Proof of Insurance/Proof of Independent Contractor

[Howie22]

I've been gigging pretty heavily for about 5 years now, and for the first time today I was asked for Proof of Insurance and/or Proof of Independent Contracting. 

 

I don't have insurance for my business, nor am I actually set up as a corporation/business. I do maintain records, file taxes, etc, but as a sole proprietor/Schedule C.

 

The show is in about six weeks. As I'm trying to do more private shows, these are things I need to get in order for the long term. Not exactly sure what to do here?? 

[nchangin]

Tell the customer the truth would be the best option or look into business liability insurance, not sure what their requirements (i.e., tax id, llc, corp) would be under a sole prop business.

Keep in mind if you have insurance on the equipment say through your auto insurance if you had an issue and they found out you were using the equipment for commercial application (i.e,. hired for sound etc) it wouldn't be covered under private insurance. That is what my private insurance carrier told me, curious as to others real life experience are as well.

[Miko Man]

Where is your show? The law varies from state to state (in the US, anyway). I assume that the issue is about workers' compensation and maybe unemployment insurance. Some states have a very relaxed standard for determining "independant contractor" (vs. "employee") status; some states require a state-issued certificate of IC status (or workers' compensation insurance on yourself) so that the hiring agent is not deemed to be your "employer." Many states are somewhere in the middle. I suggest that you talk to the state Labor Department in the state you will be working in for information on that state's laws. Mark C.

[Howie22]

 

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Miko Man wrote:

 

Where is your show? The law varies from state to state (in the US, anyway). I assume that the issue is about workers' compensation and maybe unemployment insurance. Some states have a very relaxed standard for determining "independant contractor" (vs. "employee") status; some states require a state-issued certificate of IC status (or workers' compensation insurance on yourself) so that the hiring agent is not deemed to be your "employer." Many states are somewhere in the middle. I suggest that you talk to the state Labor Department in the state you will be working in for information on that state's laws. Mark C.

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It's in my home state (NC), but in another county. The gig is for a university - actually being hired by the school, not a fraternity, etc.

 

They didn't state why, but I assume it's to determine that I am an independent contractor and not an employee, to relieve them from liability in case I trip over a guitar cord and break my neck or something. They also wanted to add an indemnity clause for themselves into my standard contract.

 

I assume I could get a business lisence and insurance set up pretty quickly? As I said, these are probably things I've needed to do for a while anyway, particularly as we plan to do more of these types of shows and fewer bar gigs.

[Vito Corleone]

Hasn't been an issue. No one has yet called us on it and said "wait a minute.....our contract is with the OTHER blonde chick...."

 

I don't think any of clients are aware of the band members names or care. And we have a very stable lineup and don't use pickup musicians.

 

I guess I never really put that much thought into the implications or even WHY we have each band members name in the contracts in the first place. Might have been something that was done because it was on the template we built our contracts from? Or maybe there was some good reason I no longer remember?