Insuring Dance Studios
May 19, 2015
Dance, in all its variations, is a beautiful art form and requires specialized training. That training is conducted in specialized schools and studios with teachers possessing a certain body of knowledge. Like any specialized industry, there are particular needs when it comes to insurance.
Topics covered
Introduction
Studio
Accident coverage
Liability coverage
Optional coverage
Introduction
Dance education is highly specialized; each form of dance—ballet, jazz, tap, flamenco, and others— has its own basic movements that are taught by teachers knowledgeable in the art. There is no accreditation of dance teachers in the United States, and dancing is passed from person to person. Education often begins at a very young age as dance is difficult to master, and little girls are often in awe of dance costumes and clothing. Because dance is a physical art, the possibility of injury is great, particularly as the moves are specialized and difficult, even for an experienced dancer. Even beginning dancers are at risk of injury, hence the need to proper coverage for the studio. Frances L. Dean and Associates Inc. provides such coverage; highlights of the coverage will be discussed.
The dance studio is a unique room: few if any chairs, a piano and CD or record players, walls with mirrors mounted on them, barres mounted on opposite walls, and suspended flooring. The suspended flooring is critical to help prevent injury. Called a sprung or floating floor, the floor is engineered to allow the floor to give and bounce back when a dancer jumps, softening the impact with the floor for the dancer. The floor is supported by foam backing or rubber feet or may have woven wood battens. Basically there is a floating wood subfloor giving spring to the top surface. A studio without a sprung floor, or classes taught in a gym or other area with a hard floor, puts students at greater risk of injury.
The top surface of the floor is also critically important; for some forms of dance a slick floor is a recipe for disaster. Ballet dancers will put rosin on their shoes in order to keep from slipping on a polished floor, but a studio floor should never be polished if certain types of dance are taught. While Fred and Ginger danced on many shiny floors, they were professionals in the field; for teaching students, even ballroom, a gleaming, slick floor can be dangerous. Also, ballroom shoes have special suede on the soles. New dancers will likely be in street shoes, not ballroom shoes. Wooden floors are acceptable but should not be polished, and rosin needs to be available for any ballet classes where the students are wearing pointe shoes. The shoes are made of satin and can be very slippery, even when rosin is used. Another type of flooring is called Marley, a non-slip vinyl flooring that is rolled out over the top of the floating floor; it adds extra cushioning, is not as slick as hardwood, and is better for ballet dancers. Tap and flamenco dancers may prefer the wooden floors for the sound, although Marley floors can be used as well. The Marley may be taped or stuck to the floor with adhesive; studios that perform outside the studio may prefer to simply tape the floor down so that it can be rolled up and moved. The tape must be secure so that the floor does not slip while class is in session.
In order to learn proper technique, students use mirrors to check positions; mirrors are generally mounted on one or multiple walls in a studio. Plate glass mirrors are mounted to the wall and are heavy and breakable; it is important that they are mounted correctly and securely. There are now glassless mirrors that are unbreakable and much lighter; they may be mounted to the wall or on rolling stands. Mirrors on stands can be tipped over, so if mirrors on stands are used there should be discussions about how students are kept from knocking over the mirrors. Along with mirrors, on the opposite wall barres are either permanently mounted, or portable barres may be used freestanding in the middle of the floor. Many studios have a double set of mounted barres, one lower than the other. This accommodates younger and shorter students. The barres are used for support while learning the basic moves and for stretching, so they must be mounted securely. Portable barres should be adjustable in order to accommodate students of different heights, and they are often stored against a wall when not in use.
Dance training involves complex physical movement; multiple muscle groups are used at once to achieve a particular pose or movement, and spoken corrections, while given regularly, are not often adequate. While some teachers never touch their students, many give harmless physical corrections by moving an arm or leg, touching the tummy or hip or ribs, or even touching the buttocks in order to put the student into correct alignment. Ballroom dancing involves close physical contact with the teacher as well. This obviously exposes the teacher to allegations of abuse or inappropriate behavior; coverage for such actions is mandatory for a dance studio to protect itself against false allegations over a possible misunderstanding.
Like many specialty coverages, the basics are the same: commercial property and general liability. There is actually little property in most studios, and the specialty property is readily available. The concerns are accident and liability coverages, as well as abuse and molestation.
Francis L. Dean and Associates provides dance studio coverage with $100,000 medical expense coverage. The first expense must occur within ninety days of the accident. If a dancer is injured at the studio, treatment must be received within ninety days. Some dancers may wait and try to dance through injuries, which can lead to complications. If the injury is not treated relatively promptly, then there is no coverage. Coverage includes medical and surgical care by a physician, radiology, prescriptions, dental treatment of sound natural teeth, hospital care in a semi-private room or on an outpatient basis, ambulance from the scene of the accident to the closest hospital, and orthopedic appliances to speed healing. Braces are often used for knee or ankle injuries, and such injuries are common to dancers. A $100 deductible applies, and the coverage applies to expenses incurred within 365 days from the date of the accident. The carrier requires a waiver and release to be signed by both teachers and students and will provide forms to the school upon request.
Accidental death and dismemberment coverage is also available at $100,000 with $500,000 aggregate. The full $100,000 is paid out for death, double dismemberment, or quadriplegia. $50,000 is available for loss of sight, hearing, speech that is irrecoverable by natural, surgical or artificial means; loss of one arm, leg, hand or foot, paraplegia, or hemiplegia, or $50,000 per month for coma. The sum of $25,000 is available for the loss of an index finger and thumb of the same hand or four fingers of the same hand. No more than the $100,000 is paid out for multiple injuries due to the same accident; the benefit cannot be stacked for multiple injuries from the same cause.
There are several exclusions and limitations: self-destruction or self-harm; suicide or attempted intentional self-inflicted injury while sane or insane; war or any act of war; sickness, disease, or bacterial infection unless one that results from an accidental cut or wound or infections that result from accidental ingestion of a contaminated substances; voluntary taking of drugs or narcotics unless prescribed by a physician; covered expenses for which the insured would not be responsible for in absence of this policy; injuries paid under workers compensation or similar occupational benefits or while engaging in activities for monetary gain from sources other than the policyholder; and injury caused or contributed to by the policyholder's use of alcohol, illegal drugs, or medications not taken as prescribed. These exclusions are fairly standard. Other exclusions include accidents while serving in the military or national guard; services or treatment by a physician or nurse or anyone else employed by the insured; treatment of a hernia, Osgood-Schlatter's disease (inflammation of the knee caused by overuse/growth spurts), osteochondritis, appendicitis, osteomyelitis, cardiac disease or conditions, pathological fractures, or congenital weakness, whether or not caused by a covered accident.
These exclusions for certain medical conditions tend to be common among younger individuals or may be congenital but not yet discovered. Dancing may not cause such issues, but can aggravate or bring to light the existence of such preexisting but yet unknown conditions. The studio should not be held responsible for such conditions, hence the exclusion. Exclusions also include dentures and orthodontic equipment unless specifically covered, eyeglasses, contact lenses and hearing aids, and travel or flight in any craft not intended for the transportation of passengers.
Liability is a huge concern due to the corrective touching done by many teachers. Abuse or molestation is excluded unless opted for as an additional coverage; in which case, claims arising out of alleged sexual abuse and molestation are covered. See the provider for details. Also, since there is no accreditation for dance teachers, anyone can start a studio whether they know how to correctly teach dance or not. Putting a student on pointe too early can damage the feet, as can teaching moves incorrectly or giving students moves that are above their capabilities without proper guidance.
The liability coverage is available up to $1,000,000. The studio owners, directors, instructors, and employees are covered against claims for bodily injury, property damage, personal and advertising injury, and litigation costs; there is no deductible for this coverage. Coverage is included for on and off site recitals, and up to three additional insureds such as landlords or recital facilities can be added at no additional charge. Coverage includes suits arising out of injury or death of participants and spectators; nonprofit liquor liability; general negligence claims; activities necessary or incidental to the conduct of activities; cost of investigation of claims including groundless claims; and ownership, use, or maintenance of gyms, fields, or school areas.
Exclusions in this section are pretty typical as well, including abuse and molestation unless selected as optional coverage, terrorism, asbestos liability, fungi, HIV, aids, lead poisoning, pyrotechnics activity, war, and other similar situations. Again, the provider can provide full details. The exclusions for asbestos and lead are building related, and since some classes or recitals may be conducted in older buildings or schools, such hazards are possible.
Several optional coverages are available. One is for independent contractors, something very common in the dance world. Many studios are small and cannot afford to have teachers as full-time staff, so they are paid by the class. It is not unusual for a teacher to teach at several different studios at different times. The coverage provided by Dean covers teachers only while on duty at the insured's studio. Piano players are also likely to be independent contractors, and either need to be covered by the studio or the studio needs to make sure any independent contractors have their own coverage before teaching or playing at the school.
Equipment coverage is for the equipment: barres, floors, mirrors, stereos, and other audio equipment that may be used. Many studios use equipment that allows the teacher to vary the speed of any music—a big help in teaching new combinations. Double check with the provider to ensure that audio equipment is included and is not considered business personal property, as well as checking coverage on any pianos that may be used.
Hired and nonowned auto liability coverage is another option, as a studio may rent a van to transport flooring and costumes to recital sites. Some studios take students to various competitions, so there may be extensive travel.
Excess liability coverage is available. As litigious as society is, having extra coverage, especially with youth involved and the possibility of serious injuries is a good idea. Increased aggregate coverage allows for aggregates of $1 million or more.
Sexual abuse and molestation coverage should be required. This is a complicated issue, and with the physical nature of the instruction, this coverage is important, even more so than for regular school teachers.
There is $5,000 limit for medical expenses to an injured spectator or guest, regardless as to whether the school is liable or not. This is for accidents that just happen, and helps the school maintain a positive image.

