Can we talk Vendor Insurance?

[jwbryson1]

As I have mentioned before, my HOA has asked me to do some Santa photos at this year's HOA event. I agreed to do them for a small sitting fee, plus I can then sell CD's on the side in my discretion.

The HOA is now asking me to provide proof of general liability insurance that names the HOA as the "certificate holder" of this event. I am not an insurance attorney, but I believe what they need is proof of coverage for the HOA's potential liability in the event somebody is injured during the event. I think they also want proof of my personal liability coverage.

If I do the event for free, then I don't need to provide insurance coverage. Not sure why the distinction.

I am not really familiar with this. Has anybody dealt with this before who can shed some additional light on the issue?

Thanks.

 

[jamesbjenkins]

They're just trying to pass their liability on to you. It's standard practice. When I do large event shoots like festivals and stuff, they always want to make sure I've got my ducks in a row, so if something happens (injury, damage to property, etc.) they can refer people right to me and keep their hands clean.

Whoever you were talking to that mentioned they need to be the "certificate holder" probably didn't have any idea what they're talking about and was just regurgitating what their boss told them. I'd imagine as long as you can provide them with your general liability proof, they'll be fine.

Of course, I'm not a lawyer either, and this doesn't constitute legal advice.

 

[jwbryson1]

They're just trying to pass their liability on to you. It's standard practice. When I do large event shoots like festivals and stuff, they always want to make sure I've got my ducks in a row, so if something happens (injury, damage to property, etc.) they can refer people right to me and keep their hands clean.

Whoever you were talking to that mentioned they need to be the "certificate holder" probably didn't have any idea what they're talking about and was just regurgitating what their boss told them. I'd imagine as long as you can provide them with your general liability proof, they'll be fine.

Of course, I'm not a lawyer either, and this doesn't constitute legal advice.

Understood. The HOA manager actually emailed me a PDF of another vender that names the HOA as the "certificate holder" for the event, so that is where she gets that language from. I dunno.

Maybe I'll just do it for free to get some exposure (get it?? get it??) and then find out about the insurance requirements at a later time.

 

[sapper6fd]

Almost everything I do as a ccontractor requires me to carry liability insurance. Its just as James mentioned above, incase something happens like your camera decides to catch fire and burn the place down or it fallls off a tripod and hits someone in the head. This insurance can get expencive (while I'm not carrying the insurance as a photographer, most of my clients require I cary a minimum of $5,000,000 liability insurance). You can get it foor cheap for a one off from most companies that provide it. $1,000,000 foor a week and the cost will be around $50.00

 

[tirediron]

...Maybe I'll just do it for free to get some exposure (get it?? get it??) and then find out about the insurance requirements at a later time.

I do, but you won't. Every year I do the city's biggest (and best if I do say so myself) "Pets with Santa" shoot to raise funds for a local animal charity. Despite having signs up promoting my business, putting a business card in with every CD, etc, etc, I can tell you exactly what it's gotten me. Nada. Zero, Zip, Zilch, Sweet-fanny-adams! That said, I do it because I like the charity and want to support it, but I wouldn't mind a little fall-out.

I'm not sure why they would distinguish between paid and upaid, but all they're asking for (however they describe it) is to have their venue covered by your insurance while you're working. This should be nothing more than a call to your insurance broker.

 

[Tee]

If I remember correctly, didn't you do the exact same thing last year? Or am I still slightly hungover?

 

[MLeeK]

Every time a venue asks for them to be named on my liability I call up my insurance agent, he names them for the date in question, prints me off a page that shows my liability amounts and the venue listed. I believe he calls it a declarations page.
HOWEVER... seeing how you aren't in business with all of your insurance and all of that jazz, you might just have a bit of a problem there. Call your insurance agent and start asking him about liability. I am guessing this is an expense you haven't considered in the fee you are charging the HOA and this might just be the straw that breaks this deal. I think my insurance runs me somewhere in the range of $500, but that could be my equipment. I'd have to look at all of that crap to tell you.

 

[jwbryson1]

I've decided to do it for free to avoid this issue.

Thanks for the information.

 

[jwbryson1]

If I remember correctly, didn't you do the exact same thing last year? Or am I still slightly hungover?

Good memory. Asked to do it, but ultimately it went to somebody else. This year, it's mine.

 

[Tee]

If I remember correctly, didn't you do the exact same thing last year? Or am I still slightly hungover?

Good memory. Asked to do it, but ultimately it went to somebody else. This year, it's mine.

Ahhhh. That's right.:thumbup:

 

[KmH]

Doing it for free doesn't necessarily get you off the insurance hook.

 

[jwbryson1]

Doing it for free doesn't necessarily get you off the insurance hook.

For my HOA it does.

 

[tirediron]

So, because you're not being paid, they assume all liability? Sounds odd to me.

 

[MLeeK]

Doing it for free doesn't necessarily get you off the insurance hook.

For my HOA it does.

It gets you off having to provide insurance proof, however if something happens and it's because of one of your pieces of equipment or something you did-you're still on the hook for the liability on that.

 

[orljustin]

Doing it for free doesn't necessarily get you off the insurance hook.

Uh, yeah. Believing it does sounds like a newb move.