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Are you a band, PA operator or event organiser without public liability insurance?
Consider these scenarios:
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A lead singer of a band was electrocuted by a faulty microphone lead supplied by a PA operator. The singer was badly injured and sued the PA operator for medical costs and loss of potential earnings. The singer was awarded over $100,000 in damages.
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A band was sued by a venue for causing damage to the venue’s parquetry floor by dragging their equipment over it. Repair costs exceeded $30,000.
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A stage collapsed on the front row of an audience causing many injuries, some permanent. Estimated damages from ensuing lawsuits are at over $1,000,000. The event organiser was found partly liable for these claims and will have to contribute at least 50% to the final payout.
Australia has the highest rate of civil lawsuits outside of the USA and Canada. People are a lot more aware of their civil rights and do not hesitate to sue at the drop of a hat. Even if you successfully defend a lawsuit, the legal costs associated with the defence can sometimes add up to more than the initial claim itself.
What should you do to protect you and your assets against these claims?
The answer is ACTION ENTERTAINMENT & EVENT LIABILITY INSURANCE
Public liability insurance will cover your legal liability to compensate third parties for personal injury or property damage caused by an occurrence in connection with your business activities. Public liability insurance also coves the legal costs associated with the defence of these actions.
Question: But doesn’t the venue’s insurance cover me?
Answer: NO
The venue’s public liability insurance is only to cover claims against the venue, not the performer or event organiser. In some cases the venue may insist on the performer or event organiser arranging his/her own public liability insurance. We recommend that you carry your own public liability insurance at all times.
We can arrange public liability insurance for the following occupations:-
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Musicians, music groups, bands and touring performers
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One-off special events including music festivals, dance parties, under 18 discos, corporate & private functions, community festivals and events.
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Suppliers to the entertainment & event industries such as PA sound & lighting production companies, audio visual production and the like.
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Event organisers, production & event managers, choreographers etc.
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Performers, children’s entertainers such as clowns, face-painters, costume characters, magicians, children’s party hosts.
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Dance, drama & performing arts tuition
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Theatre productions (amateur and professional)
For a quotation or further information on ENTERTAINMENT & EVENTS LIABILITY INSURANCE, please contract us on 1300 655 424 or complete the application form at the bottom of this page and return it to us at:-
Action Entertainment Insurance
By fax: 02 9411 3488
By email: Ian@actioninsurance.com.au
By post: PO BOX 5282 WEST CHATSWOOD NSW 1515
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Introducing PERFORM-SURE LIABILITY INSURANCE |
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We are pleased to offer a cost-effective and user-friendly policy which we have developed to meet the needs of performers and entertainers.
PERFORM-SURE Liability Insurance is a public liability insurance policy designed to cover performers & entertainers who are booked to turn up and perform and earn less than $150,000 income per annum.
In order to offer affordable premiums, we have set up this scheme up to run for a set period of insurance being 15th July to 15th July each year. New clients can join the scheme at any time during the period of insurance, with discounted premiums applying to those clients who join the scheme after the 1st October, 1st January or 1st April.
Who can PERFORM-SURE cover?
· Soloist entertainers & musicians
· Music duos, trios and bands up to 15 members
· Children’s entertainers such as clowns, puppeteers, face-painters, costume characters
· Street theatre performers (including use of fire)
· Magicians
· Performing groups (acrobats, dance groups etc)
· Mobile DJ’s and mobile karaoke operators
· Spruikers & MC’s
· Musical Instrument & Singing Teachers
· Actors (Excluding Named Performers)
How do I qualify?
· You must be a performer who is booked to turn up and perform at a function, event, venue or party put on by someone else. We do not cover event organisers, event promoters or performers who “self-promote” their own shows (i.e. self-promoting means hiring the venue to stage your own show). Door-deal arrangements with venue owners are not considered “self-promoting” and are acceptable under this policy.
· Performing group with more than 15 Persons can still apply for a quotation by completingand returning the proposal form below
· You or your group or business must not earn more than $150,000 gross turnover per annum.
Note: If your activities fall outside of the above guidelines, we can still assist you with our ENTERTAINMENT & EVENT LIABILITY INSURANCE products. Please contact us if you are not sure.
What are the features & benefits of PERFORM-SURE liability insurance?
· The policy automatically insures the liability of all performers of the insured group or business including the liability of sub-contracted or substitute performers. Performers do not need to be named on the policy in order to be covered.
· The policy insures all performers under one policy – no individual policies required for each performer.
· Unlimited performances covered.
· Audience participation is covered provided it does not involve sporting, adventurous, dangerous, hazardous activities or involvement with fire performances.
· World Wide geographical cover (excluding USA & Canada).
· $10,000,000 sum insured.
$20,000,000 sum insured is available for an extra cost.
· Automatic extension for claims arising from loss or damage to hired or borrowed equipment/property where such loss or damage is caused by your negligence, up to a maximum sum insured of $20,000. This does not cover loss or damage to your own instruments or equipment.
Note: The above is just a summary of cover. Please refer to the policy wording for full details of coverage including the terms, conditions and exclusions which are applicable.
What is NOT COVERED by PERFORM-SURE liability insurance?
- Claims arising from Sexual Molestation or Assault.
- Claims arising from the activities of security companies or crowd control personnel.
- Claims arising from injury to PAYG employees or contractors who are deemed "workers" under the relevent States' workers compensation legislation.
- Contractual Liability - the policy will not cover liability assumed under contract or agreement (i.e. hold harmless, indemnity clauses).
- Excluding liability of sub-contractors or contractors other than contracted performers or substitute performers.
- Excluding fireworks & pyrotechnics but not fire.
- Excluding liability for loss or damage to performers own equipment – this risk can be insured under our ENTERTAINMENT EQUIPMENT INSURANCE policy.
- Excluding claims arising from injury to audience members who participate in sporting, adventurous, dangerous or hazardous type activities conducted by Insured.
- Excluding audience participation in fire activities conducted by Insured.
- Excluding Insureds acting as event organisers, event promoters or Insureds who "self promote" their own performances (i.e. Bands who hire out venues to stage their own performances. Door-deals are not considered "self-promoted").
- Excluding workshop activities activities.
Who is the Insurer?
The Policy is insured by Calliden Limited AFSL 284889 via their Authorised Representitive, Arena Underwriting Pty Ltd (ABN 26 125 869 481, AFS Licence #317617).
Calliden Limited is an Authorised Australian Insurer.
 
You can find out more about Calliden Limited and Arena Underwriting Pty Ltd by visiting their websites:
What Does Perform-Sure Cost?
Annual Premiums:-
For clients joining the scheme between 15th July and 1st October 2007 and expiring on the 15th July the following year, the premiums are:-
Solo Performer $300.00
Duo Performers $450.00
3 – 5 person groups $690.00
6 – 8 person groups $990.00
9 – 12 person groups $1,300.00
13 – 15 person groups $1,600.00
Discounted Premiums for clients joining the Policy during the master-policy period:-
For clients joining the scheme between 1st October and 31st December 2007 and expiring on 15th July the following year:
Solo Performers $250.00
Duo Performers $375.00
3 – 5 person groups $600.00
6 – 8 person groups $850.00
9 – 12 person groups $1,050.00
13 – 15 person groups $1,300.00
For clients joining the scheme between 1st January and 1st April 2008 and expiring on 15th July the same year:
Solo Performers $200.00
Duo Performers $275.00
3 – 5 person groups $450.00
6 – 8 person groups $650.00
9 – 12 person groups $800.00
13 – 15 person groups $970.00
The above quotations are based on $10 million sum insured. Please contact us if you would like quotations on $20 million sum insured.
All quotations are indicative only and subject to the information contained in your completed application form.
How Does This Policy Compare to Others Available in the Market?
When comparing your existing liability insurance policy with our PERFORM-SURE LIABILTY policy, please ask your Insurer or Broker the following questions:
Q: Do you have to pay an additional membership fee?
There is no requirement under our PERFORM-SURE policy to be a member of an association and therefore no additional membership fee applies.
Q: Does your policy include contracted performers or entertainers as Insureds?
Our Perform-Sure policy automatically includes contracted as co-Insureds whilst they are performing for the insured band or group. These contractors can be substituted at any time with other performers or entertainers, providing the total number of performers/entertainers does not exceed the numver you have insured for under your policy.
Q: Do you insure Pty Ltd companies?
Our PERFORM-SURE policy can insure Pty Ltd companies, not for profit organisations, partnerships, sole traders and private individuals. You DO NOT need an ABN to take out our policy.
Q: Does your policy exclude injury to performers?
Providing your performers are not PAYG employees, there is NO exclusion in our policy for injury to performers or entertainers. If your performers or entertainers are PAYG employees then you will need Workers Compensation Insurance to cover claims arising from injury to PAYG employees. Should you require further information on Workers Compensation Insurance, please contact our office on 1300 655 424.
Q: Does your policy offer pro-rata premiums depending on what date you join?
Yes, please refer above for the pro-rata premiums applicable based on when you join the scheme.
Q: When I need help or advice on my insurance policy, who can I talk to?
Action Insurance Brokers is a licensed Insurance Broker and our staff are qualified to give you advice on all of your insurance queries. When you contact us you will be speaking directly to the person who can attend to your query immediately.
Q: Do you deal with other insurance brokers?
Yes, we can offer our PERFORM-SURE policy on a wholesale arrangement to other insurance brokers.
How do I apply for an official quotation or cover?
To apply for cover, obtain an official quotation in writing or further information on PERFORM-SURE LIABILITY INSURANCE, please contact us on 1300 655 424 or complete the application form at the bottom of this page and return it to us with your payment of premium:-
Action Entertainment Insurance
By fax: 02 9411 3488
By email:
Katie@actioninsurance.com.au
Ian@actioninsurance.com.au
Peta@actioninsurance.com.au
By post: PO BOX 5282 WEST CHATSWOOD NSW 1515
Contacts:
Katie Robinson, Peta Allen or Ian Stack
Binder Advice Warning
In arranging this insurance policy for you, it is important that you are made aware of the following information: -
Action Insurance Brokers P/L (AFS# 225047) is a licensed insurance broker. Whilst in most cases, we act as an agent of you, our client, we have not done so in this instance.
This policy has been arranged under a "Binder" between Action Insurance Brokers and the Insurance Company. A binder is an arrangement where we, the broker, act as an agent of the insurance company and not the client. We have such arrangements to obtain the best possible cover and price on a specific type of insurance policy.
Whilst we believe our offer to arrange this insurance policy is well based, any recommendation we give you does not take into account your personal or business or specific needs or financial situation.
What are hold harmless or indemnity agreements and how can they affect my liability insurance policy?
Hold harmless or indemnity agreements (otherwise known as contractual liability) are agreements whereby you have assumed the liability of another person or business under contract. These agreements are commonly found in venue hire contracts, contracts with councils and government departments.
The affect of signing one of these agreements is that you would become responsible for claims which you would not normally be liable for under common law.
You must be careful with signing these agreements as most public liability insurance policies automatically exclude contractual liability.
If you sign one of the agreements without obtaining your Insurer's approval, your liability insurance may not cover you for claims arising from these contracts.
You should refer all hold harmless or indemnity agreements to your broker or Insurer before signing them.
What is an unauthorised foreign Insurer?
An unauthorised foreign Insurer (UFI) is an Insurer who is not licensed under the Financial Services Reform Act 2002 and is not approved by the Australian Prudential Regulatory Authority (APRA).
APRA is responsible for monitoring the financial stability of licensed Australian Insurers. Licensed Insurers must also adhere to the strict conditions of Insurance Contracts Act 1984, a key form of consumer protection legislation in respect to contracts of insurance issued in Australia.
UFI's do not have to comply with this legislation.
You should be careful in deciding whether to insure with a UFI. Inquiries should be made into their financial strength, their ability to pay claims and the various insurance laws of the country they are licensed in.
How long will it take to obtain a quotation?
Entertainment Equipment Insurance:
Most quotes can be obtained immediately over the phone or by completing the Entertainment Equipment Proposal form and faxing or emailing this to our office. Responses to faxed or email quote requests will normally take between 24 – 48 hours.
Liability Insurance:
In order to obtain the best possible quotation for you, we approach a number of Insurers. To obtain a quote on liability insurance, please complete the Entertainment & Events Liability Insurance Questionnaire and fax or email this to our office. In most cases we can respond within 48 hours but is some cases, it may take up to 7 days.
Who does ACTION ENTERTAINMENT INSURANCE act for?
We act for you – the client.
Why should I use a broker instead of dealing direct with an Insurer?
The benefit of using a broker is that we act for the client instead of acting as an agent for the Insurer. Therefore we will provide you with tailored advice on insurance products. Our advice to you is not based on how much income we earn from your insurance policies, but on what is best for you.
A broker will also assist you with submitting a claim with your Insurer, and monitoring the progress of your claim to ensure a fast & fair settlement.
What do I need to do in the event of a claim?
If the claim involves a criminal act such as theft or malicious damage, you must immediately notify the police and obtain a police report or number. You then must notify us of your claim so that we can inform your Insurer.
Most claims can be settled on receipt of your completed claim form and supporting documentation. Other claims may require the appointment of a loss adjuster by the Insurer. We will advise you at the time if an assessor has been appointed.
The supporting documentation required may include proof of ownership (i.e. purchase receipts, photos of the items, warranty cards, etc.), written replacement quotations from suppliers or retailers or written repair quotations from repairers.
In respect to liability claims, please notify us immediately when you become aware of an incident which could give rise to a claim.
Please do not delay in notifying us as a failure or delay in notifying your Insurer could have an adverse affect on your claim.
We have facilities for all types of insurances specific to the Entertainment Industry. These include:
Cancellation insurance including weather and non-appearance.
Prize indemnity
Commercial insurances for music shops, rehearsal and recording studios
Film insurances
Vehicle insurance for trucks and vans
Professional indemnity insurance for event organisers
Travel insurance for musicians and entertainers
Personal accident insurance for musicians and entertainers
Workers compensation
To obtain a quote for Entertainment Equipment Insurance, Entertainment and Events Liability Insurance, Perform-Sure Liability Insurance, Group Accident Insurance or Cancellation & Abandonment Insurance, please download and fill out the respective forms below and fax to 02 9411 3488. Any questions regarding any Entertainment Insurance please Contact Ian Stack on 1300 655 424. Entertainment Equipment Insurance Proposal Form
Entertainment & Event Liability Insurance Form
Film and Video Liability Insurance Form
Perform-Sure Proposal Form
Group Accident Proposal Form
Cancellation and Abandonment Form
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