member services: artsource max FAq's
This level of membership provides all
the benefits of Artsource ACCESS and Artsource PLUS,
and adds an insurance package and free attendance to
Artsource workshops. The insurance package includes
the following:
- Public Liability $20,000,000 (increased from $10m from 1 March 2010)
- Products Liability $20,000,000 (increased from $10m from 1 March 2010)
- Professional Indemnity $5,000,000 (introduced from 1 March 2010)
- Tenants Liability $20,000,000 (increased from $10m from 1 March 2010)
- Property in Physical and Legal Control $100,000 (increased from $50k from 1 March 2010)
- Excess $250
Annual membership for individual
artists - $260
Q Why is this insurance
package so cheap when my existing public liability policy
costs around $800 per year? Do I get less cover or is
it an inferior product?
A The low cost is a result of Artsource holding the head policy as an umbrella for all MAX members. It is not an inferior product; it is a standard public and products liability policy specifically for professional visual artists and is issued through QBE Insurance.
Q Do I have to join Artsource
MAX by 1st March each year, or can I join later in the year?
A You can join Artsource MAX at any time during any
year. If you join during the year, we will work out
a part payment to take you through to the following 1st March.
Q Does this insurance cover me if I have incorporated into a company?
A The insurer, QBE, has provided a low cost cover on the basis that the artist is a sole trader who in most cases has a relatively low ‘risk profile’; it is not intended to cover partnerships or companies. There are other issues that need to be addressed that complicate insurance when it is a registered business; and more factors again if it is a company. Issues such as management liabilities which includes the legal obligations of directors and officers, employment practices issues where you have engaged staff, workers compensation responsibilities etc.
As a general answer, the MAX insurance will cover you if you are the sole trader of the business; it will cover you if there are two partners and you are both artists and both artists have MAX membership; and it will NOT cover a situation if there are two partners and one is not an artist. In general it will NOT cover you if a company is involved.
A conversation with the insurance broker is recommended to clarify your particular situation.
Q What does Public Liability insurance cover?
A This policy will protect you against any “Act of Negligence” on your part that causes injury to the public or damage to their property. For instance, you may leave an item of equipment lying on the floor of your workshop in a gangway and not put it away because you are going to use it shortly. If a visitor then trips over that piece of equipment, you could possibly be held liable in a court of law. If you are held liable, the policy will pay for both the damages awarded and the costs involved in fighting the case.
Q Does public liability insurance cover me or my artwork?
A No. Public liability is about damage or injury to the members of the general public. It does not cover damage or injury to the artist and it does not cover damage, theft or destruction of your artwork.
Q Is this insurance only for artists who do public art projects?
A No. The insurance package provides cover for the activities relating to the visual art practice of the individual artist as detailed on your Artsource membership form, including personal studio, exhibition of your work, a limited number of workshops and public art.
Q Why does the policy only cover six workshops per year?
A It will cover you for six workshops of no more than ten participants in any one year. Six workshops is considered an incidental part of your art practice; if you conduct more than six workshops, it is considered to be a separate profession. This policy does not cover your activities relating to any other profession you undertake; i.e. it will not cover you in your capacity as a part time lecturer or teacher or any administration position that you hold or any more than six workshops in a year.
Q I have an existing public liability insurance policy that expires later in the year. What should I do?
A Wait until the existing policy expires and then sign up for Artsource MAX. The insurance cover will take effect from your joining date and we will work out a part payment to take you through to the following 1st March.
Q I have a gallery at the front of my studio, does the insurance cover this?
A Yes, provided it is only your work on display or for sale.
Q What if there is some work from other artists is my gallery?
A If work from other artists is also on display, the other artists also need to be covered individually through the Artsource membership.
Q Will this insurance package cover a commercial gallery?
A No. The intention of this insurance package is to cover the activities of an individual’s art practice, not to cover commercial galleries. A gallery will need specific cover and other factors need to be considered by the insurance company.
Q The information states that the insurance will cover those members provided that there are no more than three persons involved in their business. What does this mean?
A This policy will cover situations where you enlist assistance (from up to two people) on a ‘one-off’ basis, for example to help install or create a work. It does not cover a situation where you employ two people to assist in the making of your product.
Q What does Professional Indemnity insurance cover?
A Loss arising from advice that you may give to anyone on a professional basis, which results in personal injury or property damage; this includes where there is a defect in the actual design of your artwork which results in personal injury or property damage. However you also have a responsibility to act reasonably and where there are matters that may fall outside of your expertise you should engage an appropriately qualified expert for assistance. So, as an example, if you have created an artwork which will be fitted to the side of a building it may be necessary to consult an engineer to determine the correct style and size of fastners that should be used to fix the artwork to the wall.
Q If I make an artwork that a client expects will attract lots of visitors who will pay an entry fee or use other services associated with the project, and the client sues me for loss of income because it does not attract the visitors or the income, does this policy cover me?
A No. This policy only covers loss that results in personal injury or property damage only; not loss of income.
Q As the designer & maker of an artwork I am required to advise on issues such as: is it structurally sound? could it cut or damage someone or something? are the hanging points safe? Does this Professional Indemnity cover me in this situation?
A In part. This insurance will cover loss that results in personal injury or property damage, that occurs from advice you have provided. Where there are matters that may fall outside of your expertise you should engage an appropriately qualified expert such as an engineer for assistance.
Q I am an Art Consultant. Will this Professional Indemnity cover me?
A No. The risk profile for art consultants is different than the risk profile of an artist. Art consultants may be advising on the acquisition of artworks as an investment. If the recommended works do not increase in value but in fact decrease from the original purchase price there may be a claim for financial loss. This type of financial loss, because it has not resulted from personal injury or property damage is not covered under the artsource MAX members policy.
Where you have a business advising on or valuing artworks or curating art collections a specific Professional Indemnity policy should be purchased.
Q I am the consulting artist on a project. Will this Professional Indemnity cover me?
A In part. This insurance will cover loss that results in personal injury or property damage, that occurs from advice you have provided. It will not cover loss of income or punitive damages.
|
