Do Summer Interns Increase Your Risk?

Many entertainment businesses offer college students the opportunity to hold a summer intern position. These can be rewarding for the college student as well as provide some help to the business. Offering paid or non-paid internships can create risk for your business. We wanted to highlight some of the business risks associated with having interns. Before you bring that person on board, make sure your insurance is well prepared.

• You should have a written plan. It should include a job description, hours, and line of authority.
• Check to see if there are any state regulations that might be impacted.
• If you offer a paid internship, you will need to treat the intern like any other employee. We suggest having a formal agreement indemnifying the terms of the agreement, including the time period of the internship.
• If the internship is a paid position, don’t forget about workers’ compensation.
• Make sure you comply with Healthcare Reform relating to employee benefits.
• Make sure the intern understands they are not entitled to “regular” company benefits, i.e.  retirement, insurance, vacation, etc.
• The internship must provide similar training that would be given in an educational environment.
• There must be a “true” benefit for the intern.
• The internship cannot be for the sole benefit of the company.
• The intern must not replace regular employees, and should work under the close supervision of existing staff.
• Unpaid internships for for-profit companies are subject to the U.S. Department of Labor’s Fair Labor Standards Act. There are provisions if you offer educational credit. Here is a link to the U.S. Department of Labor. 

We recommend you check with the department of labor to make sure your program meets all of the requirements. There have been many businesses who have been sued as a result of improper internship programs.

Our goal is to provide exceptional service while giving you peace of mind so you can focus on what you do best, create. Give us a call and let us show you how we can save you time and money on your insurance.

Planning a Documentary? Make Insurance Part of Your Planning

Documentaries come in many forms. Some take years to shoot and produce, while others may only take a few months. No matter how big or small, having the proper insurance for your documentary can be one of the most important things you can have. All the activities associated with filming a documentary bring unique risks that should be insured. And when it comes to entertainment insurance, John Hart Insurance has the solutions.

Here is a short overview of coverage you might consider:

·   Rented Equipment

·   Owned Equipment

·   Cast Coverage

·   Props, Sets and Wardrobe

·   Negative & Faulty Stock

·   Third Party Property Damage

·   Extra Expense

·   General Liability

·   Automobile Liability and Physical Damage

·   Workers Compensation

Once a documentary is finished, the next step is normally distribution. Most distributors will require the production company obtain an Errors and Omissions policy on the production. If you are a distributor, you should always carry your own E&O policy, in addition to requiring each of the productions you distribute to be covered. When purchasing your insurance policies, it is once again important to remember that the amount of coverage you purchase is wholly dependent upon the type of project on which you are working.

The staff at John Hart Insurance has over 60 years combined experience in the field of entertainment insurance.  We focus exclusively on understanding the unique needs of motion picture, television, video, music and theatrical companies.  This knowledge base allows us to structure an insurance program specifically for each client that will be a balance of the best coverage and most economical solutions to help manage the risks inherent to the client’s unique businesses.

The True Value of an Independent Agent

John Hart Insurance is an independent agency. This means we don’t work for any one insurance company. We have access to many markets that specialize in the entertainment industry, giving us the ability to shop your account, and search the market for the best option for you. With captive insurance agents, you may only get the guidance of one company that sells one brand of insurance.

The Value of John Hart Insurance

• John Hart Insurance specializes in the film and production industry that is all we do. We know and understand your industry.
• We have over 60 years of combined service.
• Our focus is exclusively on understanding the unique needs of motion picture, television, video, music and theatrical companies.
• We will work with you to make sure your claim is processed to your satisfaction
• We provide a number of coverage options
• Are not obligated to any one company
• We search the market for the best combination of price and coverage
• We are licensed professionals with strong customer and community ties
• Our staff is qualified and trained to explain coverage in understandable language
• We can review coverage and make necessary changes based on your needs

There is no singular insurance company that is the best for everyone. As independent agents, we can find the right company for your specific needs. And as your needs change, we’ll always have an insurance company that is right for you.

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Is Short Term Entertainment Insurance Available?

Your firm may be embarking on a short term project that requires special or unique insurance coverage. John Hart Insurance can help you with this coverage. Many filming locations require that you present them with a certificate of insurance, naming them as an additional insured, before they allow you on the property. You may need to rent very specialized equipment that requires insurance. All these issues can be managed through the proper kinds of insurance products.

Our short term coverage can include:

• General Liability - General Liability protects against claims of bodily injury or property damage and personal injury arising out of filming activity.
• Third Party Property Damage - Covers damage to property in your care. For example, a building in which you film a commercial.
• Owned & Rented Equipment - An equipment floater may be needed to insure property that moves from location to location.
• Workers' Compensation - Covers injury to employees while on location or on the job at any site.
• Set and Prop Coverage - Property coverage in case sets or props are damaged.
• Non-Owned and Hired Auto - Insures you from liability arising out of using or renting a vehicle that you do not own.
• Excess Liability Insurance - Provides additional Liability protection over the General Liability and Non-owned/Hired Automobile Liability.

Generally, short term coverage is designed for productions less than 60 days and with smaller budgets. Call John Hart today for more information. 

Entertainment Issues -- Risk and Reward

We all love watching the fine work that comes out of Hollywood and other production companies. If you think about the many risks facing production and entertainment companies, most people might run like Forrest Gump!  But we at John Hart Insurance know that with risks come rewards.

We have over 60 years combined experience in the field of entertainment insurance.  We focus exclusively on understanding the unique needs of motion picture, television, video, music and theatrical companies. Call us today for more information.

Here are a few of the risks faced by the entertainment industry:

• Stunts and action scenes. There are times when lead actors want to do their own action scenes. If the lead actor is injured it might lead to long delays in production.
• Foreign locations.  Many productions are filmed outside of the USA. This can lead to safety, cultural and legal issues. Especially if the production is travelling with a full crew and production team.
• High valued set and wardrobes. If sets are damaged or wardrobes destroyed, they must be replaced. Even under the best of situations, a few weeks delay can cost thousands of dollars.
• Documentaries or other true stories can lead to creating errors in the truth. While there is always some defense in artistic freedom, it really depends on what was agreed to between the parties involved. Also, rewriting scripts during production can lead to errors in factual information. 

John Hart Insurance Top Five Insurance and Safety Ideas

The following information may not make the lineup of any late night TV show, but it can help your entertainment company become more profitable. Call us today for more details.

1. Always carry E & O insurance - This covers legal liability and defense for the production company against lawsuits alleging unauthorized use of title, format, ideas, characters, plots, plagiarism, unfair competition or piracy. It also protects against alleged libel, slander, defamation of character or invasion of privacy. This coverage will usually be required by a distributor prior to the release of any theatrical or television production.
2. Mind your cables - With most productions, keeping cabling organized is critical. Solutions like rubber mats, cable ramps, and creating an audience free zone in the center of the auditorium can help to ensure safe cable runs.
3. Insure your props and wardrobe – This provides coverage on props, sets, scenery, costumes, wardrobe and similar theatrical property against risks of direct physical loss, damage or destruction occurring during the production.
4. Most Common Rigging Mistakes – These include unrated hardware, incomplete installation, damaged equipment, and improper use.
5. Always call John Hart Insurance for the best possible combination of coverage and pricing.

The staff at John Hart Insurance has over 60 years combined experience in the field of entertainment insurance.  We focus exclusively on understanding the unique needs of motion picture, television, video, music and theatrical companies.  This knowledge base allows us to structure an insurance program specifically for each client that will be a balance of the best coverage and most economical solutions to help them manage the risks inherent to their unique businesses.

Professional Liability Risks for the Entertainment Industry

Today almost every production company, film distribution firm, or any business in the entertainment industry can find itself facing a liability lawsuit. A Professional Liability lawsuit can put assets at risk including business assets, resources, and in some cases the personal assets of owners. One simple mistake could cause financial devastation, as well as end a professional career. Some businesses mistakenly fail to realize that they have an exposure to professional loss.

Professional Liability Insurance is sometimes called Errors and Omissions (E&O) coverage. Claims come from errors or omissions in the performance of professional services. Companies that perform production services have an exposure to E & O claims. E & O insurance also protects against alleged libel, slander, defamation of character and invasion of privacy. This coverage will usually be required by a distributor prior to release of any theatrical or television production.

Often claims result from overlooking a critical piece of information, misstating a fact, misunderstandings, forgetting to do something, using copyrighted material or misplacing something. In today’s world, the definition of “standard of care” has broadened through court cases and statute changes. Professional Liability Insurance provides the entertainment industry with protection against potential legal action by clients and other third-parties.

Here are a few actual claim examples:

• A post production firm used images without a license as part of the opening to the film. The owners of the images filed a lawsuit for copyright infringement. The case was settled for $12,000.

• United Talent Agency filed in Los Angeles a breach of contract and fraud lawsuit against World of Wonder Productions over the packaging of the hit Oxygen TV series, Tori & Dean: Home Sweet Hollywood. The agency accused the producer of “deceitful accounting” and underpaying profits to UTA, then refusing to let UTA have full access to its books or records as part of a “blatant attempt” to cover up its accounting practices. http://www.deadline.com/

• Kevin Costner filed a lawsuit against the production company Morgan Creek. The lawsuit alleged it was the production company’s duty to disclose "truthful, accurate, full and complete" revenue information from the film, but it failed to do so. The case was dismissed.  The production company’s insurance paid for the defense of the lawsuit.  http://www.upi.com/

It is never too late to get a quote, so call John Hart today.