Do you have a no-play clause?

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Algren said:
I find it hard to believe that a tent collapsing caused $15k in damages. If your equipment now has a scratch on it, is it unusable?
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That depends, should every DJ have such a working knowledge of the guts of their electronics that they can safely dry out the inside? Corrosion due to water is a bad thing. While it sounds to me like quite possibly an exaggeration (I wouldn't settle for $5k if I actually had $15k in damage), I'm also well aware that the dollars add up. It isn't likely the system was a complete loss, however if I know if WE hadn't had the knowledge and ambition to get our system properly cleaned up it would have been a total loss. Even down to water on CD's will cause corrosion. We took every disc out and dried. Every light, every CD player, every amp....everything. Disassembled speakers to prevent mold. Our shop (40x60)was full of disassembled electronics. We were able to repair our crankups. That system would probably have been in the $30k range to replace back in the day, so we were pretty happy to only be out 3 sections of trussing. I also don't think everyone should/can go to that extent. There is a point where a person should claim the loss (could be labor, knowledge, etc).
 
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Valerie Hicks said:
That depends, should every DJ have such a working knowledge of the guts of their electronics that they can safely dry out the inside? Corrosion due to water is a bad thing. While it sounds to me like quite possibly an exaggeration (I wouldn't settle for $5k if I actually had $15k in damage), I'm also well aware that the dollars add up. It isn't likely the system was a complete loss, however if I know if WE hadn't had the knowledge and ambition to get our system properly cleaned up it would have been a total loss. Even down to water on CD's will cause corrosion. We took every disc out and dried. Every light, every CD player, every amp....everything. Disassembled speakers to prevent mold. Our shop (40x60)was full of disassembled electronics. We were able to repair our crankups. That system would probably have been in the $30k range to replace back in the day, so we were pretty happy to only be out 3 sections of trussing. I also don't think everyone should/can go to that extent. There is a point where a person should claim the loss (could be labor, knowledge, etc).
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I don't know all the equipment that my friend said got damaged. He mentioned a Behringer x32 console as the main item and he says it comes up but the screen is fritzed out. Not sure an LCD screen can be salvaged and not sure about getting a replacement. Were I in his shoes, I'd probably also be very wary of trying to reuse that piece and would want it replaced. Of course, that's only $2700. He also mentioned his keyboard player losing a new board. Likely the same thing with losing an LCD (I've had the same thing happen on a keyboard as well). He mentioned speakers but like you said, just pull them apart and dry everything thoroughly.
 
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Just because you CAN dry them out, doesn't mean you shouldn't be reimbursed for them being damaged.
It's like you car being in an accident.
The body shop can do a darn good job of making it LOOK as good as it did....
but it probably will never work as well as it did.
 
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Although this was my friend who got hammered and negotiating with the venue, I have to admit that if I were the venue owner, I would've told him to go pound sand. The band's contract was with the client, not the venue. So what that I told you to setup outside? You didn't complain about it and did it anyways. Yes, it was my tent that collapsed and damaged your equipment. Take it up with my insurance company. And that's not even to mention that the guy was taking my friend's word on the damage estimate without even inspecting the gear himself. And that's not even to begin discussing about why the band didn't have their own gear insured to begin with. It's amazing to me that the venue is even willing to cut a check for $5k.
 
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The venue did not want the bad rep,
cause most people will remember them as the venue with shoddy equiment and workmanship.
He's cutting a check to make it go away, as fast as possible.
 
Well you advised him to threaten the venue bad publicity, which indicates it is what you would have done. And in your first post you stated the "owner was refusing to make it right" now you argue if you were the venue you "would've told him to go pound sand". What it sounds like is your friend was under-insured (if at all ) and (if he was) does not really want to report to his insurance company the entire situation. There is some fault on both sides in my opinion but one of my favorite movie quotes... "who is more foolish? The fool or the fool who follows?" Your friend was willing to break his own contract, apparently he knew the risk and was willing to break his own contract by agreeing to the new location. It has been stated here many times a contract is not to cause arguments, but to avoid them by laying out what each side is responsible for doing. Think of it like a car accident you have insurance for that... "accidents". Once it happens you do not deal with the other person you let insurance or lawyers handle it... because it is what they do. By trying to avoid going through insurance, it seems like your friend is accepting some level of culpability. Like others have pointed out he seems to have accepted a lot less than original damage claims, which begs the question how much was really damaged, and what he should consider id what other venues does this one have connections with? JMHO
 
Ron said:
Think of it like a car accident you have insurance for that... "accidents". Once it happens you do not deal with the other person you let insurance or lawyers handle it... because it is what they do.
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I'm going to share with you what has been told to me by several Insurance Agents from different companies (State Farm and Liberty Mutual comes to mind) pertaining to Auto Accidents. If you know the other chap is at fault, you can report it to your Insurance but do not initiate a claim with them AS YET. Call the other Person's Insurance and make a claim with them. The reason being is that you would not have a claim on YOUR Account. No claims are good and you want your account to be free of them. Once you make a claim, you become a statistic. They should not hold it against you but it is there to be seen.
Would you rather have your Police Record show 3 Arrests and 3 Dismissals or No arrests, period. You of course do not have to follow what I share but remember this, sometimes your Insurance Company may not recoup every Dollar for what was paid to you, guess what then?? I have had at least 3 No Fault accidents within the past 4 Years. Everything was paid for by the other Person's Insurance. There was no Deductible for me, I got a rental car each time and each time it was not a big deal. Why do you think Venues ask DJs/Vendors for Insurance? So that they can go to their own Insurance to file a claim? I think not!!! Its only if you get stonewalled by the other Party that you need to File a Claim with Yours.
 
Ron said:
Well you advised him to threaten the venue bad publicity, which indicates it is what you would have done. And in your first post you stated the "owner was refusing to make it right" now you argue if you were the venue you "would've told him to go pound sand". What it sounds like is your friend was under-insured (if at all ) and (if he was) does not really want to report to his insurance company the entire situation. There is some fault on both sides in my opinion but one of my favorite movie quotes... "who is more foolish? The fool or the fool who follows?" Your friend was willing to break his own contract, apparently he knew the risk and was willing to break his own contract by agreeing to the new location. It has been stated here many times a contract is not to cause arguments, but to avoid them by laying out what each side is responsible for doing. Think of it like a car accident you have insurance for that... "accidents". Once it happens you do not deal with the other person you let insurance or lawyers handle it... because it is what they do. By trying to avoid going through insurance, it seems like your friend is accepting some level of culpability. Like others have pointed out he seems to have accepted a lot less than original damage claims, which begs the question how much was really damaged, and what he should consider id what other venues does this one have connections with? JMHO
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Busted. After reading this post, and thinking through it some more, I obviously gave completely one-sided advice to my friend. Looking at it more slowly and more logically, it amazes me that the venue guy would cave. While his shoddy tent setup obviously was the problem, the band should have had insurance on their gear. As for the contract, like Val mentioned, many of us likely would've done the same thing. It's just that in this case the tent failed and my friend's gear got hammered as a result.
 
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ahoustondj said:
If you know the other chap is at fault, you can report it to your Insurance but do not initiate a claim with them AS YET. Call the other Person's Insurance and make a claim with them. Its only if you get stonewalled by the other Party that you need to File a Claim with Yours.
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Except in states like Pennsylvania where it's "No Fault" insurance.

Pennsylvania is one of a dozen states (plus the District of Columbia) that uses a “no-fault” system when it comes to financial responsibility for injuries after a car accident. In a no-fault state, a driver usually turns to his or her own insurance policy to get compensation for injuries up to the personal injury protection (PIP) limit, regardless of who was at fault for the accident.
 
CT is also no-fault.
 
Ausumm said:
Except in states like Pennsylvania where it's "No Fault" insurance.

Pennsylvania is one of a dozen states (plus the District of Columbia) that uses a “no-fault” system when it comes to financial responsibility for injuries after a car accident. In a no-fault state, a driver usually turns to his or her own insurance policy to get compensation for injuries up to the personal injury protection (PIP) limit, regardless of who was at fault for the accident.
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So is Texas! However why would you want a Claim on your Accounts when it can be avoided by going straight to the other person's Insurance. I am not saying you HAVE to do so. It takes the same amount of time for phone calls etc to get things settled and repaired, fixed.
If you get injured like I did one of the times, my Lawyer handled everything. My Insurance was notified but the Claim was not with them. So about 3 Accidents later, I still have no Claims on the books with State farm, my Insurance Agency. For my Gig Vehicle and personal car, I pay only $113.00 per month combined for full coverage.
Any way, I don't think you all fully understand my point, so proceed as usual.
 
I understand completely.
But in certain cases, your insurance company will not allow you to contact the other person OR their insurance company.
Like when my son was hit by a car on his bike.
There is no way the other company would have paid for his injuries without a lawsuit.
If you can settle it without notifying your insurance company...GREAT!
I'm all for that!
Just saying it doesn't work in ALL instances.
 
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Ok last response. I DO notify MY Insurance but the Claim is not with them. Have a good evening. Gotta get ready for a weekly Gig.
 
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ahoustondj: Love my State Farm policies. Auto, home, office, liability, equipment replacement (full market replacement) up to $10K, $25K identity theft (they handle it all; I simply report it and they run with it), Medical liability, and more.

I used to have lesser coverages in all aspects mentioned above, with several concurrent carriers, however once bundled and then had coverages broadly expanded, I still saved roughly $1K a year. Now this is NY. Every state is different under the State Farm logo.
 
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