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Performance Contract Question…

Bonecat

Bonecat

Supporting Member
Oct 22, 2005
1,189
2,169
Michigan
#1
A question for those of you using performance contracts for band gigs:

Does your contract include a general indemnification/hold harmless clause? If so, how broadly is it written? These kinds of provisions are common in other forms of contract for services situations, but perhaps less so in others. We’re starting to get larger gigs and we’d like to make sure we’re protected from the random litigious bozos, but also don’t want to scare off clients.

And a related question: Does your band, or members of your band, carry any general liability coverage?

Thanks!

P
 
#2
I have my own Performer Liability Policy. The beauty of it is that I can perform with my main act or others, I'm still covered. I get asked for it about 10% of the time and mostly from Hotels & some Restaurants.

I don't have the "hold harmless' clause in my contracts. Most are Performance Agreements anyway that simply say we'll play from the hours agreed upon for the stated amount. The insurer could guide you most likely with the wordese required.

PM me here for details.
 
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#3
My contract says we’re not responsible for situations out of our unreasonable control, and says our total liability is equal to the amount of the gig fee. And, we do have liability insurance. You can get it from K&K online. They are currently brokering coverage underwritten by Markel Insurance out of Virginia. I’ve used K&K for at least 5 years now. Easy to work with.
 
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#4
When I worked with an event band, the hotels required the agents we worked with carry liability insurance that extended to all subcontractors, be it musicians or magicians.

Had we booked these jobs on our own, we would've had to carry liability insurance.

General indemnification/hold harmless clauses are a good idea. They can't stop a lawsuit, but they can be used to help recover legal fees after a no bill civil judgement.
 
#5
What are you folks paying for band liability insurance? My seven piece band does maybe 20-30 gigs a year, bars, hotel ballrooms, public streets, private homes, and we pay about $550 a year.
 
#6
An indemnification clause would be good for the band. But the venue/promoter would see it as a negative and it comes down to how much you want the gig and how much they want you. As your band grows in demand you can put in bigger asks (such as no brown M&M's). Only way to know is to put it in and see how the venues react.
 
#7
One of my bands uses contracts and we have language like that. We're in Canada though, and surely it would be jurisdiction-specific? The contract gigs are not bars though, only for private gigs.

The section reads:

Indemnification
The Band is responsible and accountable only for its own conduct. ...client... hereby indemnifies and holds The Band harmless for any and all personal injury, property damage or claims thereof as a result of or in relation to The Band's Performance that is not directly caused by The Band or it's agents. In the event that ...client... guests, agents or employees' conduct results in damages to The Band's equipment or resources, The Band shall be compensated by the ...client...​

We've never had a complaint about it and everyone has signed it. :D
 

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