Thread: If you Teach at a Studio with no insurance, can you be held liable?

Exactly the title-can I be held liable if the mothership has no insurance? For example, a student hurts herself in class-can I be sued as an instructor?

Originally Posted by JasmineRose

Exactly the title-can I be held liable if the mothership has no insurance? For example, a student hurts herself in class-can I be sued as an instructor?

Yes, you can.

There are two parties that a student could name in a liability lawsuit: one being the studio itself (ie, claiming that the floor was too slippery and caused her to fall or twist an ankle), and the other being YOU, claiming you were teaching unsafe technique. It would be up to a judge to decide which party (or both) should pay in such a case.

I strongly recommend getting liability insurance to cover yourself.

The non-profit studio where I teach has liability insurance that covers both their physical facility and also me. I am covered even if I teach at another location, such as a private lesson in my home, a class in another studio, a hen party in someone's home, etc.

Absolutely. If your insurance is not provided by the venue, you need to have your own liability insurance if you're going to teach. IMO, teaching without it is a gamble no one should take.

I get my insurance through Venbrook Insurance Services - myfitnessinsurance.com - About Us, and it's under $200 annually. I would have it even if my venues did provide coverage (which one does), because what happens if someone sues, and you find out the venue hasn't kept up on their premiums?

You can be held liable whether the studio has insurance or not! But if the studio has insurance, and you are an employee (taxes are withheld from your pay) you should be covered by the studio's insurance.

If you're NOT an employee -- if you're paid a flat rate or percentage but are not part of the payroll -- then you're an independent contractor and their insurance probably will NOT cover you even if they have it.

That's my understanding, anyway.

Yes I think if I continue to teach, I will keep it up. In the meantime-off to find some insurance.

What if *I* had my students sign a waiver of some sort? Does that absolve *me* of responsibility, assuming I had a lawyer properly word this etc?

Originally Posted by JasmineRose

What if *I* had my students sign a waiver of some sort? Does that absolve *me* of responsibility, assuming I had a lawyer properly word this etc?

What I have always been told is that legally, a waiver is not even worth the paper it's printed on. It might make someone hesitate to actually file a suit (which I why I use them even though I have my own insurance), but once you've been sued they don't stand up at all in court.

Originally Posted by laura 2

What I have always been told is that legally, a waiver is not even worth the paper it's printed on. It might make someone hesitate to actually file a suit (which I why I use them even though I have my own insurance), but once you've been sued they don't stand up at all in court.

What Laura said. I have all students sign them, but only as a deterrent against law suits.

My insurance will cover instructors who do one-off classes at my studio (i.e. workshops), but will not cover renters. I don't have any employees, but if I did, I could add coverage for them, but my premium would rise substantially.

Nisaa

Can someone point me in the direction to find sample waivers, specifically for dance classes?
Thank you

Laura - I checked out Venbrook and it seems reasonable, I think I will go with it.
Can you tell me: In the address do I put in the studio address or my own personal one> i.e. does this cover me at that location, or covers me anywhere I teach? For example, at the studio and at my house for private classes, or someone else's house?

Originally Posted by Marianna

Laura - I checked out Venbrook and it seems reasonable, I think I will go with it.
Can you tell me: In the address do I put in the studio address or my own personal one> i.e. does this cover me at that location, or covers me anywhere I teach? For example, at the studio and at my house for private classes, or someone else's house?

Put your own in. The policy should cover you wherever, and whenever you teach.

I called a local lawyer today, and he said as long as the studio had insurance that I did not need seperate insurance, which conflicts with everything said here-I'm confused now lol. I would just hate to put myself at an unnecessary risk, so I may buy it anyway.

Originally Posted by JasmineRose

I called a local lawyer today, and he said as long as the studio had insurance that I did not need seperate insurance, which conflicts with everything said here-I'm confused now lol. I would just hate to put myself at an unnecessary risk, so I may buy it anyway.

This depends on the type of insurance the studio has and what your relationship to it is. In most cases, if you are a salaried or hourly official employee of the studio (they give you paychecks and a W-2 for your taxes int he US), then you are covered under their policy. If you rent space or are an independent contractor (again in US you get a 1099 I think), then you can be excluded from their insurance coverage. In that case, a student who tripped and fell due to a structural problem with the building would probably still be covered by the building insurance. However, if the same student injured themselves practicing a backbend in class - they could sue you, but not the studio. In that case you would generally need separate insurance.

Originally Posted by JasmineRose

I called a local lawyer today, and he said as long as the studio had insurance that I did not need seperate insurance, which conflicts with everything said here-I'm confused now lol. I would just hate to put myself at an unnecessary risk, so I may buy it anyway.

If the studio named you personally as an additional insured on their policy, then yes, their insurance covers you. But most independent studios don't work that way if you're an independent contractor - their policy would cover employees, not contractors. If you are an independent contractor, then you would need your own insurance and name the studio as an additional insured. But your policy would cover you in any place that you teach, including your own home, or a workshop at a different location, etc.

As a independent contractor myself, who rents space at a studio, my contract with the studio requires me to have my own insurance and name the studio as an additional insured. However, if the studio where you teach doesn't care, then you might still want to get yourself covered just in case. And I would still have students sign waivers - they may not hold up in some courts, but it does show a judge that the student knew what they were doing when they walked into the class.

I have the same insurance as Laura2 -- and I work for an insurance company. They couldn't compete with the price.

Originally Posted by mahsati

This depends on the type of insurance the studio has and what your relationship to it is. In most cases, if you are a salaried or hourly official employee of the studio (they give you paychecks and a W-2 for your taxes int he US), then you are covered under their policy. If you rent space or are an independent contractor (again in US you get a 1099 I think), then you can be excluded from their insurance coverage. In that case, a student who tripped and fell due to a structural problem with the building would probably still be covered by the building insurance. However, if the same student injured themselves practicing a backbend in class - they could sue you, but not the studio. In that case you would generally need separate insurance.

I agree. Some studios insure the people who teach there, others don't. I currently teach at two studios. One of them has both liability insurance for the physical space and insurance covering me as a teacher. The insurance that covers me as a teacher also covers instruction I may provide at other locations, such as my home, the home of a hen party hostess, another studio, etc. The other studio where I teach specifically does not insure me as a teacher, and in fact my rental contract with them requires me to provide my own insurance - but this studio does insure itself for physical space.

To Donna's point, I too have my students sign waivers. If someone were to sue me, I could take the waiver with me to the courtroom to demonstrate that I disclosed to the student that exercise has risks and I expected them to be responsible for themselves. A judge could still rule against me, but at least it would be a piece of evidence that could help my case. Some insurance companies actually do require the people they are insuring to require students to sign waivers for this reason.

Originally Posted by JasmineRose

I called a local lawyer today, and he said as long as the studio had insurance that I did not need seperate insurance, which conflicts with everything said here-I'm confused now lol. I would just hate to put myself at an unnecessary risk, so I may buy it anyway.

Did you make it clear to the lawyer that you're an independent contractor? S/he probably would automatically assume you're an employee, not knowing that we don't usually work that way.

Originally Posted by Lauren_

Did you make it clear to the lawyer that you're an independent contractor? S/he probably would automatically assume you're an employee, not knowing that we don't usually work that way.

Yes I think that is what happened, now that I think back over the conversation.

If the studio doesn't have insurance - you would not be covered for an injury to yourself caused by their negligence

"Can someone point me in the direction to find sample waivers, specifically for dance classes?
Thank you" - written on 10-23.

No one can help me out? Or is it top secret? You guys posted/emailed sample contracts to each other before, so I thought someone would be kind enough to share...
Sometimes I feel like that girl who said she felt like she was either a thread-killer or ignored...

Sorry, Marianna, I didn't respond because I don't know where to find a sample waiver specifically for dance class. I don't use waivers, I've been told -- by attorneys -- that they serve no legal purpose.

Originally Posted by Marianna

"Can someone point me in the direction to find sample waivers, specifically for dance classes?
Thank you" - written on 10-23.

No one can help me out? Or is it top secret? You guys posted/emailed sample contracts to each other before, so I thought someone would be kind enough to share...
Sometimes I feel like that girl who said she felt like she was either a thread-killer or ignored...

Marianna,
The best I can do is e-mail you a copy of my own waiver, which is specific to my state and to my own business needs. Please e-mail me at nisaa AT bellydancewithnisaa DOT com if you'd like me to send it to you. I would still strongly recommend consulting with a lawyer to get a waiver that is tailored to your specific needs.

And by the way, I wasn't ignoring you. Checking Bhuz threads isn't my #1 priority. I wish everyone wouldn't take it so damn personally if everybody can't instantaneously respond to his/her needs.

Nisaa

Originally Posted by Marianna

"Can someone point me in the direction to find sample waivers, specifically for dance classes?
Thank you" - written on 10-23.

No one can help me out? Or is it top secret? You guys posted/emailed sample contracts to each other before, so I thought someone would be kind enough to share...
Sometimes I feel like that girl who said she felt like she was either a thread-killer or ignored...

Sorry, Marianna, when you originally posted that I didn't have the computer turned on that has my registration form on it, and I assumed that someone else might jump in to share theirs.

Here's mine...

I acknowledge that belly dancing is an exercise class and I understand that before starting any new physical activity, it is recommended that I check with my doctor. I am responsible for my own well being, and will not hold <studio name> or <my name> liable for any injury or loss incurred from attending belly dance classes. I take responsibility for remaining aware of my own body issues such as illness, prior surgeries, or prior injuries and ensuring that I don’t attempt any moves that may cause further harm.

I hope this helps!

I agree with Shira that regardless of whether or not they hold up in court, having a signed waiver would indicate that you've done your part by informing the student of the risks involved in dancing and the responsibility of the student with respect to that risk. This is my waiver, as adapted (my name, type of dance taught, etc.) from my trainer insurance company's recommended waiver for dance instructors. They suggest that students should be required to sign this for every workshop or class session (for example a series of lessons).

AGREEMENT OF RELEASE AND WAIVER OF LIABILITY

I, _____________________________________, hereby agree to the following:

1. That I am participating in the Arabic Raqs Sharqi, also known as Belly Dance Workshops offered by Leyla Lanty also known as Lois M. White during which I will receive information and instruction about Arabic Raqs Sharqi, also known as Belly Dance. I recognize that this dance form requires physical exertion that may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved.

2. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Arabic Raqs Sharqi, also known as Belly Dance Workshops. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in the Arabic Raqs Sharqi, also known as Belly Dance, Workshops.

3. In consideration of being permitted to participate in Arabic Raqs Sharqi, also known as Belly Dance, Workshops, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the program.

4. In further consideration of being permitted to participate in Arabic Raqs Sharqi, also known as Belly Dance, Workshops, I knowingly, voluntarily and expressly waive any claim I may have against Leyla Lanty, also known as Lois M. White, for injury or damages that I may sustain as a result of participating in the program.

5. I, my heirs or legal representatives forever release waive, discharge and covenant not to sue Leyla Lanty, also known as Lois M. White, for any injury or death caused by their negligence or other acts.

I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.

__________________________________________________ __________________
DATE SIGNATURE OF PARTICIPANT

If participant is under 18:

AS LEGAL GUARDIAN OF ________________________________________, I CONSENT TO THE ABOVE TERMS AND CONDITIONS.

DATE SIGNATURE OF PARENTS/GUARDIAN OF PARTICIPANT
WITNESSED BY: __________________________________________________ ___________________

Originally Posted by nisaasaintlouis

And by the way, I wasn't ignoring you. Checking Bhuz threads isn't my #1 priority. I wish everyone wouldn't take it so damn personally if everybody can't instantaneously respond to his/her needs.
Nisaa

Word. I would have posted mine had I seen your latest post, but I was away at a workshop weekend Friday - Saturday. Bhuz is usually less busy on the weekends, presumably as that is when people have gigs or workshops, or are just spending time with their families off the computer.

That said, here's what I use:

I understand that Middle Eastern Dance is a strenuous activity. I understand I should check with my doctor before engaging in strenuous activity.

By signing below, you hereby acknowledge the following: You are participating in this class at your own risk and agree to take full responsibility for your own body and welfare. You will not hold Galatea Middle Eastern Dance or the owners of this facility responsible or liable for any injuries or loss sustained from taking this class. Movements, stretches, dancing, and technique derived from this learning experience, including participation outside of class, are at your own risk. As always, seek the advice of a medical expert before participating in this particular activity, at home, in class, or otherwise to ensure your own safety and health. This waiver applies to any and all classes, workshops or seminars in public and private venues conducted by Galatea Middle Eastern Dance.


Student Signature

______________________________________________


Instructor Signature

______________________________________________


Date

______________________________

Thank you ladies - I appreciate it!
Yes, I will seek legal advice, but this will start me off...
and Nisaa, I don't take things "damn personally just because people don't respond to my needs right away" - it just looked like everyone went right through my post. that's all.
But thanks anyways!!!!