Need some input on this. We are playing an outdoor event this summer opening for a larger act. The host is a Chamber of Commerce, it's a big 3 day Independence Day celebration. They are requiring that we carry liability insurance. We are a band that plays 30 gigs a year max, and we do not carry insurance as a band. Is this common?
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How common it is depends upon what types of venues, performances, and clients you work with and how often.
With private event, community, formal event clients, etc., it is not unusual to be required to have liability. I used to do a lot of that kind of performance work in the ski resorts of Colorado, and I was often asked to show proof of sufficient performance liability and vehicle insurance.
I use RV Nuccio & Associates in Toluca Lake, California www.rvnuccio.com They specialize in this type of insurance.
With private event, community, formal event clients, etc., it is not unusual to be required to have liability. I used to do a lot of that kind of performance work in the ski resorts of Colorado, and I was often asked to show proof of sufficient performance liability and vehicle insurance.
I use RV Nuccio & Associates in Toluca Lake, California www.rvnuccio.com They specialize in this type of insurance.
As someone who has been involved in both organizing and working at several benefit/charity events, I can tell you without a doubt that the event organizer is responsible for providing liability insurance. Is your band the event organizer? It would appear not since you mentioned the chamber of commerce is the host. If your band is just one of the entertainers, you should not be required to carry liability insurance. So, I suspect one of two things is going on:
1. Someone has their wires crossed. Recheck with event organizer to find out why they think you need liability insurance.
2. The organizer is trying to pass costs to event vendors/entertainers, so, they don't have to buy insurance. They can't really do this, but some people aren't too bright.
1. Someone has their wires crossed. Recheck with event organizer to find out why they think you need liability insurance.
2. The organizer is trying to pass costs to event vendors/entertainers, so, they don't have to buy insurance. They can't really do this, but some people aren't too bright.
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They are transferring the risk to you if you do something to cause a lawsuit to where you are liable. They probably have insurance as well but at a cheaper rate for obtaining certificates of insurance from sub contractors ( you the band) instead of uninsured subs.
event organizer carries the liability insurance. End of story.
Event organizers do carry the insurance but it's not the end of story for the reasons I gave above.
I've only had that come up once from one venue (a bar/restaurant) and they insisted we have liabilty insurance if we were to have any alcohol (even if we paid full price for it)... needless to say we don't play there often anymore (and when we do we just bring our own if we want some) not that we are drunks just seemed a bizarre and passive aggressive way to keep bands from drinking ...
Generally speaking, it is a good idea to carry liability insurance regardless of whether an event organizer wants it or not. We live (at least in the U.S.A.) in a very litigious society and people will sue for almost anything (e.g., McDonald's coffee was served hot and injured someone).
Moreover, liability insurance is also rather inexpensive. It will cover you for almost anything except gross negligence or willful misconduct.
Many small businesses don't think they need liability insurance since they don't have much or anything to sue for. However, depending on the jurisdiction, a court of competent jurisdiction can place liens in future earnings, retirement accounts, and the like.
If I were in the OP's shoes, I would talk to an insurance broker who specializes in small business insurance before dismissing the carrying of liability insurance out of hand.
Moreover, liability insurance is also rather inexpensive. It will cover you for almost anything except gross negligence or willful misconduct.
Many small businesses don't think they need liability insurance since they don't have much or anything to sue for. However, depending on the jurisdiction, a court of competent jurisdiction can place liens in future earnings, retirement accounts, and the like.
If I were in the OP's shoes, I would talk to an insurance broker who specializes in small business insurance before dismissing the carrying of liability insurance out of hand.
I used to do some consulting. One of my clients wanted to sue me (no real grounds but could have been costly). When they learned I didn't have insurance, they dropped it. Having insurance can provide the deep paockets that lead to a law suit. I can't think of a situation where a small time band (no insult intended) should have laibility insurance.
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I have been playing gigs including outdoor festivals, casinos and other large venues since 1978 and have never been asked to carry liability insurance.
My wife is a defense attorney specializing in accident liability. 38 years experience, long-time partner in the best firms in my area.
First, the presence or absence of insurance is not going to make you more or less of a target for a lawsuit. If you are a turnip with no material assets, then maybe you will get off the hook. But if you have material assets and decent income, and you can be even loosely connected to the claim of damage or injury, you can and probably will be named in any resulting lawsuit even if you don't have insurance.
Second, anyone in the vicinity of the accident who is in a position of authority, responsibility, or expertise can be named in a liability lawsuit even if they are only loosely connected to the accident. My wife has defended people who had absolutely nothing to do with the claim except they were a professional vendor in the area. In other words, if a guest gets hurt at the venue where you are performing, the injured person can name the venue and any vendors even remotely connected to the accident. There are few limits on who can be named in these kind of suits, and it then becomes your burden to prove you are not liable. If it directly involves your personnel or equipment, you will most certainly be named. Again, presence or absence of insurance has little to do with it, and your actual level of involvement in the accident itself has little to do with it. We live in a litigious society that has encouraged and supports this kind of lawsuit.
Finally, some venues ask that all vendors be insured for the exact reasons outlined above; to defray responsibility and liability. The more vendors who are insured, the less burden on the venue when an accident happens. For example, one of your light fixtures or a main speaker falls and injures a guest. Why should the venue be solely responsible? They shouldn't, and they have every right to expect other vendors to have some kind of liability coverage. I am also concerned about my band members being named in a suit if a guest got injured, even if my band mates had nothing to do with it. New Year's Eve we had a guest fall on the carpeted dance floor right in front of us. I think she got too close to a mic stand and tripped. Another guest further away tripped and fell, probably because of the carpeted surface (despite my warnings to the venue manager of the likelihood). Fortunately, they were both okay, but if they had been injured the venue and my entire band, individually, could have been named in any resulting lawsuit.
Beyond coverage limits, insurance companies usually also cover attorney fees and costs to defend you when you are named in a liability suit.
Professional liability coverage of up to $2,000,000.00 cost me only around $250.00 annually. Small price for me considering the fees I charge my clients. You can take a dump on insurance if you want, but being uninsured or under-insured frequently ruins lives, and that's a fact. Long-term injuries, pain and suffering, and lost earnings are no joke and quickly add up to enormous settlement amounts. People often get cleaned out and have to declare bankruptcy over it. I went without professional entertainment insurance for a long time, especially at the club/bar level, but for private/corporate/community/formal events, it's better to have it and not need it than need it and not have it.
If this is a one-off for OP, it's a personal decision he and his mates need to make, and I'd understand if they passed on the gig.
First, the presence or absence of insurance is not going to make you more or less of a target for a lawsuit. If you are a turnip with no material assets, then maybe you will get off the hook. But if you have material assets and decent income, and you can be even loosely connected to the claim of damage or injury, you can and probably will be named in any resulting lawsuit even if you don't have insurance.
Second, anyone in the vicinity of the accident who is in a position of authority, responsibility, or expertise can be named in a liability lawsuit even if they are only loosely connected to the accident. My wife has defended people who had absolutely nothing to do with the claim except they were a professional vendor in the area. In other words, if a guest gets hurt at the venue where you are performing, the injured person can name the venue and any vendors even remotely connected to the accident. There are few limits on who can be named in these kind of suits, and it then becomes your burden to prove you are not liable. If it directly involves your personnel or equipment, you will most certainly be named. Again, presence or absence of insurance has little to do with it, and your actual level of involvement in the accident itself has little to do with it. We live in a litigious society that has encouraged and supports this kind of lawsuit.
Finally, some venues ask that all vendors be insured for the exact reasons outlined above; to defray responsibility and liability. The more vendors who are insured, the less burden on the venue when an accident happens. For example, one of your light fixtures or a main speaker falls and injures a guest. Why should the venue be solely responsible? They shouldn't, and they have every right to expect other vendors to have some kind of liability coverage. I am also concerned about my band members being named in a suit if a guest got injured, even if my band mates had nothing to do with it. New Year's Eve we had a guest fall on the carpeted dance floor right in front of us. I think she got too close to a mic stand and tripped. Another guest further away tripped and fell, probably because of the carpeted surface (despite my warnings to the venue manager of the likelihood). Fortunately, they were both okay, but if they had been injured the venue and my entire band, individually, could have been named in any resulting lawsuit.
Beyond coverage limits, insurance companies usually also cover attorney fees and costs to defend you when you are named in a liability suit.
Professional liability coverage of up to $2,000,000.00 cost me only around $250.00 annually. Small price for me considering the fees I charge my clients. You can take a dump on insurance if you want, but being uninsured or under-insured frequently ruins lives, and that's a fact. Long-term injuries, pain and suffering, and lost earnings are no joke and quickly add up to enormous settlement amounts. People often get cleaned out and have to declare bankruptcy over it. I went without professional entertainment insurance for a long time, especially at the club/bar level, but for private/corporate/community/formal events, it's better to have it and not need it than need it and not have it.
If this is a one-off for OP, it's a personal decision he and his mates need to make, and I'd understand if they passed on the gig.
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A lot of insurance carriers that provide event insurance specifically state the policy will not cover vendors thus probably the reason being asked for it. Coverage may state spectator coverage or general grounds coverage but not the food tent poisoning people or the drummer throwing his sticks out at the audience poking ones eye out. A good attorney will go after as many people as possible that's involved including the organizer with coverage that doesn't cover what their being sued for but in the end the insurance company may be ordered to pay regardless, and the reason the question is asked by the carrier to the insured that they will require certificates of insurance from vendors.
OK, a couple of things apear to be being lost in the shuffle here. Who are they going to sue? The band? is the band a legal entity? I doubt it. So the attorney is going to invetigate to find the proper name and address of each member of the band. Hope they are residents in the same state so there are no juristictional issues and implead them while working on a contingency bassis? I don't think so.
I get a day-of event policy from www.theeventhelper.com They are cheap, particularly if you have a small number of people in attendance. I did have one client in five years refuse to book us because we did not have a permanent insurance policy, but I think it was the venue trying to steer them to one of their preferred vendors rather than us. They told the venue (which is always the entity requiring insurance) that we had a day-of event policy, and the venue used that to exclude us from being the vendor at the wedding. But for all other clients and venues it's worked our very well. You can get a policy between $75 to $165 for one day, in my state, for my type of music (jazz). You can get a quote right now through their automated system if you want, at the link above.
Another alternative is to see if someone with an insurance policy (like the bride) can name you on their policy, or the event organizer's policy. Pay them something small for that privilege and pass the cost onto the client.
Another alternative is to see if someone with an insurance policy (like the bride) can name you on their policy, or the event organizer's policy. Pay them something small for that privilege and pass the cost onto the client.
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