Liability insurance for a self-employed musician
A musician plays on stages he did not build, with power someone else installed. Liability for that does not automatically lie with the organiser.
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In brief
The AVB covers injury and property damage to third parties. For a self-employed musician that means: an amplifier falling over against the cafe's frontage, a monitor wedge falling off the stage onto a visitor, an instrument case going through a window while loading in. The basis is Article 6:162 of the Dutch Civil Code. Without staff the employers' liability section falls away, but the risk towards venues, organisers and the audience remains in full.
Your own instrument is expressly outsidehere. A guitar, a wind instrument or a grand piano is your property and not damage to a third party; there is valuables insurance or separate instrument cover for that, with attention to transport and leaving it in a vehicle. If you fall ill or are injured, that is not a liability matter either but an income matter; see the disability insurance.
With the contract, note what the organiser requires of you. Festivals and venues often require valid liability insurance with a minimum level of cover and sometimes an indemnity. Such an indemnity goes beyond your liability statutory in law and is excluded on most policies. The structure of the cover is set out on the hub page on the AVB; about the organisational side you can read more under the events insurance.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
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Business liability insurance (AVB)
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Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
What to look out for
Four points that lead to unpleasant surprises for self-employed performers.
Backline that is not yours
If you play on the venue's amplifier, on a borrowed drum kit or on a hired grand piano, you have that property in your in your care. Damage falls under the care, custody and control exclusion and therefore outside the AVB, while the owner does come to you. Ask for a care, custody and control clause, or record in writing in advance who bears the risk during the sound check and the performance.
The audience close to the stage
A cable across the walkway, a cymbal stand crashing down, a stage dive: injury to visitors is the most expensive claim in this sector. The AVB comes into play if you are liable, but the insurer looks at barriers, cable ramps and the arrangements with the organiser. Record in advance who is responsible for stage safety.
A cancellation is not an insured loss
If you cancel because of illness or your equipment fails, the organiser claims costs incurred and lost turnover. That is pure financial loss and excluded on the AVB. Include a cancellation clause in your booking agreement and make sure it is clear when force majeure applies. Also ask whether the organiser has event cover of his own.
Intent, alcohol and civil disturbance
Damage caused by intent or wilful recklessness is not covered anywhere under Article 7:952 of the Dutch Civil Code. In nightlife there are also clauses about alcohol use and about war risks: damage connected with disturbances or fights usually falls outside all cover. Read those provisions through before you sign for a risky performance.
What does your premium depend on?
- Annual turnover: the usual basis for a sole trader
- Number of performances per year: every set-up is a new moment of exposure
- Type of locations: churches and theatres weigh differently from festivals
- Your own sound system: anyone who does his own amplification takes on more activities
- Care, custody and control cover: for other people's backline and instruments
- Area of cover: tours outside the Netherlands call for confirmation
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | Your AVB | The organiser's policy |
|---|---|---|
| A monitor wedge you put on the edge of the stage yourself falls onto a visitor in the hall | Yes | No |
| While loading in, your amplifier goes through the cafe's frontage | Yes | No |
| Your roadie drops a flight case on the foot of a member of the venue's staff | Yes | No |
| A visitor trips over a cable the venue's technician laid across the walkway | No | Yes |
| A festival visitor is injured when the stage deck subsides under the crowd | No | Yes |
| The borrowed drum kit you are playing breaks during your set | Provided that | No |
With a stage claim, who put the equipment there and who manages the venue often matters more than the question of fault.
Frequently asked questions
This is what people ask us most.
Is my instrument insured on this policy?
No. The cover applies to third parties' losses, and your instrument is your property. For an instrument you take out valuables or instrument cover. Note the conditions on transport, on leaving it in a car and on taking it abroad. That is where most of the restrictions are.
The venue charges me for damage to their amplifier. What now?
Equipment you use but do not own falls under the care, custody and control exclusion of most policies. The AVB will not pay for that damage, while you can be liable in civil law. Ask your adviser whether a care, custody and control clause is possible and make arrangements with the venue in advance about who bears the risk on borrowed equipment.
A festival requires liability insurance. What do I supply?
The policy schedule with the insured business activity, the sum insured, the territorial scope and the period of cover. Check that your business activity also covers rigging and the use of your own sound equipment. If an indemnity is also required, bear in mind that liability accepted by contract falls outside cover and have that provision checked.
I strained my back while loading in. Does the policy pay?
No. Your own injury is not damage to a third party and does not fall under the AVB. If someone else was liable, because of an unsound tail lift for instance, you hold that party liable. For your own loss of income there is disability insurance, a broodfonds scheme or personal accident cover. That is separate from this insurance.
Every situation is different. For these situations we have a separate page.
- Compare public and employers' liability insurance (AVB)The main page
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