Legal Issues

[RebeccaC]

I've been working with a group of friends trying to take an existing theatre company and make it "official". They have no legal status, no financial accounts (and apparently no accounting) so it's been an uphill process. The company has been performing for seven years but completely under the radar. The creative director wants to make it a legal company but doesn't want to stop performing in the meantime.

My question is this, if I were to actually work a show as their stage manager, how liable would I be if one of the performers were hurt during the course of the show if I were to render first aid? My belief is I would not be covered by Good Samaritan laws since I was acting in an official capacity as the stage manager and I'm also uncertain if my role as a first responder with my local fire department would complicate matters. The performers have signed waivers saying they would not hold the theatre company responsible for injury but since the theatre company doesn't legally exist, I don't think those waivers would hold up in a court of law. 

[loebtmc]

What do you mean by "doesn't legally exist." If they are doing shows, they exist. Is anyone being paid (even a stipend?) Does the audience pay for tickets? Are they performing in people's living rooms or in proper theaters. Most extant spaces have insurance and/or workers comp (or negotiate that when rented) so you may not need to worry. And many companies come together without any formal legal structure - especially self-produced stuff.

I could suggest the entire company take a First Aid course so everyone becomes a first responder (after all, you are in the booth, if something happens others will be able to get there faster) - and just because you are the SM doesn't mean you are responsible by default. I am not a lawyer, but I do think the Good Samaritan laws would kick in (tho those vary by state, so you would need to investigate).

[KMC]

If they're not "official" as you put it, I doubt they have any sort of liability insurance.  And I doubt they are paying payroll taxes or paying into any sort of Workers' Compensation plan (these vary by State).  Liability is a tricky subject in normal circumstances, and this specific situation is quite murky.  I doubt anyone who posts here has experience in liability or tort law (if you do, please specify).  Be wary about legal advice you receive anywhere on the web as even if the person is an expert, tort law varies by State. 

If you're concerned about your personal liability in the event of an accident I'd recommend you consult an attorney.

[RebeccaC]

You're right, it's all pretty murky. I didn't say this earlier but this is company that does burlesque and vaudeville. Some of the acts have more risk then others, trapeze act, strong man, sword swallower and the like, which is why I want to be very clear where our liabilities lie and what the risks are. We've contacted a lawyer but the creative director doesn't want to wait to hear what they have to say, he wants to perform like he's been doing. The rest of the newly formed management team (including myself) are urging him to wait until we have better answers and go from there.

As far as I can tell, our creative director has never negotiated with a venue for coverage and the like. In fact, he hadn't even thought about it until I asked him about how he covered liability issues. They've also never had a stage manager before (lucky me!) and things are quite a bit loosey goosey backstage so it's been a learning experience to say the least.

[KMC]

If you are currently or will be on the board of directors or in a senior management position once the company is formed there is the potential for increased liability as well.  How is the company being registered?  If it's going in as a non-profit certain provisions of Sarbanes-Oxley will apply, though the bulk of this legislation applies only to public companies.  Again I doubt anyone here is an expert in that, and I certainly don't know if any of the relevant SarbOx provisions would apply to you or not.

It may be prudent to seek independent advice.  It seems your creative director is wearing blinders and focused solely on the performances.  Sometimes people wearing blinders can distort or omit information that may prevent or inhibit reaching their goal.

[Rebbe]

I’m glad to hear your company is seeking legal advice, since you really need a professional’s opinion on the liability questions.

I don’t have any legal answers, but I would suggest you trust your gut.  You seem, understandably, uncomfortable with the level of safety, and the uncertainty surrounding what would happen in the event of an accident.  You have the option of telling the creative director you will not attend rehearsals until these issues are cleared up.  If the rest of the management team can back you up on this, framing it in terms of a professional company needing to operate to certain standards, all the better. 

Can you get a specific timeline from the attorney the company is consulting, as to when they can get you some answers?  Maybe the director will be more reasonable if he knows that he will be waiting three days, rather than three weeks. 

I think KMC’s advice to seek independent counsel is wise.  If you’re worried about the expense, ask around among your family, friends, and colleagues, and someone may be able to recommend a lawyer who could answer enough of your questions for you to feel comfortable.   

[loebtmc]

you can sometimes get lawfirms to trade services for good deeds - many big firms have requirements for their members to donate time or money to worthy causes  esp if you are a nonprofit - this can be their donation to the arts - good luck! (or, break a money clip)