[Dixielandjazz] Hold Harmless Agreements

[Bill Gunter]

Hi listmate, and Steve Barbone especially,

I recall Steve posting a note last year sometime regarding a gig where the 
venue manager attempted to make Steve sign a "hold harmless agreement." This 
is a contract wherein if the musician is injured on the gig and it's the 
fault of the venue, the venue will not be held liable by the musician. As I 
recall, Steve responded to the effect that he would never sign a document 
giving up his legal right to sue negligent venue operators for damages. He 
tore up the contract and cancelled the gig. I think I recalled the salient 
facts . . . is that sorta correct, Steve?

Anyway, last night I play drums in a trio with Bob Ringwald on piano and Jim 
Lenhart on bass. We were booked by a company in California to play this gig 
at the Cal-Neva Casino at Stateline, Nevada. It was an annual awards dinner 
for this particular company and they had booked the facilities of the casino 
for the gig. We (the trio) were paid well and the gig included a room for 
each musician for the night.

As we got off the elevator where the room was located in which we were to 
play, a young lady informed us that we would not be allowed to play unless 
we all had signed a "hold harmless agreement."  Of course we were floored by 
the announcement and I asked the lady if Frank Sinatra (who once owned the 
casino and performed there regularly back in the sixties) had been forced to 
sign such an agreement (laughs all around).

But then we pointed out that we knew of no such arrangement and it was not 
for us to do anything about this because we were booked by a company which 
had paid for the casino/hotel facilities - banquet room, rooms for the 
company employees (which we figured we were at that particular point) etc. 
and we told the young lady that she would have to take it up with the 
company management.

The company straightened the hotel out in the space of about 2 minutes and 
we went on and played without further incident. BUT ---

Bob and I both indicated that this was the FIRST time in 45 years of 
entertaining in venues all over the world that we had ever encounted such an 
egregious attempt to evade responsibility for whatever wrongdoings the venue 
might inflict on musicians (or, I guess, anyone in a similar position).

Any others out there (besides Steve and our little trio) have similar 
experiences to relate?

How valid would such a document be if the venue could afterward be shown to 
be totally responsible for somebody's injuries?

I'd like to find out more about the legal rights of institutions and people 
which such contracts in existance.

Respectfully submitted,

Bill "Hey, I ain't gonna sign that sonavabitch!" Gunter
jazzboard@hotmail.com





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