In Indiana there are some caveats about you having time to find replacement work and about work you turn down because the now canceled job was on your schedule. Those factors are up for judicial interpretation and also put the onus on YOU to show why you can't get a gig in a day or that you actually LOST $X because you missed out on an event thinking you were already booked. A cancellation clause should wipe all the questions away since it is spelled out what happens in whatever time-frame for cancellations.

Second thing. A month a go, a rentee dropped my older Peavey board that was out of warranty. He's a great guy and paid for the minor repair. Works like new. But what about the guys who break stuff, and don't pay for replacements?

Well, in my case.... I consider most things a cost of doing business (outside of maybe stupidity but that would be vandalism type things and not mis-wiring, etc). Technically, you could write it in the contract that things have to be returned to you in the condition they left. Obviously a 'drop' would be considered the fault of the renter. Broken fader/knobs is the fault of the renter. OTOH, a dead amp could just be its 'time'. Even blown spkrs (while probably the faut of the renter) might not be their fault. Where you want to draw the line is up to you. And you still run the same risk as before as far as getting a stiff to pay.

How much of a security deposit is usually asked, and how flexible should our policy be, if the renters are trusted people and they can't afford rental and security deposits.

If they can't afford to be renting then I'm not sure what the question is???? If it is a friend/trusted person then why worry about that? OTOH, some people won't even rent at all to strangers unless they are a business.

I've heard of credit cards being required altho I'm not sure how that works... possibly renter authorizes a chrg for replacement cost and is finalized if gear is not returned. Maybe someone who knows more about credit card business and rules knows the routine and what is actually done.

The reason I ask, is because I'm having a friend of mine(paralegal) draw up a contract. The info on the workers liability a while back sure helped. But what if your friends help you? Can you be held responsible if they get hurt?

Why not? Of course. Wouldn't you feel responsible anyway? Being a 'friend' doesn't cover you.

Should I make sure they have their own insurance?

I have no idea how that works or if there would be proper insurance. They'd have to be an Independent Contractor I'd guess. And then they'd have to really fit the IRS profile. Sooooooooo, my guess would be any insurance that they might have would come after YOU to pay rather than paying themselves if they got wind that the accident happened while working for ~you~. Of course if they are a true Ind Contractor then you should be OK with them insuring themself (but then I don't see them passing the 'smell test' for Ind Contctr if anyone digs at all....)

I know they can't sign anything, but is there any way of getting around the union help?

I'm sure they ~can~ sign something... the question is whether it would be worth the paper it is written on if the issue was pressed. There's just no guarantee it would be legal or workable ;-)

You don't have to use Union labor. The point is that they are independent (truly) and work for MANY different entities. They have their own insurance. You can set up part time or full time employees and follow the law as far as insurance goes. (And taxes).

I mean I never have union grade loading/unloading, but it does take time to unload and hook up our usual stuff, and I can't do it w/ only my little bro when the other guys are working.

If it is feasible you build the union costs into your pricing. I don't think there is an answer that you are gonna want to hear. For low dough shows you can't feasibly expect to have employees and have them properly covered (whether you call them 'help' or 'friends' won't matter if the issue comes up because they'll be employees in the eyes of the law). Even your little bro would fall in that category.

You have to consider your exposure and risks. Can you work solo? Jumping in too deep too fast can bring these issues up quickly.

What to do? I can't tell you. Talk to an attorney if you are worried and want to know the facts.

Ummmmmmmm While you're thinking insurance... what about insuring your equipment.... and what about the people at the event? What if a light tree falls over into the crowd? What if someone trips over the snake? Yip, you need that insurance too!

Well... I've got a couple checks out right now but I'm pretty sure both will pay shortly. The only things I've not been paid on have been cancellations and I considered the situations ea time. Ice storm in one case.... I think all have been weather related and nothing was a huge event and I might've gotten paid on a couple of those.... I'm not hip on getting out in snow and ice anyway. And most bigger shows aren't scheduled (around here) in those months anyway. I'm sure there's been a few things but no court cases or anything that p-o'ed me. No bouncing checks or check is in the mail' situations. As best as I recall I've always been paid for any shows that have actually flown.

Good Luck D.D.,
Alan


Reply posted by Ron Hebbard on December 15, 2000

Ron asks (with his tongue planted firmly in his cheek):

"I never have union grade loading/unloading"

As an IA brother of 27 years, am I to understand that you have yet to attain the need for our superb level of service; or should I interpret this to mean that you value your gear too highly to let us bounce test it for you? Don't be taking me too seriously here; I'm just pulling your chain.

Have a safe and happy holiday season!

Ron Hebbard