The one activity related to performances that regularly is a source of frustration for my staff is getting certificates of liability insurance from people.

This is one of those requirements common to both contracts for venues one is renting to mount a performance and contracts venues/promoters send artists requesting they provide some sort of performance.

I wrote a piece covering what liability insurance is and how to go about getting it for ArtsHacker.

Since the goal of ArtsHacker posts is to provide a relatively quick reference about topics, I didn’t really get too deeply into WHY the coverage is important.

Just a quick explanation for those who don’t want soak in more of my genius on ArtsHacker. Liability insurance,

“protects you (and the spaces in which you work) against lawsuits from the public resulting from accidents, injuries, insults etc. Note: this insurance does NOT cover you or your employees.”  (Source: National Performance Network)

People generally accept that they have to pay to use a space and equipment just like they have to pay for costumes, set pieces, props, musical equipment, etc., all these things make for a better experience. Insurance just seems like an extra unwarranted expense that doesn’t contribute to the success of the event so they resist the requirement to obtain coverage.

About 15 years ago when I first started managing a performance hall I insisted every renter carry this insurance. The first group this applied to grumbled that they were never required to carry it before, but complied. In one of the performances one of their stage hands wasn’t paying attention and lowered our rear projection screen on a row of strip lights melting a lovely long gash right across the screen.

Since that day, I have blessed my insistence that they carry the insurance because that is what paid to get the screen replaced.  Neither the renter or my department could have afforded it. Since then I have never wavered in my determination to require that every renter carry it. I have shown up before load-ins on weekends when I could be relaxing if it was necessary to play the bad guy and refuse a group entry due to lack of insurance coverage.

Fortunately, I have never run into another situation that required an insurance claim to be filed. But there have been dozens of instances where renters damaged something they elected to replace out of pocket. There have been plenty of close calls as well.

For many of the same reasons, it is becoming an increasingly common practice to require performers one has contracted in for an event to carry the insurance. They are bringing in equipment that you are not familiar with. You don’t know how well-maintained it is. They may insist that no one else touch certain equipment. While that prevents you from being blamed for breaking it, you also don’t get a chance to inspect it closely.

So what happens when a speaker stack they built falls into the audience? What happens if a singer starts swinging the microphone overhead and it flies off the cable and someone gets hit? If a sword slips out of someone’s hand during a combat scene? If the lead singer elbows someone in the face while crowd surfing? If a member of the stage crew anchors a hammock to the mechanism that releases the fire curtain in an emergency and takes a nap? (true story)

Do you as the venue want to be responsible for things you have no direct control over like poor condition of equipment and poor decision making?

Many artists’ require that the venue or promoter reciprocate and carry various types of insurance to protect against these exact same issues on their part.

Large shows usually have the liability insurance set up because they know it is going to be required. Smaller groups may not be as familiar with it and don’t carry it as a practice. There can be a lot of negotiation and conversations between all parties involved in these situations.

Occasionally we may waive the requirement for groups we contract to perform if we don’t think there will be much danger of damage. But if you are going to do that, my advice is to have a complete understanding of what the performers are going to do. Don’t just blithely assume classical musicians aren’t going to do something extreme. I have had people raise the lid and remove the music rack on a grand piano so they could set glasses of water on the strings or strike/pluck them with various objects.  (If God wanted a piano played with a claw hammer, he would have designed it that way.)