Liability Insurance vs. Liability Waivers

Enzie Shahmiri · 03-14-2003, 04:28 PM

Many of us participate in art shows, display at galleries and are present at fundraisers. We exhibit our work in all sorts of places whether it is in the mall, at rented booths or outdoor fairs. We even mail our work cross-country if we happen to be the winner in an art competition. Some of us join boards of art organizations, never really questioning what happens when things go wrong.

Organizers of art-related events, storeowners or anyone who enters into an agreement with an artist, has the artist sign a detailed liability waiver, outlining that they are not to be held liable for any damage, loss or theft or even personal injury to the artists. Fully understandable, especially once you stand on the other side of the fence and actually organize such things or sit on the board and need to make sure you protect your assets.

Quite frankly, I have been losing some sleep recently regarding the pros and cons about the purchase of high priced liability insurance. How do you protect the artist

Leslie Ficcaglia · 03-14-2003, 04:36 PM

Enzie, I was the founding chair of a local art gallery board and had to investigate insurance coverage for the gallery itself and for the work displayed in shows. I don't recall the details now but our insurance covers a minimal amount and we also make it very clear in our literature that coverage is the responsibility of the artist. That said, I don't think most of them bother to carry any special policies to protect themselves. That's fine until there's a fire.

Leslie

Lon Haverly · 05-05-2003, 12:18 PM

Enzie, you should get competitive quotes. I acquired some liability insurance for one month for $112.50, 2 milion, 1 million per occurrence. That was for a mall kiosk, however, and not a show. I asked the mall director, and they gave me a local agent who works with them a lot. That is always a good way to go. I do not know about liability as a show organizer. Usually, the public liability does not cover contract liability, such as a bond would.

Enzie Shahmiri · 05-05-2003, 03:09 PM

Hi Lon,

Thank you for the information. I have heard that certain foundations for the arts let you subscribe under their umbrella coverage. I am investigating this route next. There is so much to do and so little time, running an art organization is way more work than I had bargained for. I am already looking forward to retirement.

Actually it is a lot of fun, just this searching and all the paperwork stuff can drive a person insane, especially when time is limited and the budget is very tight. It's a challenge to find the most reasonably priced coverage possible.

Mari DeRuntz · 05-05-2003, 10:07 PM

Enzie, don't forget to ask people to volunteer their time and services. Most people feel great when they have the opportunity to give, and it looks like you're putting together a great chapter, one people would be proud to be associated with, to be an active part of.

Cynthia Daniel · 05-06-2003, 02:04 AM

Enzie,

I assume you've checked with ASOPA on this.

Enzie Shahmiri · 05-06-2003, 10:55 AM

Dear Mari and Cynthia,

I am happy to report that I have filled my board and have only two more positions that are vacant. Mari, I did just what you said, I told everyone the reason why we don't yet have insurance, the precautions we are taking to protect ourselves to a certain degree and what members have to gain by being part of such a board.

I have also contacted ASOPA again and asked for them to check into some sort of group coverage/umbrella plan. As part of a larger organization smaller upstart chapters should receive more help and support from those who went down that path before. This way organizers can devote more time to program development and recruiting of new members, which is beneficial to the the main organizations they support.