View Full Version : liability waivers


palomar93
03-15-2011, 10:27 AM
Hi there, I do not have insurance yet but I heard that I could use a liability wavier for now until I get insurance for face painting and glitter tattooing. Is this true? I have looked on line and can't find a liability form strictly for face painters. I have found them for fighting swimming and gymnastics, etc. Can anybody post a good site for free general or specific face painter forms? If you have a site that charges then I will take that too. Thanks, Pat. If you have any advice or whatever for insurance or just firsthand knowledge that you encountered please, I'm all ears!! Thanks, p.:birthday:

Pinkie Bee
03-15-2011, 11:42 AM
I'm assuming a liability waiver wouldnt quite work in our situation. Last party I painted I nver saw the parents of the kids dropped off and unless you get a parent signature for EVERY kid its useless. could be wrong though just a clown and not an attorney

Jitterbug
03-15-2011, 02:17 PM
Personally, I don't know any facepainters that have liability insurance. Just post a disclaimer where you paint and put it in an acryllic frame that says "We use all hypoallergetic face paints, and clean brushes for every session. We are not responsible for any problems, break-outs or reactions to any paints we use. Get painted at your own risk." That should cover everything, but I've never had any complaints in 10 years. Just make sure you're using the best possible paints so you DON'T have reactions. I've only had one girl in all those years have a reaction--I think it was to the coconut oil in my paradise paints. She was fine with it.

saphireSue
03-15-2011, 04:38 PM
I've never had a problem, but I do carry Specialty insurance. Not just for your protection but, This is can be a good selling [promoting] point. It's is why I have the festivals I do because I carry insurance. The city keeps a copy of mine on record so they now consider me "the primary" for events. [or at least that's what they tell me.]

tim
03-15-2011, 08:53 PM
Entertainers' insurance is fairly cheap. Look at it as an investment.

I would almost see a liability waiver as something which would raise people's concerns unnecessarily.

Fitzwilly
03-16-2011, 12:32 PM
Specialty Insurance Agency - Entertainer Insurance (http://www.specialtyinsuranceagency.com/)

This is a good, trustworthy company with a good policy for clowns, face painters, balloon artists and other performers. I have used them for years and highly recommend them.

Dan

palomar93
03-18-2011, 09:54 AM
Hi there, thanks for your info. I checked the website you gave me on insurance. However I am not able to afford the initial investment of $200 yet. I was hoping to use the income from my first gigs to pay for this insurance. I was also hoping to use the forms in place of insurance until I had enough money. I think I will go the route of posting a sign in an acrylic stand as mentioned above and explain to the customer of the event that insurance is pending and I will show my sign. If you have any more advice please let me know. Oh, I have seen fellow facepainters share a contract on the website. If anyone knows where I could get sent a copy please do so if you don't mind. Thanks again, Pat.:birthday:

tim
03-18-2011, 12:07 PM
My advice is that you'd be better off saying nothing than something, unless necessitated.

Jitterbug
03-19-2011, 09:44 PM
Yes, I have heard that too Tim. I don't personally post anything, but thought if she really wanted something, that would work...

saphireSue
03-21-2011, 06:18 PM
Got my renewal today, price has gone up to 215, but she did list several of the claims that they had this past year and one of them sounded like the one Netti Belle told us about.

SCOOP
03-21-2011, 06:59 PM
My advice is that you'd be better off saying nothing than something, unless necessitated.

to touch on this did you know that by having a beware of dog sign does not get you off the hook if your dog bites some one it is actually an admission of guilt that your dog is dangerous

so if you feel you have to post something my guess would be something along the lines of i follow the strict manufacture instructions and warnings for the products i use so if something bad happens

sue them

StuartPid
03-22-2011, 08:45 AM
If you are using good paints you should have to worry about it. But there is always going to be that parent who is pissed off they have to stand in line for 10 minutes and may decide to sue you for the smallest little thing... better to be covered. It can be very expensive to go to court just to prove you did nothing and owe them not one penny.

MattyBFunnie
03-24-2011, 12:01 PM
I view waivers as being useless. With a waiver, you can still lose everything. Insurance is the only way to go. Its only about $200 a year, and it TOTALLY worth it.

SCOOP
03-26-2011, 01:55 AM
i do plan on getting the insurance this year but honestly if i was to get sued what they going to do squeeze blood from a turnip

Toby KID
03-26-2011, 08:51 AM
If you cause damage or harm a posted sign will not negate your liability. Say you have a swimming pool, for safety you post a sign 'enter at your own risk'. You still have to have practiced or present a reasonable effort to create safety, fence, locks, reaching pole, safety rope, life jackets or ring bouys and a posted list of all safety rules and emergency first aid. All these items are required by law at any pool in Iowa (supposedly even private). Anyone drown in your pool and just one of these items is not in proper place; you will be sued and you will loose and you will be paying!!!! This will sound a bit harsh, but if you are performing and don't respect yourself or your customers enought to carry liability insurance you are a Super YaMa. It's $250. How long did you own your car before you got liability insureance? How long have you owned your home without liability insurance?

SCOOP
03-26-2011, 11:58 PM
yeah kind of harsh the blood from a turnip was a joke and i don't own a home or a car so the joke now means more then it did before

i have heard lots of good things about you Toby kid but all i see here is you coming down as pompous and arrogant you don't explain things you just state your opinion as if you think it's fact and there is no discussion or should be any in your mind you word is final

so i heard the insurance most get from coai and wca will cover up to 2 million however if that money has already been used up your SOL as if you didn't have insurance in the first place

Toby KID
03-27-2011, 12:39 PM
Since you don't have anything Scoop I guess being sued isn't a concern. However, insurance is also for the protection of your audience. As well, it is the obligation of the performer to maintain the safety of the audience (like a swimming pool owner. see above post). The statistical improbability of harming a show participant is low. That's how insurance is priced by actuarians. But there is always the what-ifs. How would you feel if you poked a kid in the eye and then was unable to supply the needed medical attention to preserve the kids vision? Argueing that the COAI insurance may not have a big enough bank to cover your claims is fine. There are many other insurance plans out there that are able to cover you or our fellow entertainers. Your accusation that I'm pompous becuase I don't explain yet I offer the swimming pool example. Or is it that you are uncomfortable with adding definition for the Super YaMa category? Someone who drives a 120 mph on the interstate is a reckless driver. Some one who drive 120 mph on the race track is a race car driver. A racecar driver doing 125 mph on the highway is reckless and stupid. I can usually decipher the difference between my opinion and fact. What facts would justify not carrying insurance?

SCOOP
03-27-2011, 04:52 PM
see you must have missed something some where

i said i was getting the insurance then i made a joke and you went on some rant

you know what i do what i do and i do it well and i strive to be better but you well you know you have it all you must be the best that ever lived and i will just from now on bow at your feet cause these discussions with you and how if my show doesn't have 1000.00 worth of equipment in it brought from the most expensive company means i am a yama then by all means god of clowns so be it i am not worthy of your insight

Toby KID
03-27-2011, 06:12 PM
Thanks Scoop. Now I'm clear.

SCOOP
03-27-2011, 07:44 PM
you know if you could just learn to give your opinion and insight to us all in a way taht wasn't a direct insult then when some one stands up to the god of clowns he wont have to run away with his tail between hil legs

all hail toby kid god of clowns

Toby KID
03-27-2011, 07:46 PM
Burned offerings now being accepted.

SCOOP
03-27-2011, 08:36 PM
burned but i stabbed for the blood offering i can still burn the body or do i have to start all over now

Toby KID
03-27-2011, 09:37 PM
good comedy is a rare medium well done

MattyBFunnie
04-13-2012, 04:43 PM
Remember, you might be getting insurance cover your own butt, however, you are really getting it for your audience.

When you go into someones house and juggle, having insurance says you care about them and their property. To me, not having insurance says you don't care. Liability waivers tell them that something might go wrong, but you don't care enough to pay for any damages you might cause.

Insurance is cheaper than someones antique vase, or worse, their eye or finger. There is no way to not afford insurance. $200 a year is nothing compared to a $10,000,000 lawsuit.

TheRealTwinkleToes
04-14-2012, 11:59 AM
you would really have to mess somebody up for a 10M payout. Actually at a certain point your better off killing them, it has been shown in several cases. Death is cheaper than crippling them as far as lawsuits and medical care.

I think it was said before but unless the kids parents are reading that sign your putting up it is useless. I mean your painting faces, how many of these kids can even read, much less choose what is an acceptable level of danger.

MattyBFunnie
04-14-2012, 03:13 PM
10 million is hypothetical, but it hasn't never happened before. Look at the lady that tried to hold coffee between her legs at the drive through. She sued, for a lot.

Even if it is only a $10,000 problem, wouldn't you rather have paid $200 and it be covered?

Signs are useless no matter what, even if someone does read it.

Sir Toony Van Dukes
04-14-2012, 09:04 PM
Liability insurance is NOT just for the paints causing problems. Let's say you are painting outside under a tent and someone trips over one of the anchor lines. Or a kid breaks your mirror and cuts their hand. Insurance is there to help protect you. But, it will NOT cover all situations. A friend had another new entertainer shadow her at an event and was helping to carry a case to/from the car when she tripped and broke her arm. She tried to sue saying she was there as an "employee" even though not getting paid. The standard insurance doesn't cover employees...

MattyBFunnie
04-14-2012, 10:47 PM
If you are going to have employees, look into workers compensation insurance. Liability insurance does not cover your employees, assistants, etc. You will need to talk to your insurance company about covering multiple people.

TheRealTwinkleToes
04-16-2012, 10:50 AM
10 million is hypothetical, but it hasn't never happened before. Look at the lady that tried to hold coffee between her legs at the drive through. She sued, for a lot.

Even if it is only a $10,000 problem, wouldn't you rather have paid $200 and it be covered?

Signs are useless no matter what, even if someone does read it.


she also had 3rd degree burns, and skin grafts on her crotch, she literally spent months in the hospital recovering. You never got to hear her side of it b/c of a "gag order". She only wanted her medical bills paid for at the begining.