"And for this next trick, I'll need a volunteer from the audience!" Many of you have probably heard something of the like during a performance, but does a Commercial General Liability (CGL) policy cover audience participation?
To put it simply, your coverage is for you while performing on another's premises. You are protected in scenarios such as injuring an audience member, damaging property, or even offending someone. However, there is no coverage for athletic participation from an audience member. From jumping rope to climbing on an aerial apparatus, juggling knives to operating a chainsaw, or walking on stilts to swimming in a mermaid tank. An audience member should also never get on or use your equipment.
Example #1: A magician brings an audience member on stage to do help with a magic trick. He tells the audience member to "Pick a card, any card!" This level of participation is okay.
Example #2: After changing her apparatus during a performance, an aerialist asks an audience member to join her on stage. She then directs the volunteer to get on her equipment. That is considered athletic participation, and should any claims arise, they would not be covered.
Example #3: A juggler wows the crowd, and after his performance he announced that there will be a free juggling lesson with scarves for kids! This level of participation is okay.
It's important to make sure you're protecting yourself as a performer. After all, this is your name, your career. While many acts use audience volunteers, keep in mind what you may be liable for should something go wrong.
Please note, everything we've mentioned should be used as guidelines. It's important to remember that all claims results are determined by a claims examiner (a disinterested third party), not Specialty Insurance Agency. If you have questions about the audience participation in your act, please reach out to our office and our team is happy to help answer questions!
