Planners and Your Contract

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steve149

Urbane Legend
Sep 26, 2011
20,467
29,001
115
Prospect, CT
#41
The notion that you must have a contract for your liability insurance to cover you is false. While it may say that in your policy - it is essentially meaningless because the mere act of promoting and conducting a business is itself a contract with the public at large. A court would not allow an insurer to escape coverage on such a flimsy technicality. Liability is often irrespective of whether the claimant was an actual customer or even connected with any customer you have. Most claims will have nothing to do with your contract or anyone with any kind of relationship to your business.

The cheap online DJ insurance is being sold sight unseen to a lot of people who's activity does not rise to the level of a commercial business and therefore is vulnerable to a lot of fraud. With no other evidence of any business activity the contract may be necessary to show that you are not simply filing a fraudulent claim (especially around property theft, etc.) When these policies first became available the most common claim was fraudulent equipment loss.

However, if you have a claim resulting from an event and long time client you have been servicing for years - the lack of a written contract would not likley be enforceable as a denial of the claim. This is especially true if you pull an Accord certificate for the event, which as proof of insurance is an affirmation of coverage by the insurer.
In this case it probably doesn't matter .. the odds against Mix having said coverage is greater than the Pentafecta odds of the Kentuck Derby .. (183,000:1 this year if one didn't know)
 

Valerie Hicks

Moderator
Staff member
Oct 21, 2006
2,641
1,981
115
48
Eastern South Dakota
www.squareonesd.com
#42
The notion that you must have a contract for your liability insurance to cover you is false. While it may say that in your policy - it is essentially meaningless because the mere act of promoting and conducting a business is itself a contract with the public at large. A court would not allow an insurer to escape coverage on such a flimsy technicality. Liability is often irrespective of whether the claimant was an actual customer or even connected with any customer you have. Most claims will have nothing to do with your contract or anyone with any kind of relationship to your business.

The cheap online DJ insurance is being sold sight unseen to a lot of people who's activity does not rise to the level of a commercial business and therefore is vulnerable to a lot of fraud. With no other evidence of any business activity the contract may be necessary to show that you are not simply filing a fraudulent claim (especially around property theft, etc.) When these policies first became available the most common claim was fraudulent equipment loss.

However, if you have a claim resulting from an event and long time client you have been servicing for years - the lack of a written contract would not likley be enforceable as a denial of the claim. This is especially true if you pull an Accord certificate for the event, which as proof of insurance is an affirmation of coverage by the insurer.
Making assumptions of coverage is absurd. It's much easier to conduct business in a professional manner. We don't have cheap online DJ insurance, we have an agent, here in town, and do an audit and review every year.
 
Likes: ittigger

Ron

DJ Extraordinaire
Jun 14, 2011
1,726
1,293
115
45
Charleston, South Carolina
www.rcbaudio.com
#43
Well, you're assuming a lot.
I had a planner who took care of everything, including PAYING the vendors.
She even negotiated the price.

And the planner and the client are NOT one in the same.
They don't always agree, and the client doesn't always know what the planner is planning.
I have actually had 2 different clients at the exact same event. Last 4th of July; I was hired for the reception entertainment. The couple (client number one) was getting married on the beach and had a string duet for their music; but the officiant rented a battery powered speaker from me for her part... client number two.
 

DJ Bobcat

DJ Extraordinerror
Nov 8, 2014
6,122
9,200
115
Oklahoma City
#51
This board would have ~75% less activity if it weren't for Macho. His threads can get frustrating, but the reality is that there just isn't that much other activity going on it seems...
What do you mean "there just isn't that much other activity going on it seems"?... What about that SPANDEX thread?


Sent from my iPhone using Tapatalk
 
Likes: ittigger

steve149

Urbane Legend
Sep 26, 2011
20,467
29,001
115
Prospect, CT
#52
What do you mean "there just isn't that much other activity going on it seems"?... What about that SPANDEX thread?


Sent from my iPhone using Tapatalk
The thread that should have been banned by the FTC and removed from all caching locations worldwide.
 

wifedj

DJ Extraordinaire
Mar 20, 2008
567
502
95
#53
This board would have ~75% less activity if it weren't for Macho. His threads can get frustrating, but the reality is that there just isn't that much other activity going on it seems...
..and there isn't much activity in a broken commode or with a rudderless sail boat, just count your blessings.
 

Proformance

DJ Extraordinaire
Nov 6, 2006
5,582
3,036
115
#55
Making assumptions of coverage is absurd. It's much easier to conduct business in a professional manner. We don't have cheap online DJ insurance, we have an agent, here in town, and do an audit and review every year.
It's the law that matters - not assumptions about coverage. Policies are full of boiler-plate language which can often conflict with various State Laws and circumatances. The word "general" means something in general liability, and the notion that your coverage requires intermittent and specific activation to be in force would be dissallowed in many U.S. states for many circumstances cited in the policy.
 
Last edited:

EERobert

DJ Extraordinaire
Aug 11, 2013
358
536
95
Hays, Kansas, United States
#56
Proformance, you often go on about how people that "don't mix" aren't real DJs.

So, let me ask you, are you a contracts attorney? An insurance agent? An insurance lawyer? If not, (in fact this guys for everyone) no one should be heeding any advice. Talk to a lawyer before heeding anything that anyone on a message board says.

In other words, if you don't have the training and the licensing to handle this kind of work, you're not a "real lawyer".
 
Likes: ittigger

wifedj

DJ Extraordinaire
Mar 20, 2008
567
502
95
#58
NOT A LAWER said:
It's the law that matters - not assumptions about coverage. Policies are full of boiler-plate language which can often conflict with various State Laws and circumatances. The word "general" means something in general liability, and the notion that your coverage requires intermittent and specific activation to be in force would be dissallowed in many U.S. states for circumstances sighted in the policy.
Ask a lawyer, not a deejay.
 

Proformance

DJ Extraordinaire
Nov 6, 2006
5,582
3,036
115
#59
Proformance, you often go on about how people that "don't mix" aren't real DJs.

So, let me ask you, are you a contracts attorney? An insurance agent? An insurance lawyer? If not, (in fact this guys for everyone) no one should be heeding any advice. Talk to a lawyer before heeding anything that anyone on a message board says.

In other words, if you don't have the training and the licensing to handle this kind of work, you're not a "real lawyer".
Well, what you illustrate so nicely is that when people lack even the most basic business experience they don't even know what questions to ask let alone whether any given answer has merit. You don't have to be an insurance agent to know when a policy contains worthless language, nor do you need to be a lawyer to know past case law. You do however - have to stay informed about issues that concern your self-interest to know the difference between good and empty contentions.
 

EERobert

DJ Extraordinaire
Aug 11, 2013
358
536
95
Hays, Kansas, United States
#60
Well, what you illustrate so nicely is that when people lack even the most basic business experience they don't even know what questions to ask let alone whether any given answer has merit. You don't have to be an insurance agent to know when a policy contains worthless language, nor do you need to be a lawyer to know past case law. You do however - have to stay informed about issues that concern your self-interest to know the difference between good and empty contentions.
Typical response for you and one of the reasons I left this board in the first place.

You are offering bad advice. You whine about "IT people who play music", that "if you don't mix you're not a real DJ" etc. and yet you think it is okay to offer advice without training to do so.

I'm active in the entertainment industry, outside of the DJing, and when I see people asking for legal advice about contracts, etc. do you know what advice is offered? TALK TO A LAWYER.

Yes, being informed is important, and anyone should stay informed about the issues in their business, but that doesn't mean they are an expert, it doesn't mean YOU are an expert. You go to the people who a) have the training and b) are licensed by the state (in this case both lawyers and insurance agents).

What may appear or what you may think is "worthless language" doesn't mean it is.

But of course YOU are an expert in EVERYTHING and we must all bow down and acquiesce to your "expertise"