Liability insurance for a training agency
A training agency mainly supplies people from outside. Whether a hired-in trainer's mistake falls on your policy is not in the contract but in the definition of the insured.
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In brief
The first thing to know is who counts as insured. Freelance trainers are not subordinates and therefore do not automatically fall under your AVB, while the client comes to you because you entered into the contract. You arrange that in two ways at once: a clause in which non-subordinates are included as insured persons, and the contractual requirement that every trainer produces his own liability insurance before he starts work for you.
The second theme is your own training venue. As soon as participants, caterers and suppliers come in, a public risk arises that has nothing to do with training: a slippery floor, a loose threshold, a cabinet that is not fixed. If you own the premises, the strict liability for a defective structure under Article 6:174 of the Dutch Civil Codeapplies, which creates liability without fault. If you rent, the tenant's liability section is the point to watch. Your own staff fall under the duty of care in Article 7:658 of the Dutch Civil Code, and under subsection 4 so do hired-in trainers working under your direction.
What is not included: a result that fails to materialise or advice that turns out badly is pure financial loss and belongs with professional indemnity insurance. Cancellations and no-shows are contractual matters. Loss because your own room is unusable after a fire belongs with business interruption insurance, and a breach involving participants' data with cyber insurance. The general explanation is on the hub page on the AVB.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
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What to look out for
Four subjects that are decisive at an agency with hired-in trainers.
Hired-in trainers are not subordinates
Without an additional clause your policy covers only your own liability and that of your employees. If a freelancer causes damage at a client, you are often the party held liable. Have non-subordinates included in the definition of the insured and collect a valid policy schedule from every trainer; check that again every year.
Participants, catering and your own room
Participants are third parties, even where their employer is the client. Injury in your premises runs through Article 6:162 of the Dutch Civil Code and, if you are the owner, through Article 6:174 of the Dutch Civil Code. Keep demonstrable records of maintenance to floors, stairs and installations and require caterers and cleaning firms to work with their own liability insurance.
Outdoor and simulation elements subcontracted
If you subcontract a climbing course, a karting element or a fire simulation, you remain the participants' contracting party. The operator is liable for his own mistakes, but you are held to account for the choice and the organisation. Record that the operator is liable and insured, and report this type of programme to your own insurer.
Trainers on the road
Your trainers drive to client sites every day with materials in the car. Damage caused with a motor vehicle falls outside the AVB. The compulsory insurance under Article 2 of the Dutch Motor Insurance Liability Act (WAM)applies to that. For injury to the driver himself there is separate employers' cover for road use. You can read about the difference at WEGAS and WEGAM.
What does your premium depend on?
- Annual turnover: the basis for the premium at service agencies
- Payroll and amount spent on hired-in labour: both your own trainers and freelancers count
- Own training venue: floor area, visitor numbers and ownership or rental
- Share of physical or outdoor programmes: often subject to disclosure and sometimes only insurable separately
- Number of participants per year: the measure of exposure to injury claims
- Sum insured and excess: per claim and per insurance year
Insurers weigh these details differently. That is where your saving is.
Which policy pays
| Situation | AVB | BAV |
|---|---|---|
| A participant falls in your own training room because a stair rail comes loose | Yes | No |
| A freelance trainer runs an exercise in which a participant dislocates a shoulder | Provided that | No |
| A participant has an allergic reaction to a lunch you put together yourself | Yes | No |
| The client reclaims the course fee because the programme did not match the learning objectives | No | Yes |
| The evaluation list with participants' data ends up with another client | No | Provided that |
| While hanging a flipchart you strike a sprinkler head in the hired room | Provided that | No |
Hired-in trainers fall under your AVB only if non-subordinates appear in the definition of the insured.
Frequently asked questions
This is what people ask us most.
A hired-in trainer caused damage at a client.
Whether your policy pays depends on the definition of the insured. Freelancers are not subordinates and, without a clause for non-subordinates, do not fall under it, while the client turns to you. Always ask about your trainers' own liability insurance, therefore, and have the clause for non-subordinates included in your own policy.
Is our own training venue covered?
The venue must have been declared as an address. If you own the premises, liability for a defective structure under Article 6:174 of the Dutch Civil Code applies and demonstrable maintenance matters. If you rent, the tenant's liability section is needed for damage to the premises themselves. Neither point is standard and both belong expressly in the quote.
We subcontract the outdoor part. Who is liable?
The operator is liable for his own mistakes, but you can be held to account for the choice of party, the information given to participants and the organisation of the day. Check the permits, the briefings and the operator's policy schedule in advance, and report this part of the programme to your insurer; activities not disclosed can affect the payment.
A client reclaims the training budget.
That is a dispute about the quality of your performance and therefore pure financial loss, which is excluded on the AVB. Professional indemnity insurance does cover this type of claim, with the defence costs included. Limit the risk by speaking in quotes of a best-efforts obligation with learning objectives agreed in advance, and record evaluations in writing afterwards.
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