Brian wrote:
How many levels of liability protection does your
group have? Our group,
Queen City Contras (Burlington, Vermont), is considering
paying a lawyer for
some details on this matter. Here's what I have gathered so far:
I'm the chairman of the board of Bay Area Country Dance Society, a 501(c)(3)
nonprofit corporation in the San Francisco Bay area.
There seem to be at least 4 levels of legal
protection:
-General Liability Insurance.
We have that. (We used to insure through the Folkdance Federation, then
through CDSS, and now we go through a policy that was pretty much designed for
karate schools. That covers our several different display dance (border,
sword, morris) teams pretty well while still working for public dances and not
being limited to covering members.
-Forming a corporation, so the corporation is liable,
not the individual
members.
That happened about 1982, although I think it was done primarily to provide
nonprofit cover for the Mendocino Woodlands dance camps (which have now all
moved away from the Mendocino Woodlands, but continue in new venues).
-Officers & Directors Liability Insurance (to
protect the officers,
directors, etc.)
We looked into having the organization pay for that some years ago and found it
stunningly expensive at that time. Our directors (including me) who are
worried about this can get fairly inexpensive riders on their homeowner's
coverage to address this.
-Workers' Compensation Insurance (to protect
against a suite from a
"volunteer," who is legally an employee because
she/he is compensated by
receiving free/reduced admission, etc.).
As far as I know we've never even considered doing this. I would guess that it
would not be cheap.
For a different organization which has not incorporated, we had a chat with a
lawyer in the early 1990s. He thought it wasn't worth our while to incorporate
for purposes of liability protection, because if we were seriously negligent,
it would be possible to "pierce the corporate veil" and come after us
individually. The best protection against liability for negligence, he advised
us, was _not to be negligent_, and to make sure we did our best to operate in a
safe manner.
(So we do, but I didn't find that entirely comfortable. I'm the house caller
for this other organization, and I've carried caller's insurance for years.)
-- Alan
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Alan Winston --- WINSTON(a)SSRL.SLAC.STANFORD.EDU
Disclaimer: I speak only for myself, not SLAC or SSRL Phone: 650/926-3056
Paper mail to: SSRL -- SLAC BIN 99, 2575 Sand Hill Rd, Menlo Park CA 94025
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