F60
Is Public Liability Necessary For Swingers' Parties
January 29 2015
Comments
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RHP User
11 years ago
I would say that you would be covered by the venues public liability cover. I know in some states it is illegal to profit from sexual activities so better get yourself clued up in that. I know a guy who attended a gang bang that was raided by the police. His wife is super cool though and sprung him out of jail. ;-)
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QLDtwo4fun
11 years ago
Whether you see it as a NFP enterprise or not it's unlikely that your enterprise will be registered as a NFP entity. Even as an NFP entity undertaking an activity, say a local meals on wheels, you are required by funding bodies to have appropriate insurance. While the venue may have PL insurance it's PL insurance may not cover you for unauthorised activities, and if your in a state where sex on premises commercial activities are illegal, the venues PL insurance certainly won't cover you. Think of what activities may take place at your party, is there a spa, a swing, etc if you are concerned, seek legal advise.
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DynamicCouple36
11 years ago
If you are charging a fee you will need to get a sex on premises licence, which is very hard to get as the conditions are extremely strict . Without the licence you will be running an illegal party and any liability insurance would be null and void and would not pay out in the case of a claim. - Posted from rhpmobile
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Paradisepair
11 years ago
If money changes hands... It's a good question though IF you were in the right state with the right laws and IF you were running it as a business and not a party with donations... What happens if someone caught an std at your party? Who would insure those risks?
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Smilingwithfun
11 years ago
You also will probably fall foul of Local Govt laws. The zoning of the hall may not permit such activities. The Local Laws may not allow such activities anywhere in the Town boundaries. You would need to check this out as Public Liability Insurance may not cover you in the event that it falls outside Local Zoning Laws. If you where to hold it on private property you negate a lot of the issues. Hire a Marquee. Just a thought.
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RHP User
11 years ago
Hmm, you may want to take some public liability insurance out out for the event....to cover yourself as the event organiser. If anything goes wrong and someone looks to make a claim, which may come from an attendee at the event or even the Council itself to recoup any damages made to their building. Councils have Public Liability insurance that cover their buildings but they make event organisers submit PL insurance along with their application to hire the venue and sometimes a Risk Management Plan. This helps tick the due diligence box. It's maybe easier if you're an Incorporated organisation. ng one and may warrant further looking into(if it's sex related), assuming this is some kind of 'sex party'? You may want to consider addressing risk management at the event by providing 'security', water, condoms? people trained in responsible service of alcohol etc - so you at least have an escape avenue for a negligence claim later. LGA's consider these mandatory for many events. A bit complex and seemingly over the top huh, all this is done on the worst case scenario.
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On_Safari
11 years ago
I suggest you Network. Maybe talk to Rigguy (I don't know him btw) but he holds swingers weekends on his property at the Sunshine Coast not sure how you'll find him maybe someone else could help you there. Apart from that.....I'd hire a private out of the way farmlet or homestay and be very select in how you promoted it and even more select in who you gave the details, location and dates to. As for the WH&S and 3PL make sure you have plenty of plastic sheets, prophylactics, lube, clean towels and finger food you can trust and understanding from all party goers that safety and respect come first. Just my 2 bobs worth, good luck with it Indy
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Glamfan
11 years ago
The venue I'm looking at is a privately owned holiday rental house out of town (but easy to find). I will provide condoms and lube, but not alcohol - it's BYO. Will provide water and finger food. Will also provide sheets, towels and soap. I wanted to ask for a contribution fee, not a 'cover charge'. I also hold a current first aid certificate. Any party I've ever been to has been respectful and no idiots, anyway. In light of the premises being a private out of town holiday cottage, people might just be covered by the property owner's PL?
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QLDtwo4fun
11 years ago
We go to a few different parties and we have never asked about there insurance. But I like to live dangerously, is swim at isolated beaches, I ride motor bikes, and I run with scissors. I am happy to accept the consequences of the risks I take. Maybe I don't really run with scissors.
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gazpacho
11 years ago
Can you imagine some of the claims? I slipped and fell on an unprotected stiffie your honour.... Hugs Gaz
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QLDtwo4fun
11 years ago
The most common one I've seen: beds collapsing - nil injuries. Fall from swing x 2 - head injuries ambulance required. Fall around spa x 1 - head injuries ambulance required. Standing on bead, head hit by ceiling fan - luckily nil injury. Some of those would make it hard to hide the nature of the event, and if the underlying event is illegal in your state any PL insurance would be nullified.
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On_Safari
11 years ago
Quoting 'Glamfan' The venue I'm looking at is a privately owned holiday rental house out of town (but easy to find). I will provide condoms and lube, but not alcohol - it's BYO. Will provide water and finger food. Will also provide sheets, towels and soap. I wanted to ask for a contribution fee, not a 'cover charge'. I also hold a current first aid certificate. Any party I've ever been to has been respectful and no idiots, anyway. In light of the premises being a private out of town holiday cottage, people might just be covered by the property owner's PL?People would take responsibility for an accident and not require anything like a personal liability insurance. I mean seriously how would all the private house parties be if they worried about that stuff? No one would be swinging that's for sure. You nor your guests are selling sex and you aren't profiteering from it just covering expenses. That's not unreasonable added to ehich you would hold a record of the attendees consent and enquiry to attend the function. I guess at the bottom of your event add you put NB: Participation in this event releases all persons/organisers and guests from any liability due to any injury suffered/sustained/experienced whilst participating in any activity on said premises. Whilst all forseeable hazards have been identified and measures put in place to counteract any personal or property damage all attendees enter and play at own risk. How's that?
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Glamfan
11 years ago
Quoting 'On_Safari' Quoting 'Glamfan' The venue I'm looking at is a privately owned holiday rental house out of town (but easy to find). I will provide condoms and lube, but not alcohol - it's BYO. Will provide water and finger food. Will also provide sheets, towels and soap. I wanted to ask for a contribution fee, not a 'cover charge'. I also hold a current first aid certificate. Any party I've ever been to has been respectful and no idiots, anyway. In light of the premises being a private out of town holiday cottage, people might just be covered by the property owner's PL?People would take responsibility for an accident and not require anything like a personal liability insurance. I mean seriously how would all the private house parties be if they worried about that stuff? No one would be swinging that's for sure. You nor your guests are selling sex and you aren't profiteering from it just covering expenses. That's not unreasonable added to ehich you would hold a record of the attendees consent and enquiry to attend the function. I guess at the bottom of your event add you put NB: Participation in this event releases all persons/organisers and guests from any liability due to any injury suffered/sustained/experienced whilst participating in any activity on said premises. Whilst all forseeable hazards have been identified and measures put in place to counteract any personal or property damage all attendees enter and play at own risk. How's that? I think that is a FANTASTIC idea. Now, let's just book the venue and be damned!
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mikesplace01
11 years ago
As a defined event........a swingers party. You will not be covered at all by the venues insurance cover.. Even holding regular events at your home you are not covered for this type of defined event, weather being run as a business or not. If you promote it and someone is injured, you'r it. You will need to inform the venue in writing and receive written confirmation of the fact that you are having a Swingers party......if you receive this you may be covered by their public liability policy or you may have to pay a fee to be covered......similar to a hire car. We pay 12K a year for public liability cover. It's not cheap but covers us for upto $200 per claim. You only need one claim and its paid for. We went to a party at the penthouse of the ANA at Surfers years ago. One young lady had an argument with her man and threw a class of Moët at him, he ducked and it hit a painting that was an original and worth a fortune. It was ruined and written off by the insurance company. The guy that booked the $2500 a night room was hit with a 6 figure bill from the insurance company. Luckily he was well of himself but spent 10 years paying it off. That wasn't personal injury. But an example.....u just don't know what, when or how can go wrong. All you can do is cover yourself. If u open a club, as we did, it's the set up cost and hidden costs like this, that are , along with having to meet all the appropriate Australian Standards ( and there are many....its mind boggling) that are the reason we charge an entry fee. Like all business we have to comply or say goodbye. Not having a whinge, as we' re doing ok........but when dicks come in to the club and do a quick head count or worse recruit from your business and extrapolate that into how much they can make from running a party from home or an apartment. Without thought of business and the associated expenses and costs ( hidden or other). Well let's say they are like a lawyer defending themselves. People hosting parties at home or in appartments etc. really do run a huge risk of loss unless you obtain an amendment , as a defined event, to your or their policy. Worst scenario someone could loose their home, business or more. The risk is , any ones to take. But please do it right or seek professional advice. To cut a short story long.......be informed.
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mikesplace01
11 years ago
You can't contract yourself out of a statutory requirement. That's like Coles saying enter at your own risk......workplace health and safety will sue jointly and severely......really seek legal advice.
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