Professional Indemnity Cover

Richard Wakefield · October 25th, 2007, 09:50 AM

I've just ordered 12 months of insurance, but turned down the professional indemnity cover...

what are people's views on this, in general? how many people have got this?

i'd (obviously) like to think that no-one will ever turn round and say 'we don't like the DVD you've given us. we want to screw you over now!'

I also like to think that IF that situation ever arose, I would remain friendly and tell them that they hired me based on my 'creative style', and that is what i have delivered.

And if things got nasty, i'd offer them free copies....

other's thoughts?

Don Bazley · October 25th, 2007, 10:30 AM

Hi Richard. You ask a good question. I also have my gear insured but passed on any other insurance. I haven't had any problems so far and I don't expect to. I once met a bride at a bridal show and one of the first things she asked was "What if the bride isn't happy with the video?" Fortunately, it turned out that I was already booked for the day of her wedding. :) I am interested in hearing other responses to your question.

-Don

Jon Omiatek · October 25th, 2007, 01:32 PM

Do what it takes to make your bride happy. Going to court, even if you are in the right, is expensive and the results will vary from judge to judge even if you have covered your X%#@@ with a great contract.

My 2 cents

Steven Davis · October 25th, 2007, 02:08 PM

Quote:

Originally Posted by Richard Wakefield

I've just ordered 12 months of insurance, but turned down the professional indemnity cover...

what are people's views on this, in general? how many people have got this?

i'd (obviously) like to think that no-one will ever turn round and say 'we don't like the DVD you've given us. we want to screw you over now!'

I also like to think that IF that situation ever arose, I would remain friendly and tell them that they hired me based on my 'creative style', and that is what i have delivered.

And if things got nasty, i'd offer them free copies....

other's thoughts?

Hey Richard, who did you get your insurance with? You can pm me if you don't want to publisize.

Carl Walters · October 25th, 2007, 02:54 PM

What if the problem wasn't the style of the footage you recorded but that the tape/hdd etc was so poor quality due to damage, drop outs etc etc or just plain lost between the event and editing that it was unusable? The bride and groom may have to stage the whole day again at your expense, is it really worth risking it for the sake of a few quid?

Richard Wakefield · October 26th, 2007, 03:22 AM

that's such a valid point Carl. would that not come under equipment failure though?

I guess i put my confidence in the fact i have two camcorders with a whole load of batteries and tapes. So in the awful event that one camcorder, or battery, or tape conked out, i would have backup.

but then if one camcorder went down you could argue that the B+G might kick up a fuss if it's not multi-cam.

i suppose i naively put a lot of trust in people that they won't complain, or that i can always rectify a situation (i.e. forgot to turn on a mic once).

again, what do other people think?

steve: the company is an english one - versatile insurance.

cheers

Rick Steele · October 26th, 2007, 06:57 AM

Quote:

Originally Posted by Richard Wakefield

i'd (obviously) like to think that no-one will ever turn round and say 'we don't like the DVD you've given us. we want to screw you over now!'

Don't you have this kind of thing in your contract? And also, a liability limitation?

Daniel Ross · October 26th, 2007, 07:19 AM

You're hired to perform a service. You perform that service. And... hopefully the like it. But if not.... well... they paid you to do it.

Paying you in advance is how that works-- not that they pay you if they want to buy the video from you (arguably fair in a way, though obviously not worth the risk for the videographer).

If you hire a waiter for an event and they don't make the customers happy, then they still get paid for their work, though you wouldn't hire them again.

If there is a very big problem, like that waiter dumping food on multiple guests, or your camera simply not recording a majority of the wedding, then there could be a problem.

But if the issue is just stylistic preference, well, they hired you. Too bad.

I'd agree- this should be covered in the contract. I'd also include that if the equipment totally fails or you fail to record the wedding, they owe nothing [or rather, get a refund]. That's fair. But if you do it and do it to the best of your ability, then I don't see any way they could fight that, when they paid for exactly that.

Jon Omiatek · October 26th, 2007, 08:08 AM

Quote:

Originally Posted by Carl Walters

What if the problem wasn't the style of the footage you recorded but that the tape/hdd etc was so poor quality due to damage, drop outs etc etc or just plain lost between the event and editing that it was unusable? The bride and groom may have to stage the whole day again at your expense, is it really worth risking it for the sake of a few quid?

Doesn't work that way in the US. You are only on the hook for the amount of the contract.

Martin Mayer · October 26th, 2007, 08:42 AM

Quote:

Originally Posted by Jon Omiatek

Doesn't work that way in the US. You are only on the hook for the amount of the contract.

You really sure about that? What if you (say) plug in your charger, it overheats and burns down the marquee and several irreplaceable trees in the garden (and injures several of the guests) - you're on the hook for just a grand or two?

Rick Steele · October 26th, 2007, 09:03 AM

Quote:

Originally Posted by Martin Mayer

You really sure about that? What if you (say) plug in your charger, it overheats and burns down the marquee and several irreplaceable trees in the garden (and injures several of the guests) - you're on the hook for just a grand or two?

In the U.S. they could sue you for a billion dollars if they wanted but they'd have a hard time rationalizing that amount to a judge.

That's why you limit your liablitity in writing not to exceed the total cost of monies paid. Indemnity insurance is for people that transact business with no signed contracts. (Like retailers and such).

Jason Robinson · October 26th, 2007, 11:17 AM

Quote:

Originally Posted by Rick Steele

In the U.S. they could sue you for a billion dollars if they wanted but they'd have a hard time rationalizing that amount to a judge.

That's why you limit your liability in writing not to exceed the total cost of monies paid. Indemnity insurance is for people that transact business with no signed contracts. (Like retailers and such).

I put a limit of liability clause in my contract that states in the affirmative that the client agrees that the total liability of the vendor is limited to the total amount of services paid.

That doesn't mean they cannot sue for more, it just means that it would be harder for them to get it.

October 25th, 2007, 09:50 AM	#1
Richard Wakefield Major Player Join Date: Feb 2006 Location: Surrey, UK Posts: 680	Professional Indemnity Cover - how many have it? I've just ordered 12 months of insurance, but turned down the professional indemnity cover... what are people's views on this, in general? how many people have got this? i'd (obviously) like to think that no-one will ever turn round and say 'we don't like the DVD you've given us. we want to screw you over now!' I also like to think that IF that situation ever arose, I would remain friendly and tell them that they hired me based on my 'creative style', and that is what i have delivered. And if things got nasty, i'd offer them free copies.... other's thoughts?

October 25th, 2007, 10:30 AM	#2
Don Bazley Regular Crew Join Date: Dec 2001 Location: Ithaca, NY Posts: 149	Hi Richard. You ask a good question. I also have my gear insured but passed on any other insurance. I haven't had any problems so far and I don't expect to. I once met a bride at a bridal show and one of the first things she asked was "What if the bride isn't happy with the video?" Fortunately, it turned out that I was already booked for the day of her wedding. :) I am interested in hearing other responses to your question. -Don __________________ "When the going gets weird, the weird turn pro" - Hunter S. Thompson

October 25th, 2007, 01:32 PM	#3
Jon Omiatek Major Player Join Date: Jan 2004 Location: Columbus, Ohio Posts: 755	Do what it takes to make your bride happy. Going to court, even if you are in the right, is expensive and the results will vary from judge to judge even if you have covered your X%#@@ with a great contract. My 2 cents

October 25th, 2007, 02:54 PM	#5
Carl Walters Regular Crew Join Date: Jun 2004 Location: East Midlands Posts: 137	What if the problem wasn't the style of the footage you recorded but that the tape/hdd etc was so poor quality due to damage, drop outs etc etc or just plain lost between the event and editing that it was unusable? The bride and groom may have to stage the whole day again at your expense, is it really worth risking it for the sake of a few quid?

October 26th, 2007, 03:22 AM	#6
Richard Wakefield Major Player Join Date: Feb 2006 Location: Surrey, UK Posts: 680	that's such a valid point Carl. would that not come under equipment failure though? I guess i put my confidence in the fact i have two camcorders with a whole load of batteries and tapes. So in the awful event that one camcorder, or battery, or tape conked out, i would have backup. but then if one camcorder went down you could argue that the B+G might kick up a fuss if it's not multi-cam. i suppose i naively put a lot of trust in people that they won't complain, or that i can always rectify a situation (i.e. forgot to turn on a mic once). again, what do other people think? steve: the company is an english one - versatile insurance. cheers

October 26th, 2007, 07:19 AM	#8
Daniel Ross Major Player Join Date: Jul 2007 Location: Marin & Davis, CA, USA Posts: 418	You're hired to perform a service. You perform that service. And... hopefully the like it. But if not.... well... they paid you to do it. Paying you in advance is how that works-- not that they pay you if they want to buy the video from you (arguably fair in a way, though obviously not worth the risk for the videographer). If you hire a waiter for an event and they don't make the customers happy, then they still get paid for their work, though you wouldn't hire them again. If there is a very big problem, like that waiter dumping food on multiple guests, or your camera simply not recording a majority of the wedding, then there could be a problem. But if the issue is just stylistic preference, well, they hired you. Too bad. I'd agree- this should be covered in the contract. I'd also include that if the equipment totally fails or you fail to record the wedding, they owe nothing [or rather, get a refund]. That's fair. But if you do it and do it to the best of your ability, then I don't see any way they could fight that, when they paid for exactly that.