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Indemnity Clause

Posted by David Woeller on March 5, 2015 at 6:11pm in Art Show Information and Discussions

I'm hoping that some of you more experienced folks might shed some light on this subject. I have done the  Stone Harbor show in New Jersey for 3 years now and don't remember an indemnity clause that reads quite like this.

Indemnity Clause

To the fullest extent permitted by law, I agree to defend, pay on behalf of the Borough of Stone Harbor, its elected and appointed officials, its agents, employees and volunteers and others working on behalf of the Borough of Stone Harbor against any and all claims, demands, suits, or loss, including the costs connected therewith, and for any damages which maybe asserted, claimed or recovered against or from the Borough of Stone Harbor, its elected and appointed officials, its agents, employees, volunteers or others working on behalf of the Borough of Stone Harbor, by reason of personal injury, including bodily injury or death and/or property damage, including loss of or use thereof, which arises out of or is in any way connected or associated with the use of the 80th street recreation facilities during the 2015 Stone Harbor Arts & Crafts Festival. 
Is this a standard wording and what are my liabilities for incidents that are not connected to me or my actions in any way. I always purchase the Act show insurance, but wonder about the vague wording of this clause. It seems as though I may be held responsible for someones actions that I can not control. Any feedback would be appreciated.

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  • David Woeller March 6, 2015 at 8:43am

    Thanks to each of you for your time and thoughts. I knew I could count on those here for some insight. As it would turn out, Jeanne's response brings up a situation that did occur with this show last year.

    The show is a typical set-up for this area. Open field with artists tents in rows. Along with that are two huge, show supplied, tents with artist displays inside. After the Friday set-up was complete, we had heavy rain overnight. At some point during the night, one of the large tents that had been contracted for, and set-up by, a third party had a partial collapse from collected water. I don't know if it was erected improperly or what. In any case, I was told that one artist lost all of her inventory and all of her display materials. Several other artists also suffered loss to varying degrees, so I'm told.

    This might explain such a strongly worded clause for this year. The part that raises my concern is exactly what Richard has pointed out. The "pay on behalf of" statement causes me concern. Maybe I'm overly cautious, but I'd like to know the implications of that as far as what my liability would be. It almost sounds as if they would expect me to bear a portion of any costs they incur from any legal actions.

    The good thing is that I have time to figure my course of action. This show has been good to me in the past, and also a bust (mostly because of poor weather). I'd be interested in any other thoughts or experiences.

  • Richard L. Sherer March 5, 2015 at 10:18pm

    " pay on behalf" does not sound like typical boiler plate of "holding harmless .......". I'de like to hear a lawyers response to this.

  • Connie Mettler March 5, 2015 at 9:28pm

    It is just the small print, found in many prospectuses, David. The lawyers rule! I've seen it before. Go to Zapplication and click on some of the bigger shows event information. I'd guess you'd see something similar on many of them. 

  • Jeanne Morningstar Kent March 5, 2015 at 8:18pm
    Sounds as if they were sued for something and are now tring to cover themselves.
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