Thread: waivers vs. insurance

I am having a hard time finding a studio to teach here in Katy, TX. Not a really hard time-- I'm finding places that want to pay me a ridiculus hourly wage, when what I really want to do is just rent space...anyhow...

So, I'd like to start with having small, semi-private lessons in my home studio. Currently my private students sign a waiver, but I was wondering how much protection does that really offer me, if any.

Would my home count as a studio and require studio insurance or would I just need to get a group exercise/dance instructor insurance and perhaps change something on my homeowners policy? Or is a waiver sufficient?

You need additional insurance; ask your homeowner's insurance if you can add an umbrella policy of $2M, and make sure it covers teaching dance in your home. You may also need the instructor insurance (which you would if you were teaching in a studio). Keep the waivers. (Informed consent).

Better safe than sorry!

I'm told that waivers are pretty useless in court. I went to an event hosted by a dancer/attorney where she didn't even BOTHER with waivers, she said she knows how useless they are.

Most insurance companies require that you ALSO have waivers, though, so it's not an either/or proposition.

I'd compare a rider on your homeowners' policy to a separate policy. Fitnesspak will cover your studio up to 1000 sq feet for the same cost as your regular individual policy -- under $200 a year. myfitnessinsurance.com will also cover a small studio and the price is similar. There are discounts if you're a certified instructor (fitness, yoga, regular dance certifications, not unrecognized certs like Suhaila's.)

ETA -- you'd probably still need a homeowners' rider, though. Your regular policy won't cover running a business in your home, and if someone trips on your front steps, your studio policy won't cover that. I don't know if a rider on your homeowner's policy will cover teaching liability, though, I think it will only cover injuries on the property (slips, falls), not injuries that arise from class.

So I'm thinking you may need both? It's not a big expense, though, not as scary as it sounds.

Not an expert here, but I've also heard that waivers are useless in court. It doesn't hurt to have them, but it may not help much.

Do you think waivers are just to fool people into thinking they don't have rights or that they are signing away their rights to sue?

Or are waivers used just to prove that students understand that injury may occur and they can't come back and say that they didn't know that they were doing something that could injure themselves...

If they are useless, why would insurance co still require them...?

Originally Posted by AnnaTX

Or are waivers used just to prove that students understand that injury may occur and they can't come back and say that they didn't know that they were doing something that could injure themselves...

If they are useless, why would insurance co still require them...?

I think it's this. And I think if the insurance companies had to do the work of collecting them, filing them, etc they'd probably feel it's not worth the effort, but since they don't have to actually DO anything, why not??

I think they hope that if a case went to court, they could argue as you stated above and at least keep an award a *little* lower by saying that a student knew they were taking a risk. It certainly doesn't stop anyone from suing.

Thank y'all for the input. Its very helpful information.

On a different note, one issue with teaching in your home is zoning laws. If the city catches wind that you're teaching in your home, they'll give you a hassle over the fact that you're zoned as a private residence, which pays a lower property tax rate than a commercial property.

I'll have to check zoning and if I can run a business, I would think private lessons with one person would not be a big deal, but I'm looking at having up to 3 people in my group semi-privates, that's all my studio could accommodate.

Still, I'm hoping to find a real studio in the near future.

I am also curious if my HOA would have anything to say about it?...

Waivers are good if the student gets an injury from doing a move that she knew was risky and might cause injury. But a teacher cannot absolve herself of liability for negligence just by having a student sign a waiver - soooo, if a student gets injured they can claim that you were negligent in not showing them the proper move, etc. and then you are stuck....

All I know is that I sleep better at night knowing I have an insurance policy covering my event. I still make everyone sign waivers, but it's the insurance that makes me feel better.

I was told by a lawyer, that even though waiver's themselves don't stand up in court - a jury would lean toward your defense because the students were given a "warning" so to speak. It's sort of like the warnings at the beginning of any fitness video...

this is what i use mine for, telling students that if they have any problems they need to see a doctor, and that all physical activity comes with some risk, which will not nec be the instructors fault...
other than that, you really need insurance...

Originally Posted by AnnaTX

Or are waivers used just to prove that students understand that injury may occur and they can't come back and say that they didn't know that they were doing something that could injure themselves...

Our studio carriers full liability insurance in addition to normal business insurance and it only runs about $400/year (for 3 instructors). Even for a dance studio budget this really doesn't amount to much! As a independent contractor, teaching at various locations in addition to my main studio, carrying a liability policy is highly recommended. A friend told me that getting group fitness certification (for example from ACE or ASCM) carries liability insurance as part of the certification process. I have not looked into this personally yet.

Good luck with starting your classes!

Phaedra
Madison Multicultural Dance Center
http://www.madisonmultidance.com