[Dixielandjazz] Would you sign this contract
barbonestreet at earthlink.net
Fri Jun 9 06:15:58 PDT 2006
tcashwigg at aol.com wrote (polite snip)
> This is becoming the normal hold harmless agreement handed out by many
> Public event organizers held on or sponsored by any city or county
> operation. I carry a Two million dollar Liability policy that I
> simply file an also insured for them with which bypasses that hold
> harmless agreement that they want signed. At least so far. And
> since I have the policy should I need it, I would probably sign their
> stupid agreement if the money were worthwhile if not I too would pass
> on the performance.
Dear Tom & list mates:
The reason I posted the entire clause is that it is NOT the normal hold
harmless agreement one sees these days. It is much more than that.
The Indemnification clause wording makes the band an insurer of the venue
and of the event. In effect the band insures the venue even if the venue is
at fault and the band is not at fault. So if the venue, or their employees,
and/or other outside contractors (e.g. sound tech) cause an injury, the band
must defend the venue against that lawsuit and pay damages, if any.
You own liability insures you against harm caused by YOUR acts. If you
include the venue as additional insured, the venue is also insured against
liability caused by YOUR acts.
But, in the clause under discussion, if you sign it, you are more than
holding harmless, you are insuring the venue against liability caused by
THEIR acts, and/or the acts of OTHERS. I doubt that a band liability policy
will cover you, or them in that case and you end up holding the bag.
You might want to take this specific clause and run it by your insurance
company lawyer to get his opinion on whether or not they would cover the
venue for venue negligence, and in fact whether they would cover you for
venue negligence if you agree to such a clause. And, you'd be advised to get
it in writing.
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