PRESENTATION NOTE ON: LIVE SHOW INSURANCE

Transcription

1 PRESENTATION NOTE ON: LIVE SHOW INSURANCE First of all we would like to thanks all our clients in France, Swizzerland, Italy, U.K. and Spain that have over the years entrusted us with the protection of their companies assets. AGSV Courtage is a continental Broking Company in the contingency field in Continental Europe and has developed with specialized insurers a number of targeted contracts relying upon our client's activity. AGSV Courtage is operating in a wide range of contingency insurance fields as such as Live Shows, Tour, Theater Play, Television, Cinema, Fine Arts, Motor Racing, Sports, Leisure and Entertainments and all our contracts are studied throughout, by our experienced staff, on a case to case basis. We precisely listen to our clients overall Insurance needs and therefrom will adapt our contract accordingly but are also very straight forward and as such will warn you whenever insurance transfer is possible or not and will always try to fit your requests. AGSV Courtage is your partner and we will never forget that it is because we are working close to our client that we are considered as an innovative broking firm on the market. To come to the specific, we would like to briefly illustrate hereunder Live Show Promoter Insurance. WHAT DOES A PROMOTER DO A promoter will pay the band their guarantee and pay any overages due to the band dependent upon the deal signed. They will receive all of the income from the sale of the tickets which is their overall income. Their costs will be all the advertising, ticket print, venue hire, security, and of course the artists guarantees. It depends upon the contract signed between promoter and band as to whether they need to insure the guarantees in case of Death, Accident and Illness. After all the costs have been paid there hopefully should be some sort of profit left for them and usually a Promoter should insure Costs/Expenses/Commitments and Net Profit. Page 1 sur 6

2 WHAT DOES AGSV COURTAGE REQUIRE AS INFORMATION A) Full Itinerary Location Name of Venue Date of the Show (Full itinerary for a Tour, number of shows and information as above) (Any change in itinerary must be advised and is subject to prior insurers' approval) B) Bands Name and date of birth of Artists essential to the show Name and date of birth of Musicians essential to the show C) Promoters - OUTGOING 1) Venue Hire and fitting out of venue i.e. staging, lighting, dressing, room preparation etc... 2) Bands' guarantees plus any overages 3) Security 4) Ticket Print 5) Advertising Etc... Please specify D) Promoters INCOME Ticket sales (Net of Vat/Right of Author/Composer etc.. taxes) Sponsorships Subsides Advertising Etc. Flat fees for sold on shows Page 2 sur 6

3 WHAT DOES INSURANCE CONTRACT COVER IN CASE OF A LOSS This Insurance is to indemnify the Assured for their Ascertained Net Loss should any Insured Event(s) specified herein be necessarily Cancelled, Abandoned, Postponed, Interrupted or Relocated, in whole or in part, which necessary Cancellation, Abandonment, Postponement, Interruption or Relocation is the sole and direct result of any cause beyond the control of the Assured and the Participant therein. This Insurance also indemnifies the Assured for proven additional costs or charges reasonably and necessarily paid by the Assured to avoid or diminish a loss herein insured SCOPE OF COVERAGES SUMMARY A) Non Appearance Coverage DEATH of any Insured Person. ACCIDENT to or ILLNESS of any Insured Person which, in the opinion of an independent medical practitioner approved by the Underwriters, entirely prevents any Insured Person from appearing or continuing to appear in any or all of the Insured Performance(s) or Event(s). Family Extension It is noted and agreed that this policy will respond in the event of a loss following the death of, or serious accident or illness to a member of the Insured Person(s) family For the purpose of this policy family is defined as mother, father, sister, brother, spouse (whether husband or wife, common-law spouse or partner), children (including step-children and grandchildren) grandparents and in-laws, subject to an upper age limit of 65 Exclusions Air travel other than travel as a passenger by a regular airline or chartered or privately-owned aircraft, Any hazardous activity, feat or performance at the event". In addition to the foregoing, the following hazardous activities are excluded outside of the Insured Performance(s) or Event(s): Sky-diving or sky-surfing, parachuting, driving or riding in any kind of official and/or organized racing competition, rally or trial, rock climbing or mountaineering normally involving the use of ropes or guides, potholing, bungee jumping, parascending, canyoning, hang-gliding, and skin-diving involving the aid of breathing apparatus other than whilst accompanied by and under instructions from a qualified instructor. Excluding Artists over 65 years of age (They are object of separate quotation relying upon their age and role) Insufficient voice quality, unless directly due to illness or disease contracted or bodily injury occurring during the Period of Insurance, Any known pre-existing, physical, psychological or medical condition unless otherwise agreed in writing by the Underwriters, Any pre-existing condition agreed to by the Underwriters if the Insured Person fails to follow medical advice, Pregnancy, child birth or pre-menstrual tension or any problems relating thereto, Any sexually transmissible diseases or their after effects, The illegal possession or illicit taking of drugs and their effects In respect of guarantees (artists fees) cover is excluded for Death, Accident and Illness. (Buy back possible upon specific request and Insurer written agreement) Page 3 sur 6

4 B) All risks Coverage UNAVOIDABLE TRAVEL DELAY as a result of travel arrangements being irrevocably altered, resulting in the inability of any Insured Person to be at the arranged Venue for the Insured Performance(s) or Event(s), provided always that such travel arrangements shall have been made so as to provide adequate time for arrival prior to the Insured Performance(s) or Event(s). DAMAGE to or DESTRUCTION of the Venue at which the Insured Performance(s) or Event(s) is (are) to take place, which renders the Venue unavailable or unsuitable for the Insured Performance(s) or Event(s). NATIONAL MOURNING. (limited to person less than 65 years old) STRIKE (Unless known before effective date of present contract) RIOT AND CIVIL COMMOTION TERRORISM is excluded under the terms and conditions of the present contract but, could be covered through Buy Back under specific contract quotation. ANY OTHER PERIL not listed and not specifically limited or excluded elsewhere in this Insurance. Exclusions Any contractual dispute or breach by the Assured or any Insured Person. Alterations or variance of Insured Performance(s) or Event(s) without the prior approval of the Underwriters. Any work being carried out by builders or other contractors which renders the Venue or its facilities unusable in whole or in part, unless such work is unknown to the Assured at the inception of this Insurance or at the time of making the booking whichever is the later. Expenses which have not been declared to and agreed by the Underwriters. Any reduction in attendance that is not specifically attributable to the necessary Cancellation, Abandonment, Postponement or Interruption. The Assured or any Insured Person failing to: Observe and comply with the requirements of any law, ordinance, court or regulatory body relating to the Insured Performance or Event. Make all necessary arrangements for the successful fulfilment of the Insured Performance(s) or Event(s) (which for the avoidance of doubt shall include, but not be limited to, the provision of sufficient allowances for travel time, set up and /or rehearsal time) in a prudent and timely manner. Take reasonable steps to ensure that all necessary contractual arrangements were made and, where possible, confirmed in writing with the Assured and that all necessary authorisations, (which for the avoidance of doubt shall include, but not be limited to, the obtaining of licences permits, visas, copyright and patents) be obtained in a timely manner and valid for the period of the Insured Performance(s) or Event(s). Any fraud, misrepresentation or concealment by the Assured or any Insured Person. Actual or threatened war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, nationalisation, requisition or destruction of or damage to property by or under the order of any government or public or local authority. Seizure or destruction under quarantine or customs regulations, confiscation, nationalisation or requisition or destruction of or damage to property, by or under the order of any government or public or local authority, or the handling of contraband or the engaging in illicit trade or transportation. Page 4 sur 6

5 The operation of any statute or law providing for compulsory national service. Any order for repatriation, internment, imprisonment, deportation or the refusal of permit to enter any country where the Insured Performance(s) or Event(s) is to be held which is the subject of this Insurance Ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of any nuclear fuel, The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. Seepage and/or pollution and/or contamination unless it is discovered during the period of this Insurance and is a direct cause of a loss hereunder. Withdrawal, insufficiency or lack of finance howsoever caused, The financial failure of any venture, Lack of or inadequate receipts, sales or profits of any venture, Variations in the rate of exchange, rate of interest or stability of any currency Financial default, insolvency, or failure to pay of any person, corporation or entity, Lack of or inadequate response or inadequate financial or other support or withdrawal of such support by any party, Lack of or inadequate attendance or insufficient interest prior to the date and time scheduled for any Insured Performance or Event. Excluding any loss, expense or liability directly or indirectly arising out of attributable to or resulting from Severe Acute Respiratory Syndrome (S.A.R.S.) and/or Atypical Pneumonia or the threat or fear thereof (whether actual or perceived). If the Insurer alleges that by reason of this Exclusion any loss, damage, cost or expense is not covered by this Insurance the burden of proving the contrary shall be on the Assured. Excluding any loss expense or liability directly or indirectly arising out of attributable to or resulting from Bird Flu (Avian flu), Swine Flu and/or any other variant deemed a pandemic by the World Health Organization, any directly or indirectly related condition or the threat or fear thereof (whether actual or perceived). If the Insurer alleges that by reason of this Exclusion any loss, damage, cost or expense is not covered by this insurance the burden of providing the contrary shall be on the Assured. Terrorism Exclusion Endorsement Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of or threat of or fear of terrorism (whether actual or perceived) regardless of any other cause or event contributing concurrently or in any other sequence to the loss. For the purpose of this endorsement an act of terrorism means an unlawful act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of or threat of or fear of terrorism (whether actual or perceived) If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Assured. In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. Page 5 sur 6

6 Biological/Chemical Exclusion Endorsement This Insurance does not cover loss directly or indirectly arising out of, contributed to by, or resulting from actual, threatened, feared or perceived use of any biological, chemical, radioactive or nuclear agent, material, device or weapon. C) Adverse Weather Coverage (if specifically requested) Adverse Weather as insured by this Policy is defined as extreme weather conditions which a) occur on the day(s) of the event and which are deemed by the event organiser on the day of the Event to pose a serious threat to the safety of those attending the Event and/or b) occur during the Policy Period and which result in conditions which the Local Authority consider to pose a serious threat to the safety of those attending the Event and/or c) occur during the Policy Period and which prevent the Assured or event organiser from undertaking the necessary set up to enable the Event to proceed due to (i) concern for the safety of those responsible for the necessary set up, or (ii) reasons of physical impossibility In any claim and/or action, suit or proceeding to enforce a claim for a loss hereunder the burden of proving that the loss results from Adverse Weather shall fall upon the Assured. It is noted and agreed that Adverse Weather coverage is subject to: - The Insured Event(s) being performed on a stage which is above ground / floor level. - The Insured Event(s) being performed on a covered stage, meaning a stage with a roof and 3 sides. - All electrical equipment used in connection with the Insured Event(s) being covered / weatherproofed. Obligations where possible to rearrange a Cancelled or Abandoned Insured Performance(s) or Event(s) to another time in order to avoid or diminish a loss. Declarations for such Insured Events being made at least 15 clear days in advance of the (first) Insured Performance. (Specific quotation for uncovered stages if agreeable to insurers) Page 6 sur 6