School & Teen Events Beware for those doing school events...

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trafficgoo

Weight lifting Music Guy
Apr 1, 2008
4,435
40
Gilbert, AZ
www.musclemanmusic.com
I posted a story awhile back regarding an outdoor carnival event that my wife and I dj'd at for an elementary school. We ended up having sprinklers go off on our equipment even though the organizer of the event and friend of ours contacted the district twice asking them to have the sprinklers shut off prior to this event.

Thank goodness the only thing it took out was our laptop. Our other equipment, even though drenched, came out ok.

The district said that they weren't responsible for what had happened and were going to ignore our request to replace our laptop. In fact, they had their lawyers look through our contract claiming that there were loopholes in it leaving them not responsible. We'll be seeing our lawyer soon on this.

So....after 4 months of our friend battling the district (we helped raise nearly $10,000 for this carnival...the biggest ever), she finally got them to pay us for a replacement laptop. The only thing, the district made us sign and have a notorized letter stating that we could not go after them for any future events if something were to happen again.

What's sad is is they don't realize that we're moving into that district fairly soon which means our kids will be attending school there. So in other words...we won't be doing any events at all for the
school(s) that our kids will be attending or in the district for that matter. What comes around goes around I guess.

Long story short...go through those contracts again so this doesn't happen to you.
 
Okay,,,, now another way to look at this is,,,, great, they paid you for the lap top,,, cool,,, and now you wont do a gig for them, but I doubt they would hire you anyway, so now you have ended a source of income that over the how many ever years, would have made you more than the cost of the laptop....

short sighted in my eyes...

But we all run our business the way we see fit....
 
Okay,,,, now another way to look at this is,,,, great, they paid you for the lap top,,, cool,,, and now you wont do a gig for them, but I doubt they would hire you anyway, so now you have ended a source of income that over the how many ever years, would have made you more than the cost of the laptop....

short sighted in my eyes...

But we all run our business the way we see fit....

Personally, we rarely do school events anyway...I choose not to. This to me isn't a loss. This was the only event we did for them because our friend was organizing it and wanted us there.. My wife does kids parties but does them in daycares, homes etc.

What if it were my entire system that went down....thousands of dollars worth? Just like a wedding or other event...the people that sign the contract are responsible for damages.
Are you trying to tell me Chuck that you wouldn't have done the same thing? I find that hard to believe. Plus after their reaction, I wouldn't do an event for them again if they did ask.

And what's interesting is the district has this big thing that they teach kids...be responsible for your actions...nice way of showing it.
 
I won't get involved in the debate about who's responsible, but a tip I usually give to many of my customers who do outdoor events with a lappy...

Cover the keyboard with Saran Wrap (or your choice of bargain brand) -- it's cheap, you can type and see through it, and it will save yer computer in the event of something like this, or somebody spilling a drink :)
 
I would have made them pay, too. It's in my contract and they accepted those terms.

Having worked in schools for 15 years, I have seen them posture to save a dime every chance possible. Still they fear the public perception of not being community oriented.

Screw them and their upcoming events. Most districts will throw you under the bus in a moments notice. It happened to me in MY OWN district last year.
 
The only thing, the district made us sign and have a notorized letter stating that we could not go after them for any future events if something were to happen again.

A waiver of future actions in not uncommon when two parties come to an agreement to pay a specific price to settle liability without a court order. In essence it says should your mixer and speakers die tomorrow you won't sue and they can set a limit on risk. Overall is good business on their end - limiting for you.

But as others said - since you went up against them and it seems that they gave you a blanket waiver instead of a waiver from liability from the single event... You're done there.

Big concern is who signed the waiver? Was it you as your company? or was it you personally?

Since you say you're moving into the district, if you signed it personally you have LOST all protections for your kids in the case of non-criminal wrong doing in the district. I'd look over that waiver with an attorney and if its too generic reconsider moving in.

As the parent of two special needs kids with IEPs to the point I've brought legal representation - its important to hold on to ALL your cards!
 
Folks - why is the school responsible. Unless 1) they were negligent and that negligence was directly responsible for the damage, in law, they are NOT responsible...2) You can present them with a contract that makes them liable no matter what; if I were the venue, I'd run like Forest Gump...

How so you guys survive...all that cake and getting to eat it too...

This is why YOU buy insurance...
 
Steve,

The contracting party is responsible for deliberate or neglegent acts that cause damage to the equipment! Failing to turn off lawn sprinklers after being request to do so would fall into one or the other of these (deliberate or neglegent)!

So who's fault would it be.....

The DJ for.....

1. taking the job!

2. not requesting that the sprinklers be turned off (opps wait a minute he did)

3. not requiring a setup location that would be out of harms way (to me this would be the only out the school had)

Or the Schools Administration......

For not ........

1. adhering to the request to turn off the sprinkler system

2. providing a safe location for the DJ to setup in

3. using basic common sense to begin with!

My only question is how much of a reduced rate was given to this school because this was a fund raiser!

My required insurance is called LIABILITY for a reason it is the same for the school!
 
If the sprinkler details were not addressed in detail the school had no responsibility.
In order for the school to be liable for this, language would have to include details about the liability each party would hold in case of situation. Along with that a signed verification of the sprinklers being shut down for the duration by the two parties. Not claiming to be a legal beagle but this is the minimum Im sure of what would need to be gathered to have a leg to stand on. Insurance covers our gear in these situations but if written properly the other party assumes some responsibility in loss as well.
 
I take each event as they come and respond to each as needed... so in this school case, that is what I would have done,,, in another case as you asked about, I might have done things or handled them differently.... But in this case coming from the way I ran with schools I would deal with it like I said..... When I was doing schools, I had multi year dances, for I am guessing, 15 years 90% of my yearly income came from schools and I was full time,,,,, so yes, in my case, taking that stand you did, in that particular situation would be cutting my own throat...


Personally, we rarely do school events anyway...I choose not to. This to me isn't a loss. This was the only event we did for them because our friend was organizing it and wanted us there.. My wife does kids parties but does them in daycares, homes etc.

What if it were my entire system that went down....thousands of dollars worth? Just like a wedding or other event...the people that sign the contract are responsible for damages.
Are you trying to tell me Chuck that you wouldn't have done the same thing? I find that hard to believe. Plus after their reaction, I wouldn't do an event for them again if they did ask.

And what's interesting is the district has this big thing that they teach kids...be responsible for your actions...nice way of showing it.