Welcome Back … to Basics: Legal Considerations for Hosting an In-Person Event
by Mindy Abern
While virtual events aren’t going anywhere, in-person events are making their comeback. From awards shows and trade shows to sporting events and professional conferences, many event organizers have decided it’s time to gather in person again. Lollapalooza Music Festival just closed in Chicago, reporting 100,000 attendees per day!
In the age of COVID, there are so many health and safety aspects to consider. Event organizers are monitoring guidance from public health officials, providing for pre-event testing and on-site health checks and working hard to coordinate hand sanitizer stations and social distancing. But, it’s important not to forget all the legal implications of joining together in person.
When you are ready to begin hosting in-person events again, here’s a list of things to consider from a legal perspective:
When you choose the location for your event, make sure to carefully read and negotiate the contract. Pay special attention to any restrictions on your activities at the venue (e.g. are there vendors you’re required to use or limitations on parts of the facility you can access) and note what the available options are in case you need to cancel or reschedule your event. Ensure the venue has adequate insurance and note any limitations on the venue’s liability. Along the same lines, attendees should sign waivers to protect you if an accident happens at your event.
When choosing a registration/ticketing platform, ensure the platform has a legally compliant privacy policy. You want to make sure that your attendees’ information will be kept secure. Use a platform that includes security features and make sure any fees are disclosed, so attendees do not incur any surprise expenses.
If engaging with booth operators or event sponsors, make sure you have a clear and detailed agreement to delineate each party’s responsibilities and obligations. Payment terms, event schedule, and provisions for an unexpected cancelation or delay of the event are also important.
Agreements with presenters, special guests, speakers, and celebrity appearances may also be needed. This depends on several factors, including whether the individuals will be recorded, broadcasted, and/or promoted in connection with the event and whether they will have obligations besides speaking (e.g. taking photos with fans, meet and greet, social media postings, etc.).
If you are planning on hosting a cocktail reception or serving alcoholic beverages at your event there are bartending/alcohol regulations to consider that vary by state and even local jurisdictions. Consider how you will verify attendees’ age, where servers will be hired from, and what guidelines they need to adhere to.
If you plan to record the event, or parts thereof, post recording notices visibly throughout the venue. Have a process for people to opt-out of being recorded if they choose, for example particular seating areas or a badge that notifies videographers not to record certain individuals.
Don’t use anyone’s name or likeness without permission. A signed publicity release is necessary to use the names, images, quotes, etc. from attendees. Have a process in place to secure necessary permissions and documentation (e.g. devices set up for digital signature at check-in).
If you plan to include any promotions like contests or giveaways at your event, make sure you have official rules in place and that they are visible/accessible by attendees. Depending on the prize value(s) and where your event will be held, additional compliance steps may be needed.
Charitable aspects of events, including collecting donations and charitable sales promotions (i.e. for every t-shirt purchased, we’ll donate $1) require written agreements with the charitable organization and registration in several states. Make sure to engage legal counsel as early as possible to make sure you’re in compliance with laws.
As in-person events make a comeback, be willing to adapt and try new ideas. Assembling the right team early in your process is key to the success and safety of your event. The future is full of opportunity!
Originally published by InfoLawGroup LLP. If you would like to receive regular emails from us, in which we share updates and our take on current legal news, please subscribe to InfoLawGroup’s Insights HERE.