Quote Originally Posted by DazzyD View Post
I'm not too sure how you can make the client liable for the behaviour of staff at the venue. I think this responsibility lies solely with the venue management.

As for para 4.3, I'd be inclined to see where the client is coming from. I can see how you can hold the client liable for repair/replacement/compensation for damage caused by the negligence of themselves or their guests, but I'm not sure how you'd enforce this if something was stolen by an opportunist thief who is not a guest of the client or something is damaged by a staff member or someone else working at the venue (another service provider, perhaps). For example, what if there's a fault with the venue's fire sprinkler system and it goes off by mistake causing damage to your equipment? Surely, you couldn't hold the client responsible for this but this is what your T&Cs are saying (with the wording "theft, damage or other risks").

I'm not saying that your T&Cs are wrong or anything. I'm just trying to see things from the client's point of view. People tend to view contracts with suspicion and think they're just a way for you to "get" them. How many times have you heard someone say they're signing their lives away when signing a contract?i

Because of my belief that a contract should be two-sided (ie mutually beneficially to me and the client) , this is the way I've drawn up the T&Cs that we use and we've never had a problem with them. But, if a client did have concerns over a particular condition, I'd first make it clear why that condition is there and, if the client doesn't accept this then I'd consider seeing if we can find some compromise to secure the gig. However, there are some terms that I simply wouldn't budge on and, if these ever became an issue with the client, then I'd have to walk away from the gig. It's as simple as that.
I totally agree Dazzy, I want a compromise as I hold the same view as you, a contracted agreement should be one both parties are comfortable with. I think your point about opportunist thieves was where they were coming from (although this is reputable venue, and out in the sticks, so the chances are slim)

I wonder if there is more effective wording I can use in the future...