[Dixielandjazz] What Now?

Steve barbone barbonestreet at earthlink.net
Fri Apr 14 10:56:03 PDT 2006


Just received a contract with the following clause:

"The Artist agrees to indemnify, defend and save and hold harmless _______
its Supervisors, Officers, Employees, Volunteers and Contractors, from and
against, and to reimburse _______, its Supervisors, Officers, Employees,
Volunteers, Contractors, with respect to any and all claims, demands, causes
of action, losses, damages, liabilities, costs and expenses, including
reasonable attorneys fees, asserted against or incurred by _______, its
Supervisors, Officers, Employees, Volunteers, Contractors, arising out of,
or resulting from, or occurring in connection with, the Artist's performance
under this agreement, whether or not caused in part by the active or passive
negligence of other fault of the party indemnified hereunder."

Needless to say I am not signing off on that because it makes me responsible
for everything that might happen whether under my control or not. e.g. If
their sound crew electrocutes someone, I have to defend because it occurred
"in connection" with, the Artist's performance".

I told the venue to eliminate or modify that clause or get another band.
They said wait, they'll check with their attorney to see if they can't
modify the clause to suit me.

And then, the other day, I heard a story from a fellow bandleader that a
prospective client told him "he must be crazy if he expected to be paid to
play music." (do we wonder where a client might get that idea?)

What now? Must we insure the venues and play for free? Has anyone else
experienced either kind of BS, or just me?

Cheers,
Steve Barbone




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