Thread: Hold harmless/class contract?

Hey all, just trying to put the finishing touches on my flyers for class, and I'm wondering...do you guys (when renting studio space) have students sign any kind of hold harmless agreement? I can't remember the last time I did, but... you never know. :)

Just looking for some feedback.

thanks!

Yasmin

I took a workshop once that was hosted by a bellydancing attorney. I commented on the lack of waivers and she laughed and said 'those are totally useless in court, there's no reason to bother.'

I've been told this by other sources, too. I do have one on my registration form, but I don't always get it from online registrants and I don't sweat too much about it.

It's FAR more important and valuable to have liability insurance. If you don't have your own, you should ask the studio for proof that you're covered by their policy (which you probably aren't unless you're a true employee, with payroll taxes and such)

I do, but as Lauren says, they won't do much for you if someone decides to sue. I use them as a backup to my liability insurance, hoping that it would at least make someone think twice about even trying to sue.

I'm not a lawyer but I worked for one for 22 years. Had him check out my wording. I have a waiver that everyone has to sign at the beginning of a new session, it includes a hold harmless agreement. I agree it may not hold up in court, but it does help to discourage frivolous lawsuits. Waivers need to be signed by my students as a condition of my rental agreement with the studio, along with adding the studio as an additional insured on my liability insurance.

My husband races cars and used to be involved in organizing races as well. Spectators all had to sign waivers though we were told that it's just a technicality. You cannot sign away the possibility of your own death or dismemberment. In the end, you can still be sued. I think it does help though to get the message across to most people to be careful though so they are worth it for that alone!

This applies to Canadian laws as I understand it. There aren't car races in HK. My husband is going into withdrawal LOL!

I know they are legally worth less than fluff, but my students actually read through my policy now... including the "if you have to be late you must warm up before hitting the dance floor" clause which is a major safety pet peeve of mine. I also verbally emphasize that each student needs to listen to their own body and be aware of limitations. witnessing one torn ligament in a friend's class was enough to drive those two clauses home, & people do listen more closely when they have to sign their name to it. My release of liability is on the bottom of my overall class policy, which I think encourages them to read the whole thing. So, my 2 cents (or so) is that it is mostly useful in keeping the students aware of *their* responsibilities in class.

Question: Why is it all fluff and useless in a court? I'm a student and have read and signed those contracts, including one for troupe that I would not sue in case of death. I thought it was hilarious but still. Given that I'd be dead, someone else who didn't sign the form would be suing for pain and suffering or whatever. In any case, I'm not sure that there are many ways one would die in a dance class unless you're shot by a maniac barging into the studio, which probably has a lot of studio owners worried now about security. If you had a heart attack or went into cardiac arrest, would you actually have a case against the studio owner? I'm not sure...But if the ceiling collapsed during a storm, that would be covered under liability insurance and you can't avoid that.

I'm always hesitant about signing away my life but I've had to do it to ride horses and rent a jet ski. I just never put any thought into the whole "agreement" to never sue since you can sue the heck out of anyone in the USA. That's how litigators make so much money.

BTW, I've never thought of suing anyone.

The waiver or hold harmless is mostly in place to make the participants in any event aware of their own responsibilities for their own safety. We each have a duty to be careful so that we don't injure ourselves and/or others, i.e., watch where you're walking, don't swim where there are warnings of undertows, don't do huge uncontrolled turns in dance class where you can knock someone down, or slam yourself into a wall, etc. Insurance companies MAY give an instructor a bad time on paying out a claim if there's no waiver in place. I think it's better to be safe than sorry. Get those waivers signed and keep them for at least 2 years, and hope you never have to use them.

that poses another question then...what kind of and how much liability insurance? I need to ask if I'm covered at the studio...

A lot of us use Venbrook Insurance Services out of Woodland Hills, California. I have the minimum coverage, which is actually pretty good. You can check out their website. Cost is a little over $200/yr. and I can add several locations as additional insureds at no extra charge. It's "mobile" insurance, which means it covers me no matter where I teach.

Neither of the two studios where I teach (one where I rent space, and the other where I'm a part-time employee) covers me under their insurance.

not only do the spaces I rent from not cover me, they require that I list them as additional insured on my liability policy (which doesn't cost me anything extra, btw- it's pretty standard & we have to do it for our retail store too) my minimum insurance is actually more than what the studios require anyway.

Usually a studio will cover you if you are an actual employee, but not if you are a contractor. Although I'm sure it varies, so asking is the best thing to do.

There's a lot of good feedback about Venbrook here: http://www.bhuz.com/forum/belly-danc...-teachers.html

I, like Donna, also opted for the $210 annual fee option.

Yes, we do include such a clause. It is not a legal life preserver, we could be sued, but it does make people (us and them) think and the insurance companies like it.

I have every student sign a liability waiver that covers all of the basic (won't hold liable, a place to list injuries) as well as refund policy (no refunds =), class card expiration policy, etc. I am careful to save every single waiver; a waiver is not complete protection, but it does show that our students gave informed consent. Also, I carry personal liability insurance to protect myself from any potential problems. While I make my living as a fitness instructor/personal trainer, so it is necessary, it is a good idea to protect ourselves as instructors.

These are all great ideas ladies, thank you. I will be researching the insurance, thanks for the links! :)