Holding Events – Legal Guide and Template
Holding events is a big deal, which is why savvy organizers rely on a trusted event terms and conditions template to regulate their contracts and activities.
Holding an event is slightly the opposite of hosting one. In hosting an event, you provide the equipment needed using your resources. But when holding an event, you claim ownership of the entire event and take full responsibility for its occurrence. Holding events requires some external assistance to put things together.
For you or your organization to hold an event, there are legal procedures to follow and things to take into consideration. Holding an event or being responsible for its occurrence isn’t the only thing that matters, but taking the necessary steps to make it successful is what counts.
In this legal guide to holding events, we explain the legal obligations you might encounter as you plan for your event. This article also includes an even terms and conditions template that you can employ when contracting for event holding.
Do I need a permit from my local council or any other authorities for my event?
Of course! Every local council has a council-specific permit that allows you to hold an event without infringing on any rights. It is also advisable that you check with other authorities too, to see whether you require specific permits like liquor licenses and liquor regulation before running the event. There are the permits that your local community might need before holding an event and also the duration it will last. This will all depend on:
- The kind of event
- The activities that will take place
- The type of facilities that will be provided to the sponsors and participants including the type of goods or services. Such as food, alcohol, merchandise, and gaming), and
- The particular requirements of the relevant local council and other authorities.
Some activities generally require permits or licenses. They include:
- Setting up a temporary structure or using a venue for a purpose it is not designed for.
- Holding an event on council or other public lands.
- Displaying signs and banners.
- Playing live or recorded music
- Using an open flame, fireworks, or closing a road or footpath.
- Serving food and alcohol to the public
Also, you can identify both local, state, or federal permits, licenses, and registrations that are important to your event, by accessing your local small business administration portal. Though it was set up for small businesses, it is also helpful for people involved in community organizations to work out some of the permits, licenses, or registrations your organization may need. It is also a good idea for your community organization to contact the relevant local councils directly.
These councils have go-to officers that can provide your organization with the necessary information (which is available on their website) about permits, venue availability, public liability insurance requirements, selling food or alcohol, and other issues associated with your event.
Also, depending on your size and kind of event, some local councils will ask for a risk management plan, and provide a detailed event planning guide to help you through the process.
What you should consider when hiring a venue or equipment?
You should note that an agreement to hire a venue or equipment is a legally enforceable contract. You should carefully study the terms and conditions of the contract and be sure that your organization will comply with it.
They should also be aware of the terms and conditions attached to insurance, liability indemnity, and your organization’s obligation to repair or replace any damage to the equipment or property. You should seek legal advice if you find the terms of a hire agreement hard to understand, or if it forces a financial obligation on your organization.
Copyright, marketing, and promotions
If there are laid down plans to broadcast, communicate, or perform a recorded music/music videos at your event publicly, then you may be required to get a license similar to the US Music Modernization Act license. It is a music rights organization that shows copyright in both the song and recorded version of the musical work.
For you to market your event, you should be sure that you have the necessary permissions if you’re making use of photographs, videos, and text. This is also applicable if you’re using any of these materials for your online forum or social media forum. You need permission from the copyright owner for materials that have been created by someone else.
For information about when permission is required and how to request permission to use a copyrighted work, you need to refer to your local copyright agency. Here’s the website of the US Copyright agency.
Event insurance
As the holder of the event, your community organization needs to take out public liability insurance, especially if your event will be held on council or public land. Often, the owners of the land or the venue you wish to hire will insist that your community organization have public liability insurance of at least $5 million.
Revert to your council for further information as they may ask that you list them in your policy as an ‘interested party’, and also request for a copy of the policy before permitting you to hold your event.
There may also be a range of insurances that your organization may be required to get or may need to consider:
- A product liability insurance, if you’re selling food or other products to the public
- Personal accident insurance, if it is volunteers that will help with your event
- A worker’s compensation insurance, if your workers are to be the ones handling the event, and
- An agreement with your independent contractors. This agreement specifies the insurance cover you need your independent contractors to have in place
Legal obligations surrounding event safety
To make sure that your event is safe, your organization will have to have a legal obligation. They owe it to the people involved in organizing the event and anyone who attends the event. It is a general thing for the organizers of an event to owe a duty of care to participants in the event. This signifies that an organization must take reasonable precautions against any foreseeable risk of harm to people attending the event.
To determine any liability, the court will have to assess if your organization should have foreseen that its activities and actions could have caused the loss, damage, or injury to a participant. For safety, security, and emergency procedures that apply to your community organization’s proposed event, your local council will be in the best position to provide specific advice on that.
Depending on the nature of the event, the safety of people, goods, and equipment should be ensured. To achieve that, you should consider notifying or organizing some specific groups to be at your event. They include:
- The police
- The metropolitan fire brigade, the county’s fire authority, or state emergency service.
- A qualified first aid provider
Provision of accessible events and activities
Events and activities should be available for everyone to enjoy, particularly people with disabilities who might be amongst your invitees. Most countries and states have anti-discrimination laws that require organizers to consider accessibility to their events.
Your organization may or may not have obligations under these laws but it is best to put in place reasonable measures to ensure that your event is accessible to all people.
Do I need to consider fundraising laws?
Since, fundraising is soliciting or receiving money or benefit that represents it, but not solely for an individual’s profit or commercial benefit, you should consider the fundraising laws. If you or your organization considers holding a fundraising event or any fundraising activities, you will have to comply with the laws that regulate fundraising. Laws like the US Fundraising Registration and Regulation might apply in your locality.
Tax considerations concerning events
Tax considerations also apply to the fundraising of your event. You should note that donations and contributions are handled differently and the price paid for certain event tickets may likely have tax implications for you or your organization.
Tax Deductible Gifts
For donors at your event to provide you with tax-deductible gifts or donations, you need to be endorsed as a deductible gift recipient (DGR). To do this, certain requirements need to be met to become a DGR or perhaps, satisfying tax deductibility requirements to benefitting donors.
Goods and Services Tax (GST)
If tickets are to be sold to your event, then a GST is required of you. Even if you are registered with GST and still want to sell tickets to a fundraising dinner or something similar in the course of your organization’s activities, it is a must that you pay for the GST on the tickets you sell. If you want more clarity on it, you should seek legal advice concerning the issue. There are also not-for-profit and charity GST concessions and rebates that are available.
Holding an event requires a lot of planning and preparation. If you or your organization wishes to hold events frequently without getting any queries or bad remarks, then you should consider following the legal procedures explained in this legal guide to holding events. In taking the right steps and precautions for your event, be sure that you will have a successful event just like you’ve imagined it to be.