content with it. No one stuck a funnel in their mouths

One of them seemed big, so it looked like he held his alcohol content pretty efficiently. I dont think any of these boys were falling down drunk unable to comprehend they were being taped. They are just ashamed because they look like racist a**holes. Yeah theres a sucker born every day, but youre not legally entitled to damages because you humiliated yourself. they didnt read from a script. All they did was speak their mind and act like they do every Weekend and Spring Break.

I dont know when this was filmed, but the statute of limitations on Verbal Agreements is that it is only valid if it is satisfied within 1 year. If this wasnt aired in the US within 1 year of that conversation, the producers are not bound to that agreement anymore.

2798 days ago
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