| D.A.R.B. Insurance Services, Inc. |
| 805.527.0645 |
| 805.527.0961 |
| Affordable Friendly Service for a Lifetime of Knowledgeable Protection! |
Entertainment Risks
Errors and Omissions Liability Insurance
This is a form of professional liability for producers and/or distributors. It
media risks that include: libel, slander, invasion of privacy, infringement of
copyright, unauthorized use of names, trade names, service marks, titles,
formats, ideas, characters, character names, characterizations, plots,
musical compositions, performances, slogans, program material or any
similar material, a breach of implied or implied-in-fact contract arising out of
the alleged submission of any literary, dramatic, musical or other similar
material, and/or breach of trust and confidence arising out of any such
submissions. Additionally, the title of a production could violate a protects
the named insured from claims that arise from a wide variety of third-party
trademark, and an accidental failure to obtain consent or a proper license
could spark a lawsuit. For this reason, most insurance companies will
require a title clearance before issuing an E&O policy.
As such, an E&O policy is often required for television sales and/or
broadcast contracts, since defense costs associated with E&O lawsuits can
be staggering.
For more information on script and title clearance, please click here
Click here for an E&O application
Click here for a Multimedia E&O application
This is a form of professional liability for producers and/or distributors. It
media risks that include: libel, slander, invasion of privacy, infringement of
copyright, unauthorized use of names, trade names, service marks, titles,
formats, ideas, characters, character names, characterizations, plots,
musical compositions, performances, slogans, program material or any
similar material, a breach of implied or implied-in-fact contract arising out of
the alleged submission of any literary, dramatic, musical or other similar
material, and/or breach of trust and confidence arising out of any such
submissions. Additionally, the title of a production could violate a protects
the named insured from claims that arise from a wide variety of third-party
trademark, and an accidental failure to obtain consent or a proper license
could spark a lawsuit. For this reason, most insurance companies will
require a title clearance before issuing an E&O policy.
As such, an E&O policy is often required for television sales and/or
broadcast contracts, since defense costs associated with E&O lawsuits can
be staggering.
For more information on script and title clearance, please click here
Click here for an E&O application
Click here for a Multimedia E&O application
Completion Bonds
A Completion Bond is a financial instrument that guarantees that a film will
be finished and delivered on time per a specified script and budget. If the
director and/or producer fails to do so, the bond company will step in to
complete the production. In the event a production is abandoned, the
completion guarantor will fully repay all sums invested in the film by the
bank or financiers.
A producer generally secures a completion guaranty for the benefit of the
bank or other financiers who agree to make the necessary production
funding strike price available to the producer. In general, a completion
guaranty assures banks and financiers that the producers will complete and
deliver the film in keeping with the screenplay, budget and production
schedule that the bank or financiers have pre-approved.
The strike price is the amount that the completion guarantor believes
necessary for the completion and deliver the film. The strike price will
generally comprise (1) the budgeted “above the line” and “below the line”
production costs, including fringes and insurance costs; (2) interest and
financing costs, if applicable; (3) the completion guarantor’s fee; and (4) the
contingency allowance. For the completion guaranty to be effective, the full
amount of the strike price must be made available for production of the film.
A producer does not necessarily have to prove to the bond company that all
production personnel are experienced or that he/she will have experienced
people on the production-- although this would give comfort to the bond
company, and make the likelihood of qualifying for a bond greater.
Talent Agency and Casting Director Bonds
If you are a talent agent, the state will require you post a surety bond in
order to obtain a license. In California, the bond penalty is $50,000.00.
If you are a Casting Director that holds workshops for actors in exchange
for compensation, you may also have to post a bond.
Click here for a Bond application
A Completion Bond is a financial instrument that guarantees that a film will
be finished and delivered on time per a specified script and budget. If the
director and/or producer fails to do so, the bond company will step in to
complete the production. In the event a production is abandoned, the
completion guarantor will fully repay all sums invested in the film by the
bank or financiers.
A producer generally secures a completion guaranty for the benefit of the
bank or other financiers who agree to make the necessary production
funding strike price available to the producer. In general, a completion
guaranty assures banks and financiers that the producers will complete and
deliver the film in keeping with the screenplay, budget and production
schedule that the bank or financiers have pre-approved.
The strike price is the amount that the completion guarantor believes
necessary for the completion and deliver the film. The strike price will
generally comprise (1) the budgeted “above the line” and “below the line”
production costs, including fringes and insurance costs; (2) interest and
financing costs, if applicable; (3) the completion guarantor’s fee; and (4) the
contingency allowance. For the completion guaranty to be effective, the full
amount of the strike price must be made available for production of the film.
A producer does not necessarily have to prove to the bond company that all
production personnel are experienced or that he/she will have experienced
people on the production-- although this would give comfort to the bond
company, and make the likelihood of qualifying for a bond greater.
Talent Agency and Casting Director Bonds
If you are a talent agent, the state will require you post a surety bond in
order to obtain a license. In California, the bond penalty is $50,000.00.
If you are a Casting Director that holds workshops for actors in exchange
for compensation, you may also have to post a bond.
Click here for a Bond application
Commercial General Liability
Film producers need this protection for any liabilities incurred to others
arising out of their operations. This contract protects them for their liabilities
for unintentional bodily injury and property damage. In other words, it
provides coverage for claims of bodily injury and/or property damage arising
out of the filming of a picture. This coverage is required prior to filming on
city and state roads or for any locations that require permits and/or
certificates. Bodily Injury to Cast and Crew is not covered here and should
be covered by a separate Workers Compensation policy. This policy also
excludes property damage to property involved with the production,
automobile liability, large watercraft liability, & aircraft liability. These
exposures can be insured with other specific policies such as equipment
floaters, bailee insurance, and/or fire insurance.
Click here for a Commercial General Liability application
Rental Houses commonly request a Certificate of Insurance providing
proof that they are named as Additional Insured on the Production
Company's General Liability policy. Locations, studios, and landlords will
also usually request a Certificate of Insurance naming them as Additional
Insured, as they are concerned about Property Damage that you might do
while on their property.
Excess or Umbrella Liability
Film production can often require liability coverage in excess of the limits
provided by a primary General Liability policy. Most entities requiring proof
of liability want a $1,000,000 limit, but some locations will often require
higher limits. An Excess or Umbrella policy can provide an insured with
higher substantial limits.
Non-Owned and Hired Auto
This coverage protects the film producer and/or producers from any
liabilities that arise out of the use of automobiles that are rented, leased or
non-owned- including grip trucks. Non-Owned Auto additionally provides
coverage, if you are sued as a result of damage caused by an employee
during the course and scope of company business. Physical damage to
hired vehicles can also be covered.
Theatrical Property and Equipment Floaters
This is considered a form of inland marine coverage.
Equipment Floaters can cover props, scenery and costumes for a specified
production, identified on the declarations page of a policy. An additional
coverage available here is any theatrical property which is in the named
insureds care, custody or control, and/or on which the insured has made a
partial payment. This form does not cover vehicles, buildings, jewelry, theft
in an unlocked car, unexplained disappearances, or property being
transported illegally. It does cover open perils.
Click here for an Equipment Floater application
Negative Film and Videotape Coverage
This insurance provides open peril coverage for exposed motion picture
film, soundtracks, video tapes, and/or magnetic tapes. It covers all risks of
physical loss or damage to the negative film and indemnifies the Production
Company for the extra expenses incurred in re-shooting the lost or damaged
material. This coverage basically covers "external" damage to the film and
specifically excludes loss from faulty materials, cameras, processing, etc. It
does not cover unused footage, cut-outs, positive prints and/or library
stock. It also excludes deterioration due to atmospheric dampness, use of
developing chemicals, and exposure of negative film to light.
Faulty Stock
The Faulty Stock coverage is usually excluded from the Negative / Videotape
coverage and added back as a separate endorsement. The Faulty Stock
endorsement provides coverage for loss or damage caused by the following:
Fogging; the use of faulty materials; Faulty cameras or videotape recorders;
Faulty sound equipment or soundtracks; Faulty developing or processing;
and Destruction due to the accidental exposure to light.
Extra Expense
Extra Expense Reimburses the Production Company for any additional costs
associated with the completion of principal photography due to the loss of,
damage to, or destruction of property and/or facilities (props, sets, wardrobe
or equipment) used in connection with the production.
Third-Party Property Damage
Property Damage Liability Insurance covers loss, and/or damage to the
property of others-- including the loss of use of that property-- under your
care, custody or control. Coverage does not apply to any property rented or
leased that may be covered under props, sets, or wardrobe; or
miscellaneous equipment insurance.
Cast Insurance
Cast Insurance provides coverage for additional expenses to complete
principal photography in the event of a necessary abandonment or if there
are aborted costs. This could result if an insured actress, actor, animal or
other declared person cannot begin, continue or complete their duties as a
result of death, injury or sickness. Insured individuals are initially covered
for accident only, until such time as they are medically examined and/or
complete a medical questionnaire. If the actor and/or declared individuals
qualify, based upon the medical examination and questionnaire, the
coverage will be extended. Additional coverages can include kidnapping
and/or ransom. Cast insurance normally begins four weeks prior to the first
day of principle photography. However, additional time can be purchased in
the form of Extended Pre-Production Cast Coverage.
Film producers need this protection for any liabilities incurred to others
arising out of their operations. This contract protects them for their liabilities
for unintentional bodily injury and property damage. In other words, it
provides coverage for claims of bodily injury and/or property damage arising
out of the filming of a picture. This coverage is required prior to filming on
city and state roads or for any locations that require permits and/or
certificates. Bodily Injury to Cast and Crew is not covered here and should
be covered by a separate Workers Compensation policy. This policy also
excludes property damage to property involved with the production,
automobile liability, large watercraft liability, & aircraft liability. These
exposures can be insured with other specific policies such as equipment
floaters, bailee insurance, and/or fire insurance.
Click here for a Commercial General Liability application
Rental Houses commonly request a Certificate of Insurance providing
proof that they are named as Additional Insured on the Production
Company's General Liability policy. Locations, studios, and landlords will
also usually request a Certificate of Insurance naming them as Additional
Insured, as they are concerned about Property Damage that you might do
while on their property.
Excess or Umbrella Liability
Film production can often require liability coverage in excess of the limits
provided by a primary General Liability policy. Most entities requiring proof
of liability want a $1,000,000 limit, but some locations will often require
higher limits. An Excess or Umbrella policy can provide an insured with
higher substantial limits.
Non-Owned and Hired Auto
This coverage protects the film producer and/or producers from any
liabilities that arise out of the use of automobiles that are rented, leased or
non-owned- including grip trucks. Non-Owned Auto additionally provides
coverage, if you are sued as a result of damage caused by an employee
during the course and scope of company business. Physical damage to
hired vehicles can also be covered.
Theatrical Property and Equipment Floaters
This is considered a form of inland marine coverage.
Equipment Floaters can cover props, scenery and costumes for a specified
production, identified on the declarations page of a policy. An additional
coverage available here is any theatrical property which is in the named
insureds care, custody or control, and/or on which the insured has made a
partial payment. This form does not cover vehicles, buildings, jewelry, theft
in an unlocked car, unexplained disappearances, or property being
transported illegally. It does cover open perils.
Click here for an Equipment Floater application
Negative Film and Videotape Coverage
This insurance provides open peril coverage for exposed motion picture
film, soundtracks, video tapes, and/or magnetic tapes. It covers all risks of
physical loss or damage to the negative film and indemnifies the Production
Company for the extra expenses incurred in re-shooting the lost or damaged
material. This coverage basically covers "external" damage to the film and
specifically excludes loss from faulty materials, cameras, processing, etc. It
does not cover unused footage, cut-outs, positive prints and/or library
stock. It also excludes deterioration due to atmospheric dampness, use of
developing chemicals, and exposure of negative film to light.
Faulty Stock
The Faulty Stock coverage is usually excluded from the Negative / Videotape
coverage and added back as a separate endorsement. The Faulty Stock
endorsement provides coverage for loss or damage caused by the following:
Fogging; the use of faulty materials; Faulty cameras or videotape recorders;
Faulty sound equipment or soundtracks; Faulty developing or processing;
and Destruction due to the accidental exposure to light.
Extra Expense
Extra Expense Reimburses the Production Company for any additional costs
associated with the completion of principal photography due to the loss of,
damage to, or destruction of property and/or facilities (props, sets, wardrobe
or equipment) used in connection with the production.
Third-Party Property Damage
Property Damage Liability Insurance covers loss, and/or damage to the
property of others-- including the loss of use of that property-- under your
care, custody or control. Coverage does not apply to any property rented or
leased that may be covered under props, sets, or wardrobe; or
miscellaneous equipment insurance.
Cast Insurance
Cast Insurance provides coverage for additional expenses to complete
principal photography in the event of a necessary abandonment or if there
are aborted costs. This could result if an insured actress, actor, animal or
other declared person cannot begin, continue or complete their duties as a
result of death, injury or sickness. Insured individuals are initially covered
for accident only, until such time as they are medically examined and/or
complete a medical questionnaire. If the actor and/or declared individuals
qualify, based upon the medical examination and questionnaire, the
coverage will be extended. Additional coverages can include kidnapping
and/or ransom. Cast insurance normally begins four weeks prior to the first
day of principle photography. However, additional time can be purchased in
the form of Extended Pre-Production Cast Coverage.
The Right of Publicity
The right of publicity makes it unlawful to use a person's identity for
commercial advantage without permission. In recent years, that right has
grown to encompass the potential misappropriation of voice, performance
style, as well as former names.
For example, a country club sponsors a golf tournament that is attended by
celebrities. Their PR person takes photos of the celebrities for future use in
the club’s promotional literature. One of the celebrities sues for royalties on
the basis of violation of his right of publicity. Or, a corporation hires a singer,
who sounds similar to a popular country singer, to sing the theme for its new
advertising campaign. The company, unfortunately, does not secure the
rights from the singer to use the “likeness” of his voice in its campaign. The
country singer eventually sues the company for violation of his right of
publicity. A good media liability program will protect the insured in situations
such as this.
The right of publicity makes it unlawful to use a person's identity for
commercial advantage without permission. In recent years, that right has
grown to encompass the potential misappropriation of voice, performance
style, as well as former names.
For example, a country club sponsors a golf tournament that is attended by
celebrities. Their PR person takes photos of the celebrities for future use in
the club’s promotional literature. One of the celebrities sues for royalties on
the basis of violation of his right of publicity. Or, a corporation hires a singer,
who sounds similar to a popular country singer, to sing the theme for its new
advertising campaign. The company, unfortunately, does not secure the
rights from the singer to use the “likeness” of his voice in its campaign. The
country singer eventually sues the company for violation of his right of
publicity. A good media liability program will protect the insured in situations
such as this.
| Are you looking to insure your production? We offer both short term production packages as well as annual DICE and Foreign Production policies. Please contact us for a quote or more information! Or remit an application click here |
Workers Compensation for Production
This type of insurance is required by states law. If an employee is injured
during the course of employment, coverage pays for hospitalization, doctor
bills, disability benefits and/or death benefits. Certain States will also
require a minimum amount of days to be covered annually on a policy- even
if those days the exceed the days of principal photography. The state of
California, for example, requires a minimum of 60 days of coverage.
Additionally, all unions will require producers to carry workers
compensation insurance for the duration of the production.
Click here for a Workers Compensation application
Click here for more specific information on Workers Compensation
This type of insurance is required by states law. If an employee is injured
during the course of employment, coverage pays for hospitalization, doctor
bills, disability benefits and/or death benefits. Certain States will also
require a minimum amount of days to be covered annually on a policy- even
if those days the exceed the days of principal photography. The state of
California, for example, requires a minimum of 60 days of coverage.
Additionally, all unions will require producers to carry workers
compensation insurance for the duration of the production.
Click here for a Workers Compensation application
Click here for more specific information on Workers Compensation
Custom Search
Special Events and Theatrical Productions
If you are planning a special event, concert, or theatrical performance, the
venue you choose may require that you purchase insurance, and be named as
an Additional Insured. We offer special events packages that can include
third-party property damage, general liability, accident, liquor liability,
workers compensation as well as rented equipment and props. We will tailor a
package to suit your special events specific needs.
Click here for a Special Events application
If you are planning a special event, concert, or theatrical performance, the
venue you choose may require that you purchase insurance, and be named as
an Additional Insured. We offer special events packages that can include
third-party property damage, general liability, accident, liquor liability,
workers compensation as well as rented equipment and props. We will tailor a
package to suit your special events specific needs.
Click here for a Special Events application
| D.A.R.B. Insurance Services, Inc. |
| 805.527.0645 |
| 805.527.0961 |
| Affordable Friendly Service for a Lifetime of |
 | |  | |  | |  | |  | |  | |  | |  | |  | |  |
