[Dixielandjazz] Hold Harmless Agreements

[David Palmquist]

I'm not a lawyer, and laws are different in our two countries, so take my 
comments as being worth exactly what you've paid for my advice - nothing.

Introducing a new, unilateral condition after the contract has been signed 
is equivalent to breaking the contract and trying to substitute another 
contract for it.  If the requirement was not made known to you at the time 
you booked the gig, I suspect you would be within your rights to refuse to 
sign it when confronted with the agreement at the time you arrived to play 
the gig.  If the other party then refused to let you play, they would be 
breaching your contract.  You would be within your rights to collect your 
fee and leave.  If they refuse to pay, then you probably could recover your 
fee through legal action.

David in Delta



At 14:09 15-12-02, Bill Gunter wrote:
>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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