My venue has sent an indemnity form - advice?

[Shakermaker Promotions]

Toby, you may well be providing an excellent service and by the sounds of it, you DEFINITELY deserve to be treated better than you currently are but come on mate....venues make their own rules up and if you or your DJ's don't agree with or sign their forms then you'll be out.

100% positive feedback, follow on work, repeat bookings (same thing), bending over backwards to help out and make things easier....all stuff that I did with one particular venue and what did they do?

Looked for the cheaper option even though I was not expensive whatsoever, infact £100.00 cheaper than I go out privately and the price didn't change for 4 years. I've learnt that being loyal and doing all of the above just goes out of the window mate.

[CRAZY K]

100% positive feedback, follow on work, repeat bookings (same thing), bending over backwards to help out and make things easier....all stuff that I did with one particular venue and what did they do?

Looked for the cheaper option even though I was not expensive whatsoever, infact £100.00 cheaper than I go out privately and the price didn't change for 4 years. I've learnt that being loyal and doing all of the above just goes out of the window mate.

Wise words.

There is very little loyalty in the Entertainment business ( ask a few ripped off 60s rock stars )

The indemnity is way out of order and you HAVE NO LEGAL NEED TO SIGN IT because you have the usual suspects--( hopefully )

PLI
PAT
RISK ASSESSMENT
PRO DUB

Employers Liability insurance if you "employ" other DJs under a Contract of Service --you may need to check that.

You can either tell them you have all necessary Insurances, Licences and Risk Assessments to comply with the law of this Land and your not signing it because you have nothing to fear OR run the risk of being booted out.

Incidentally the PLI Insurers would probably have a HEART ATTACK if they knew you are accepting Liability in advance and you may invalidate your own Policy by doing so.

Remember that old saying --if you have an accident never admit Liability --thats why--because the Insurers NEVER admit liability unless its an extreme case--they just make compensation payments WITHOUT ADMISSION OF LIABILITY.

I guess you could use that as a reason--

Even if under the Unfair Contract Terms Act you could claim it was unfair to impose this condition on you--you are left between a rock and a hard place trying to prove it--should I change that to your highly expensive Lawyer might have that problem as you dont know anything about that apparently .

[yourdj]

Wise words.

There is very little loyalty in the Entertainment business ( ask a few ripped off 60s rock stars )

The indemnity is way out of order and you HAVE NO LEGAL NEED TO SIGN IT because you have the usual suspects--( hopefully )

PLI
PAT
RISK ASSESSMENT
PRO DUB

Employers Liability insurance if you "employ" other DJs under a Contract of Service --you may need to check that.

You can either tell them you have all necessary Insurances, Licences and Risk Assessments to comply with the law of this Land and your not signing it because you have nothing to fear OR run the risk of being booted out.

Incidentally the PLI Insurers would probably have a HEART ATTACK if they knew you are accepting Liability in advance and you may invalidate your own Policy by doing so.

Remember that old saying --if you have an accident never admit Liability --thats why--because the Insurers NEVER admit liability unless its an extreme case--they just make compensation payments WITHOUT ADMISSION OF LIABILITY.

I guess you could use that as a reason--

Even if under the Unfair Contract Terms Act you could claim it was unfair to impose this condition on you--you are left between a rock and a hard place trying to prove it--should I change that to your highly expensive Lawyer might have that problem as you dont know anything about that apparently .

Is this thing worth the paper its written on? If not then I will sign it and leave it at that.

If it not they can get stuffed. I will offer a risk assessment and leave it at that. i have 12 million PLI and PAT so they have nothing to complain about.

[TonyB]

It is what is known in the insurance industry as a "Hold Harmless Agreement" and they are pretty common. Signing it without your insurers permission could well invalidate your PLI as a usual condition of PLI insurance is that it will not indemnify you for claims that arise due to signing an agreement/contract if liability would have not arisen if you had not signed the document.

Send it to your insurers and ask them if it is okay for you sign it. If they agree then they accept any repercussions of you signing it. Make sure you get a reply from your insurers/broker/agent in writing. If they say don't sign it, they will probably give reasons that you can then send to the venue

[CRAZY K]

It is what is known in the insurance industry as a "Hold Harmless Agreement" and they are pretty common. Signing it without your insurers permission could well invalidate your PLI as a usual condition of PLI insurance is that it will not indemnify you for claims that arise due to signing an agreement/contract if liability would have not arisen if you had not signed the document.

Send it to your insurers and ask them if it is okay for you sign it. If they agree then they accept any repercussions of you signing it. Make sure you get a reply from your insurers/broker/agent in writing. If they say don't sign it, they will probably give reasons that you can then send to the venue

I think we know what the answer will be to that Tony

Its effectively trying to make Toby liable for everything imaginable even though he has not been at fault. i.e.negligent

As you point out he could sign, then be liable for everything BUT have no Insurance to cover it--do you own a house Toby--they might be after that if anything goes wrong.

The more we discuss this the more it looks like its a bad idea.

[yourdj]

I have justchatted to a DJ at venue I am at and he said it seems OK?

but said to add this to cover my ass if someone dances the YMCA and smashes a bottle in someones face.
These days people sue for nothing so I am probably not going to risk it!

You are right my house would be the first point of call for an insurer.

DOES NOT AFFECT THE STAITURY RIGHTS OF THE
CUSTOMER TO PARTICIPATE IN ANY ACTIONS RELATING TO THE ENTETAINMENT BEING PROVIDED.

I will also contact my PLI provider. Im opting out of this and the venue as foe other reasons they are not in my good books:

She said on the phone today amongst other heated discussions relating to the percentage they are
taking (60%) which is completely out of order.

"I am sure I can find another DJ to sign it"

That says it all really. I want a better venue who knows how to treat thier entertainment or private bookings so its just me and the client.

anyone wants a new venue down south you are welcome to it!!

[funkymook]

I have justchatted to a DJ at venue I am at and he said it seems OK?

but said to add this to cover my ass if someone dances the YMCA and smashes a bottle in someones face.
These days people sue for nothing so I am probably not going to risk it!

You are right my house would be the first point of call for an insurer.

DOES NOT AFFECT THE STAITURY RIGHTS OF THE
CUSTOMER TO PARTICIPATE IN ANY ACTIONS RELATING TO THE ENTETAINMENT BEING PROVIDED.

I will also contact my PLI provider. Im opting out of this and the venue as foe other reasons they are not in my good books:

She said on the phone today amongst other heated discussions relating to the percentage they are
taking (60%) which is completely out of order.

"I am sure I can find another DJ to sign it"

That says it all really. I want a better venue who knows how to treat thier entertainment or private bookings so its just me and the client.

anyone wants a new venue down south you are welcome to it!!

Taking advice of a non legally trained (my assumption) DJ is hardly a definitive answer to what this form actually makes you liable for - and his addition regarding statuary rights seems as vague as the original you were asked to sign. But all that aside the venue seems more trouble than they are worth and I would also walk away. I'd have asked for written details of what their indemnity form means just to make them do a bit of work and highlight the fact they don't actually know themselves before telling them you weren't going to work there!

[CRAZY K]

I have justchatted to a DJ at venue I am at and he said it seems OK?

Toby, why would you take advice from a Lawyer about DJ matters?

Also why would you take advice from a DJ on Legal Matters?

The answer in both cases is--you wouldnt if you had any sense.

Glad to hear they will be getting another MUG to sign their Indemnity.

In my opinion you will be delighted to know that probably as they go lower and lower down the scale to find some DJ to sign this form they will come across people who are "men of straw" i.e have no assets whatsoever so in the event of a major claim the customer will not get paid because the DJ probably will have no EFFECTIVE PLI cover and no assets.

THEN probably the claim will go on the HOTEL

They always find someone to sue.

[Corabar Entertainment]

Quite apart from the fact that I believe you mean 'statutory' rights, I would seriously love to know what this other DJ and you think that 'disclaimer' says / does. .........















Just when was the act of parliament passed stating that customers have a legal right to participate in entertainment?..... because that's all it says! It doesn't say anything whatsoever about protecting you in any way!!!

[Vectis]

Blind leading the blind here methinks

Toby - either pay for professional advice (it's tax deductible) or walk away.