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1 Date: 28 September 2015 Mr Hinchliffe T/A Big Party Band 1 Longwood Hall Longwood Avenue Bingley BD16 2RX Renewing your Performing Arts Insurance Dear Mr Hinchliffe, Towergate puts itself at the heart of what s important to you. As an insurance specialist we work hard to know our customers better than anyone else and I hope you have been happy with your policy and the relevant and personal service we provide. Your Performing Arts Insurance is due for renewal on 10/10/ and we d like to invite you to accept cover for another 12 months. Providing you with a clear breakdown of what you are paying for is important to us. You will find this on the reverse of this page in the Your Insurance Policy box - this includes any additional products you may have selected as part of this policy. With effect from this renewal your Performing Arts Insurance is now underwritten by Hiscox Insurance. Should you choose to accept this renewal, your policy will be renewed with the same terms, sums insured and excesses that you ve enjoyed for the last 12 months and you can find those under Your Insurance Requirements and Our Recommendation section, also over the page. It s important we know that this still meets your needs, because we want you to remain our customer for many years. So please, before your renewal date and to enable us to renew your policy: Call us on and let us know that you ve reviewed the policy details I have provided and are happy to continue Let us know how you d like to pay for your cover. Direct Debit is easy to set up if you d like to spread the monthly payments Before calling to make payment for your policy, please ensure you have read the enclosed information and the policy continues to meet your requirements. Should anything need changing please contact us immediately. We are ready and waiting for your call Yours sincerely, Policy Reference: BIGP03PF01 Insurer: Towergate Underwriting Entertainment Policy No: 11/ /PF00127 Expiry Date: 09/10/2015 The total cost for your policy is: Budget using monthly payments, it s easy to arrange Contact Us General Queries Claims About Us Towergate Insurance specialises in professional liability and professional indemnity insurance for a wide range of professions. We also offer specialist home insurance offering additional protection should you see clients at home or keep business equipment at home. This is cover that may be restricted under a standard home insurance policy. Opening Hours Monday Friday 8.30am 5.30pm Customer Services Team

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3 Statement of Price Your Insurance Policy Public Liability : 5,000,000 Insurer: Towergate Underwriting Entertainment Premium* Customer Service Charge Total If you wish to pay by Direct Debit you have two options. You can choose to pay over 3 payments, with the first payment of 79.50, and 2 further payments of You also have the option of paying over 10 months, where the monthly amount is 17.09, subject to an instalment charge of at 7.50%, APR 14.40%, total amount payable *all premiums include Insurance Premium Tax at 6.00% Your Insurance Requirements and Our Recommendation We recommend Performing Arts Insurance because the combination of cover, terms and conditions meet your insurance requirements as set out in your Demands and Needs statement below. The Insurer(s) has(ve) been selected on the basis of the product features they provide, their knowledge of similar risks and claims paying ability. Please make one final check that your sums insured/limits of indemnity are adequate as claims payments could be effected if any sums insured are too low. Your Demands and Needs Insurer: Towergate Underwriting Entertainment Please refer to enclosed schedule for full details Special Conditions / Limitations Requirements we have not met What s Changed? None There have been no significant changes, please ensure that you carefully read all documentation. IMPORTANT - For the full wordings of special conditions, exclusions, limitations and all other conditions, please refer to the Policy Document and Schedule. Most policies contain certain conditions, sometimes called warranties or subjectivities. Failure to comply with a condition of your policy can result in a claim not being paid, or only part paid. The Insurer cannot only reject your claim but in certain circumstances avoid the policy as a whole. Page 3

4 Duty of Disclosure It is your responsibility to provide complete and accurate information to insurers when you take out an insurance policy, throughout the life of your policy and when you renew your insurance. It is important that all statements you make on proposal forms, claim forms and other documents are full and accurate. Please note that if you fail to disclose any material information to your insurers, this could invalidate your insurance and could mean that, part or all of, a claim may not be paid. An example of such disclosure would be any loss or incident that did not result in a claim. Our Insurance placement approach For the following insurance(s) that you have/will be quoted for, we have/will select your insurance policy/policies from a range of insurers. For the following insurance(s), that you have/will be quoted for, we offer you a policy/policies from a limited number of selected insurance companies. On request, we will give you a list of these. For the following insurance(s), that you have/will be quoted for, we have only offered you a policy/policies from one insurance company. For the following insurance(s) we have used another broker to help us place your cover. For the following insurance(s) we have used another part of the Towergate Group of companies, who act as an agent of the insurer. Performing Art Liability Insurance Performing Art Liability Insurance The following information is in relation to the insurance(s) we have arranged. Sourcing a suitable policy We act as your agent We act as agent of the insurance company Placing the insurance We act as your agent We act as agent of the insurance company In the event of a claim We act as your agent We act as agent of the insurance company How to Pay There are several, easy ways to pay for your premium: Direct Debit Debit or Credit Card Direct Bank Transfer You can set up your Direct Debit in one simple phone call. Call us and we will arrange this for you. If you opt to pay by 10 monthly instalments, this facility will be with our third party finance provider - Premium Credit Limited (PCL). They will then (subject to acceptance) send you a letter which will include confirmation of your monthly instalment scheme along with a credit agreement. It is imperative you return this credit agreement or acknowledge the agreement online. Full details of how to do this can be found in your welcome letter from PCL. If you wish to pay in one up-front payment by credit card, please note all credit card transactions under 500 are subject to a 5 charge. All credit card payments over 500 are subject to a 2% charge. No charge is made for payment by debit card. Paying by direct bank transfer is easy and means you don t incur any additional charges. Please send your payment to our client bank account: Bank: Royal Bank of Scotland Sort Code: Account Number: Page 4

5 Cheque Account Name: Towergate Professional Risks Please ensure that you include the reference 15/BIGP03PF01 in your payment details to identify your payment to us. Please make your cheques payable to Towergate Insurance, and send it to Department 8, Towergate, 5 Airport West, Lancaster Way, Yeadon, Leeds, LS19 7ZA. Please ensure that you include the reference 15/BIGP03PF01 in your payment details to identify your payment to us. However you choose to pay, please phone us on to arrange your payment in one quick and easy call. Our Payment Terms are included in the accompanying Terms of Business. Documents Enclosed Statement of Fact Summary of Cover Important Information Document & Terms of Business This details the information supplied by you to enable the premium to be calculated and the correct terms and endorsements applied to your policy. If any of the information on this document is incorrect you must notify us immediately. This forms the basis of the Contract between You and Insurers. This summarises the key features and exclusions of your policy(ies). By taking out this insurance policy you are entering into a contract with us. This document provides the terms and conditions between you and us, information about us, our services and costs, your rights and how to exercise them. Policy Wording This details the Insurer s standard policy wording. Please call us on if you require a copy. IMPORTANT: Please ensure you read all documentation and contact us immediately should you have any queries Page 5

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7 Hiscox 1 Great St Helen s London EC3A 6HX United Kingdom POLICY SCHEDULE Policy Number Business Activities and / or Therapies Insured Details Period of Insurance: From 10/10/2015 to 09/10/2016 both days inclusive Date Issued to insured: 28 September 2015 Underwritten by: Payment method: Hiscox Underwriting Ltd on behalf of the insurers listed for each section of the policy Payment by Brokers Account Insured Details Insured: Address: Additional Insureds: Mr Hinchliffe 1 Longwood Hall Longwood Avenue Bingley BD16 2RX There are no Additional Insureds on this policy. Business description: Musicians,,, General terms and conditions wording: Property definitions Wording: WD-HSP-UK-TUE-GTC(2) The General terms and conditions apply to this policy in conjunction with the specific wording detailed in each section below WD-HSP-UK-TUE-PD(2) Property definitions apply to the Property sections of this policy in conjunction with the specific wording detailed in each section below Premium Details Annual Premium Annual Tax 7.58 Total Premium Administration Fee Total

8 Hiscox 1 Great St Helen s London EC3A 6HX United Kingdom POLICY SCHEDULE Policy Number 11/ /PF00127 PUBLIC AND PRODUCTS LIABILITY Section Wording: Insurer WD-HSP-UK-TUE-GL(2) Hiscox Insurance Company Limited Limit of Indemnity 5,000,000 Limit applies to each and every occurrence, defence costs in addition, other than for pollution or for products to which a single aggregate policy limit including defence costs applies Excess 250 Excess applies to Geographical limits Applicable courts each and every claim for property damage only Worldwide excluding USA and Canada United Kingdom Special Limits (including within and not in addition to the overall limit/amount insured above) Criminal defence costs Pollution defence costs Clean up costs Terrorism 100,000 in the aggregate 100,000 in the aggregate 100,000 in the aggregate 100,000 in the aggregate

9 Hiscox 1 Great St Helen s London EC3A 6HX United Kingdom POLICY SCHEDULE Policy Number 11/ /PF00127 Endorsements applicable to the whole policy Clause Commercial assistance & legal advice helpline Your Hiscox policy gives you access to a general business advice line. For advice on employment, prosecutions, health and safety, sex discrimination, tax and European law call +44 (0) Data Protection Act By accepting your policy, you consent to us and the Hiscox group of companies (collectively referred to as Hiscox) using the information we may hold about you or others related to your policy for the purposes of providing insurance and handling claims, if any, and to process sensitive personal information about you or others related to your policy where this is necessary (for example health information or criminal convictions). This may mean Hiscox has to give some details to third parties involved in providing insurance cover. These may include insurance carriers, thirdparty claims adjusters, fraud detection and prevention services, third party service providers, reinsurance companies, insurer tracing offices and insurance regulatory authorities. Where such sensitive personal information relates to anyone other than you, you must obtain the explicit consent of the person to whom the information relates both to the disclosure of such information to us and its use by Hiscox as set out above. The information provided will be treated in confidence and in compliance with all relevant regulation and legislation. You or others related to your policy may have the right to apply for a copy of this information (for which Hiscox may charge a small fee) and to have any inaccuracies corrected. For training and quality control purposes, telephone calls may be monitored or recorded. INFORMATION ABOUT US This policy is underwritten by Hiscox Underwriting Limited on behalf of the insurers listed below. Name Registered address Hiscox Underwriting Ltd 1 Great St. Helens London EC3A 6HX United Kingdom Company registration Registered in England number Status Authorised and regulated by the Financial Conduct Authority Insurers These insurers provide cover as specified in each section of the schedule. Name Hiscox Insurance Company Limited

10 Hiscox 1 Great St Helen s London EC3A 6HX United Kingdom POLICY SCHEDULE Policy Number Registered address 1 Great St. Helens London EC3A 6HX United Kingdom Company registration Registered in England number Status Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority Name Registered address DAS Legal Expenses Insurance Company Limited DAS House, Quay Side, Temple Back Bristol BS1 6NH United Kingdom Company registration Registered in England number Status Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority

11 Insured: Mr Hinchliffe Policy number: 11/ /PF00127 By accepting this insurance you confirm that the facts stated below are true. We have relied on your answers to our questions, and all information you or anyone on your behalf provided in deciding to accept this insurance and in setting the terms and premium. You must make sure that all information is accurate and complete and that you have taken care to answer all questions honestly and to the best of your knowledge. You must tell your broker, as soon as possible, if there are any changes to the information you have given to us, including if any of the answers below or supporting information provided to us is no longer accurate. We may then amend the terms of this policy. If you are in any doubt, please contact your broker. You should keep this Statement of fact for your records. All clients must comply with the following main criteria: Your business description is: Musicians,,, Your business is registered and domiciled in the United Kingdom and all of your business premises are based in the United Kingdom Your estimated annual turnover does not exceed 5,000,000 Your estimated annual wage roll does not exceed 2,000,000 You do not undertake any work outside of the United Kingdom for more than 90 consecutive days You do not undertake any work in any territory where the Foreign Office advises against all non-essential travel You do not undertake any work in an environment deemed unsafe by the police, fire or ambulance services, HM armed forces or any local authority You have not been declared bankrupt or become insolvent or made any voluntary arrangement with creditors or been subject to enforcement of a judgement debt either in a personal capacity or as a business You have not been convicted of or charged with any offence, other than a motoring offence or conviction spent under the Rehabilitation of Offenders Act 1974 You have not had any insurance or proposal cancelled, withdrawn, declined or made subject to special terms You are not aware of any fact, circumstance, incident or escalating level of complaint which may give rise to a claim under this policy All clients who have selected cover for Public and products liability or Employers liability must also comply with the following criteria: Your activities to be insured do not take place in or on water or underground Your activities to be insured do not take place in or on blast furnaces, chimney or well shafts, viaducts, bridges, mines, refineries, off-shore installations, power stations, dams, tunnels, airports or aerodromes, docks, wharves, piers, harbours, railways, motorways, aircraft towers, steeples or ships unless docked Your activities to be insured do not involve the use or application of heat other than the use of soldering irons Your activities to be insured do not take place more than 10 metres above ground or floor level By accepting this insurance you consent to Hiscox using the information we may hold about you for the purpose of providing insurance and handling claims, if any, and to process sensitive personal data about you where this is necessary (for example health information or criminal convictions). This may mean we have to give some details to third parties involved in providing insurance cover. These may include insurance carriers, third party claims adjusters, fraud detection and prevention services, reinsurance companies and insurance regulatory authorities. Where such sensitive personal information relates to anyone other than you, you must obtain the explicit consent of the person to

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13 Fusion Entertainment insurance Statement of fact whom the information relates both to the disclosure of such information to us and its use by us as set out above. The information provided will be treated in confidence and in compliance with the Data Protection Act You have the right to apply for a copy of your information (for which we may charge a small fee) and to have any inaccuracies Hiscox Insurance Company Ltd is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority. Hiscox Underwriting Ltd is authorised and regulated by the Financial Conduct Authority.

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15 Summary of Liability Insurance Cover for Performing Arts Public & Products Liability Cover This commercial insurance product is designed to meet the demands and needs of professionals in your field who wish to ensure that they are protected against their liabilities for injury to other people, or for loss of or damage to property belonging to other people, arising in the course of their selfemployed professional activities described on the certificate of insurance. The policy provides an indemnity for any amount you may have to pay as compensation up to the limit or limits shown in your certificate. Cover applies to you, and can also be extended to include cover for any injury or damage caused by any employees whilst acting on your behalf, providing these have been declared to and accepted in writing by us. It also includes cover for your liability for the acts of any sub-contractors, but will not provide an indemnity to such sub-contractors themselves (unless you have specifically requested this and we have agreed in writing). The policy combines cover that would be provided by Public Liability and Products Liability insurances. Limits of Indemnity For Public Liability cover, your chosen limit applies to damages payable for each and every event. For Products Liability and Personal & Advertising Injury cover, the chosen limit is the maximum payable for all damages in any one period of insurance. For the purposes of this insurance cover, all liability as a result of any one occurrence or all occurrences of a series consequent upon or attributable to one source or original cause will be regarded as one event. Legal costs are payable by the insurers in addition to the above limits. For all claims arising out of work carried out in the USA or Canada, and/or for all claims brought in these countries, the chosen limit is the maximum payable in any one period of insurance in respect of all damages and legal costs. There is a 250 excess, but only applicable to all claims for Third Party Property Damage. Additional Cover In addition to providing cover for Public and Products Liabilities, the policy also provides cover for legal defence in certain specific criminal proceedings: As a result of prosecution under the Health and Safety at Work etc Act 1974 In respect of a breach of Part II of the Consumer Protection Act 1987 The insurance will pay court attendance costs as detailed in the policy if you or your employees are required to attend court as in witness in connection with any claim under the policy. Exclusions The policy does not provide any cover for claims made against you in respect of any actual or alleged breach of professional duty arising from advice design or specification (this should be covered under a Professional Indemnity policy). Nor does it cover injury to any employee arising out of and in the course of their employment with you. (If you have employees you should contact us to talk about the optional extension for Employers Liability insurance see below). It does not provide cover for any cover for liabilities which should be insured under other types of policies, such as Motor Insurance, Directors and Officers Liability or Employment Practices Liability. The policy does not include any cover for damage to your own equipment; if you wish to insure these items, please talk to us about All Risks cover.

16 The insurance does not provide cover for business risks such as contracts for supply of services to your business, your insolvency, pension & benefit schemes and trading losses. Employers Liability Optional Extension This cover is designed to protect the liabilities of an employer for injury to employees arising in the course of the activities described on the certificate of insurance. Limit of Indemnity The limit is 10,000,000 and is the maximum payable for any one claim in respect of all damages and legal costs combined. For the purposes of this insurance cover, all liability as a result of any one occurrence or all occurrences of a series consequent upon or attributable to one source or original cause will be regarded as one event. There is no excess payable under the Employers Liability section Applicable to both Sections What triggers the policy? The policy is issued on a claims occurring basis, which means that cover applies when the incident which gave rise to the claim is alleged to have happened, provided the policy was in force at that time. If you become aware of any circumstances which may give rise to a claim under this insurance, you should immediately contact Towergate Insurance on Where am I covered? The policy provides cover for you to work anywhere in the world providing that you are working from a UK base. However if you are intending to work in the USA or Canada you must inform us in advance so that we can confirm if any additional terms are required. Law Applicable The parties to the Policy have the right to choose the law applicable to the Policy. Unless the parties agree otherwise, English Law shall apply. This wording is a summary only of the cover provided and the main exclusions, and is provided so that you have sufficient information to enable you to make an informed choice. Please refer to the policy wording for full details or contact us if there is anything specific you would like to discuss. Complaints Procedure We aim to provide you with a first class service. If we have not delivered the service that you expect or you are concerned with the service provided, we would like the opportunity to put things right. Our complaints process Initially, contact us to raise your concern with Towergate Insurance Tel: Fax: If your complaint is against Hiscox Insurance Company Limited alone, we will pass your complaint to their nominated contact within 24 hours. This will also happen if we believe that we cannot resolve your complaint without the involvement of Hiscox Insurance Company Limited or there is any query relating to the complaint. The complaints procedure of Hiscox Insurance Company Limited will then

17 apply.if your complaint is not resolved or you are not happy with the response and course of action proposed by Hiscox Insurance Company Limited, you can progress your complaint to the Chief Executive of the Insurer who will carry out a separate investigation to attempt to resolve your complaint and will issue a final decision. Hiscox Insurance Company Limited contact details: The Chief Executive Hiscox Insurance Company Limited Hiscox Customer Relations Hiscox House Sheepen Place Colchester CO3 3XL Timescales We will acknowledge your complaint within 5 business days of it having been received by us and we will issue you with our final decision letter within 8 weeks. What to do if you are still not satisfied If you are still not satisfied Towergate Insurance and Hiscox Insurance Company Limited are regulated by the Financial Conduct Authority whose arbitration service is the Financial Ombudsman Service, and you may be able to refer your complaint to them. However, the Financial Ombudsman Service will not adjudicate on any cases where legal action has commenced or where a final decision has not been issued. Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR Telephone: Website: Your rights Your rights as a customer to take legal action remain unaffected by the existence or use of any complaint procedures referred to above. For your protection, telephone calls may be recorded or monitored. This insurance is administered by: Towergate Insurance, Kings Court, London Road, Stevenage, SG1 2GA Telephone: Fax: Towergate Insurance is a trading name of Towergate Underwriting Group Ltd. Authorised and regulated by the Financial Conduct Authority and underwritten by: Hiscox Insurance Company Limited (Registration number 70234) 1, Great St Helen s, London, EC3A 6HX Authorised and regulated by the Financial Conduct Authority

18 Certificate of Public Liability Insurance Name Certificate Number Reason for Issue Business Mr Hinchliffe T/A Big Party Band BIGP03PF01 RENEWAL Musicians Insured Band Members Richard Hinchliffe (55) Narelle Frances (32) David Chamken-Mcleod (35) Bren Travis (41) Paul Jannetta (43) Please refer to the policy wording for the description of any endorsements If you are carrying out, or have in the past carried out, any activities or therapies not listed, you must notify us immediately so we can extend your cover as necessary. Underwritten By Towergate Underwriting Entertainment Master Policy Number Period of Insurance From To 10/10/ /10/2016 Both dates inclusive Limit of Indemnity Public Liability : 5,000,000 Endorsements Limits of Indemnity Section 1 Employers Liability Section 2 Public Liability Products Liability Personal / Advertising Injury USA / Canada Not Selected 5,000,000 Any One Claim; Costs in Addition 5,000,000 Aggregate in the Policy Period; Costs in Addition 5,000,000 Aggregate in the Policy Period; Costs in Addition 5,000,000 Aggregate in the Policy Period; Costs in Addition Page 17

19 Excess 250 in respect of claims for Third Party Property Damage Page 18

20 This certificate forms part of and attached to the policy wording. Both Documents must be read together Insured Activities Musicians Insured Band Members Richard Hinchliffe (55) Narelle Frances (32) David Chamken-Mcleod (35) Bren Travis (41) Paul Jannetta (43) Please refer to the policy wording for the description of any endorsements If you are carrying out, or have in the past carried out, any activities or therapies not listed, you must notify us immediately so we can extend your cover as necessary. Non Standard Endorsement(s) Towergate Underwriting Entertainment Authorised and Regulated by the Financial Conduct Authority. These can be checked by visiting the FCA Website at or by contacting the FCA on Page 19

21 Performing Arts Summary of Cover This Commercial insurance policy is designed to meet the needs of professionals who wish to protect themselves in the event of civil liabilities arising from their business and professional activities. Civil Liabilities The policy provides cover in the event of civil (as opposed to criminal) liabilities arising from your Business and professional activities as described on your Certificate of Insurance, and provides an indemnity to you / your organisation and any employees whilst acting on your behalf. It includes cover for your liability for the acts or omissions of any sub-contractors but will not (unless we have agreed in writing) provide an indemnity to sub-contractors. The policy combines cover that would be provided by Professional Indemnity, Public Liability, Libel & Slander and Product Liability Insurances and covers any amount you may have to pay as compensation up to the limit(s) shown in your certificate. Limit of Indemnity For Professional Indemnity (including Libel & Slander) and Public Liability the limit applies to any one event. For Products Liability and Employers Liability (if selected), the limit applies to all events any one period of insurance Legal costs are payable by the insurers in addition to the chosen limit of indemnity, except under Employers Liability cover (if selected) where costs are included in the limit of indemnity. There is no excess or deductible under this insurance. The insurers for this product are Towergate Underwriting Entertainment Additional Covers In addition to civil liabilities, the policy provides the following covers: Legal Defence for Criminal Proceedings The policy provides cover for legal defence following criminal proceedings regarding: Health and Safety at Work etc Act 1974 Part II of the Consumer Protection Act 1987 It will not, however, pay any fines or penalties. Page 20

22 Court Attendance Costs If you are required to attend court as a witness in connection with a claim under this policy, the policy will reimburse the following amounts: The Insured or any Director or other official Any employee 750 per day 500 per day Release of Confidential Information Where you are required by a UK court or tribunal to disclose notes or information of a confidential nature not relating to a complaint or claim against you, the insurance will cover costs to assist with the preparation of arguments as to why they should not be released. In addition, where appropriate, the insurers will pay towards your costs in preparation of a report in lieu of releasing your notes. Cover under this section is limited to 5,000. Public Relations Consultancy Fees In order to minimise or prevent a potential claim against you, cover up to 25,000 is provided. Fees Recovery If a client refuses to pay your fees on the grounds of alleged negligence on your part and threatens potential counter-claim, the policy will reimburse you with the cost of waiving your fees if this is judged by the insurers to be an effective means of resolving the matter and preventing a legitimate claim from arising. Loss of Documents Cover is provided up to a limit of 50,000 in respect of loss of or damage to documents held in trust by you and for which you are responsible. Cancellation Rights There is no automatic right of cancellation under the policy. Once the contract has been concluded there will be no refund of any of the premium paid. When does the policy operate? The policy is issued on a Claims Made basis, which means that cover applies when a claim is made against you irrespective of when the incident which gave rise to the claim is alleged to have occurred. Most policies which operate in this way have a Retroactive Date (a date stated in the policy prior to which any incidents are excluded from cover) and this is often set as the inception date of the policy. Our policy does not have a Retroactive Date. This means that cover will apply to incidents which occurred prior to inception as long as when you take out the insurance you are not aware of any circumstances which could give rise to a claim. The Public & Products Liability cover and Employers Liability (if selected) is issued on a Claims Occurring basis, which means that cover must have been in force on the date on which the incident which gave rise to the claim occurred. Run-Off Cover It is important to remember that the insurance can only respond to a claim if the policy is in force at the time the claim is made against you. If you cease to practice or trade by reason of death, retirement or career break, and providing you are insured as either an Individual or Sole Trader limited company, run-off cover is normally available. If you wish to take advantage of the above option, or if you are a Limited Company with more than one director, or in any other circumstances, you should contact us. Page 21

23 Main Exclusions The policy does not provide cover for the following: Liability to Employees The policy does not provide any cover for claims made against you in respect of any injury to any employee out of and in the course of their employment with you, unless the option for Employers Liability cover is selected. Nor does it provide cover for any dispute between you and any present or former employee or any person who has been offered or refused employment with you. If you have employees, and not selected Employers Liability Insurance, you should talk to us. Liabilities which should be insured under other types of policy Such as Motor Insurance or Employment Practices Liability. Business Risks Such as contracts for supply of services to your business, your insolvency, trading losses, or pension & benefit schemes. Deliberate Acts Any intentional act, unless this is designed or intended to be part of the Professional Services provided. Controlling Interests Any claim arising out of work for a business in which the Insured has a controlling interest or is in a position to make a major policy decision on behalf of such business. Where am I Covered? The policy provides cover for you to work anywhere in the world and includes work in America or Canada as long as you do not have premises in those territories (please refer to the policy for details). IMPORTANT Employers Liability Insurance (if selected) You must display your Certificate of Employers Liability Insurance, either electronically or as a paper copy, where your employees can easily see it. We recommend that you retain a copy of your insurance certificate as a claim can arise many years after the incident giving rise to it has occurred. This is a summary only of the cover, together with the main exclusion(s), and is provided so that you have sufficient details to enable you to make an informed choice. Please refer to the policy wording for full details or contact us if there is anything specific you would like to discuss. The Insurance is underwritten by Towergate Underwriting Entertainment All the above are Authorised and Regulated by the Financial Conduct Authority. This can be checked on the FCA s register by checking the FCA website at or by contacting them on Page 22

24 Important Information and Commercial Terms of Business Contents Important Information Who are we regulated by? Are we covered by the Financial Services Compensation Scheme ( FSCS )? Complaints Our remuneration Our services Charges we make for our services Terms of Business Terms of Business ( Terms ) Fees in Lieu of Commission Your legal duty to disclose information to us and insurance companies Cancellation and Mid-Term Adjustments Our right to set off monies you owe us Information on our remuneration Insurer Solvency Limitation/Exclusion of Liability How to make a claim Terms of Payment Payment of premium using Third Party Instalment facilities Renewal of Policies How we hold your money Confidentiality and Data Protection No Waiver, Amendments and Our Right to Assign Governing Law Information regarding your Insurance Policies - General Companies Insured Description of Your Business Reasonable Precautions Property Insurance Material Damage Sums Insured Average Clause Gleeds Durden Professional Valuation Service Business Interruption Insurance Page 23

25 Liability Insurance Liability Indemnity Limits The Employer s Liability (Compulsory Insurance) Regulation Motor Insurance The Motor Insurance Database (MID) Commercial IDD version 6 th July 2015 Page 24

26 Important Information 1 Who are we regulated by? The Financial Conduct Authority ( FCA ) is an independent watchdog that regulates financial services. We are authorised and regulated by them and you can check this on the Financial Services Register by visiting the FCA s website or by contacting the FCA on Our permitted activities are recommending insurance policies (and in cases where we do not give a recommendation we will tell you); arranging insurance cover; dealing as agent and assisting with the administration and performance of policies all in connection with general insurance. 2 Are we covered by the Financial Services Compensation Scheme ( FSCS )? Yes. You may be entitled to compensation from the scheme if we or your insurer cannot meet our obligations, depending on the circumstances of the claim. The FSCS does not apply to the following types of insurance: aircraft, ships, goods in transit, aircraft liability, ship s liability and credit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of any claim, without upper limit. For other classes, coverage is 90% of any claim without upper limit. Further information about compensation scheme arrangements is available from the FSCS at 3 Complaints Our objective is to provide a high standard of service to you at all times. However we recognise that things can go wrong occasionally and if this occurs we are committed to resolving matters promptly and fairly. If you wish to register a complaint please contact us: in writing, to the Managing Director at the address shown on the letter (or business card) that accompanies this document, or; by , using the address shown on the letter document (or business card) that accompanies this document, or; by telephone, using the number shown on the letter document (or business card) that accompanies this document, or; in person, at the address shown on the letter (or business card) that accompanies this document. In all cases please quote your policy number or other reference we have given you. If you are unhappy with our decision, or if we do not complete our investigation within 8 weeks, you may be entitled to refer your complaint to the Financial Ombudsman Service (FOS). The FOS is an independent service for settling disputes between businesses providing financial services and their customers ( This service is free to customers. Our Complaints Procedure is available upon request. 4 Our remuneration In good time, before the conclusion of each insurance contract, or upon renewal, we will remind you of your right to be informed of the level of commission we receive from underwriters. You are entitled, at any time, to request information regarding commission and other earnings we have received as a result of placing your insurance business. 5 Our services Our services may include advising you on your general insurance needs, arranging insurance cover with insurers to meet your requirements, issuing policy documentation to you in a timely manner and helping you with any ongoing changes you wish to make to your insurance. We may also help you make a claim against your policy. We will endeavour to ensure that the products or services we offer you match your stated requirements. We will seek to identify your insurance needs in reliance upon information which you provide to us. If we cannot match your requirements, we will explain the differences in the product or service we can offer you. If we cannot match all your requirements, we will seek to provide you with enough information so you can make an informed decision about your insurance. Page 25

27 We will explain the main features of the products and services we offer you including details of the insurer, main details of cover and benefits, any unusual restrictions or exclusions, any significant conditions or obligations which you must meet and the period of cover. If you need extra time to consider the products or services we have offered you, we will endeavour to confirm: (a) how long you have to accept the insurance on the terms we have offered, and/or; (b) give you a written quote if you request one, including all the information we believe you need to make an informed decision, and/or; provide you with a sample policy if you ask for one. Where we are not providing advice or a recommendation we may ask you some questions to narrow down the selection of products we will provide details on. You will then need to make your own choice about how to proceed. In helping arrange your insurance contract, the Towergate Group acts as an insurance intermediary. The insurance policies are underwritten by insurance companies who are not within the Towergate Group. Much of our work is done on behalf of customers; for instance, helping customers find an insurance policy that meets their needs. In such instances we act as our customers agent. As a Group, we also perform a range of services on behalf of insurance companies. These include the administration of insurance policies, the handling of insurance claims and, in some instances, we may agree and issue insurance contracts on behalf of insurance companies. The Towergate Group also includes business units which design and develop insurance policies on behalf of insurance companies. Such products may be marketed as products of the Towergate Group, but will always be underwritten by an insurance company outside of the Towergate Group. In all situations where we act on behalf of insurance companies, we receive commissions and fees from those insurers. Such commissions and fees may vary depending on the performance and profitability of the underlying insurance products for those insurance companies. We may have performed any of these services on behalf of your insurer in relation to your insurance contract and may therefore receive or have received such commissions or fees directly from your insurer. 6 Charges we make for our services In addition to commission paid to us by insurers, we may charge a fee for our services (typically when you buy or renew a policy) however you will always be informed of any such charge before you purchase a policy. Our fees are non-refundable even if you cancel your policy. During the term of the policy we may charge up to 50 for issuing duplicate documents and up to 50 for changes to your policy. We may charge a fee for payments made with a credit card, up to 10 for transactions up to and including 500, and up to 4% of the transaction for amounts above 500. All fees are exclusive of any applicable tax that may be levied from time to time. In certain circumstances your insurer may repay part of your insurance premium(s) to us. This can occur where, for example, the risk covered by your policy is reduced or the policy itself is cancelled. Where the amount of the refunded premium is less than 10 (per policy) we will retain such amount, but where a mid-term adjustment or cancellation charge is made we will set it off against such charge. This paragraph does not affect any cancellation/refund rights which you may have. Page 26

28 Terms of Business 1 Terms of Business ( Terms ) In these Terms references to we or us are to the firm whose details are set out in the covering letter that accompanies these Terms. We recommend that for your own benefit and protection you should read these Terms carefully. These Terms constitute our standard client agreement upon which we intend to rely and will apply to our appointment by you and the services we will provide. If you do not understand any point please ask for further information. IN PARTICULAR we draw your attention to Section 4 and Section 8 of these Terms which relate to the amount you will receive if you cancel your policy, and the maximum amount we will be liable for in the event of our negligence. These Terms supersede all proposals, prior discussions and representations (whether oral or written) between us relating to our appointment as your agent in connection with the arranging and administration of your insurance. These Terms constitute an offer by us to act on your behalf in the arranging and administration of your insurance in the absence of any specific acceptance communicated to us by you (whether verbal or written) you are deemed to accept our offer to act for you on the basis of these Terms by conduct upon your instructing us to arrange, renew or otherwise act for you in connection with insurance matters. If you do not wish to be bound by these Terms then you should not instruct us to arrange, renew or otherwise deal with your insurance needs. 2 Fees in Lieu of Commission This paragraph applies where we have, as an alternative to commission, agreed to charge fees in lieu ( FIL ). Where we have agreed to charge a FIL the services which we shall perform shall be set out in a separate service summary ( Service Summary ). Any commission which we receive which is directly connected with the insurances placed by us on your behalf will be retained by us and set off against the FIL and any other amounts from time to time due and payable by you under this Agreement. Unless otherwise agreed by us the FIL will cover the period set out in the Service Summary. The FIL is calculated by reference to the full term of insurance policy or policies arranged for you. Unless we agree otherwise no refund of any FIL or other remuneration shall be payable in the event that (for whatever reason) the actual period of insurance is less than the full term or you terminate this Agreement before the expiry of any policy arranged by us on your behalf. In the event that, as a consequence of any insurance being for less than the full term, or your termination of this Agreement, we are obliged to refund any commission which has been paid to us and retained by us in lieu of all or part of the FIL we reserve the right to charge you for the amount of commission refunded. We reserve the right to charge fees in addition to the FIL where you request services which go beyond those specified in the Service Summary. We will agree these additional charges with you before they are incurred, failing which the additional fee will be calculated by reference to the hourly charge out rate (from time to time) which applies to the staff involved in providing such additional services. The hourly charge out rate for any additional services is subject to any applicable tax which may be levied from time to time and does not include travelling or other expenses where the additional services are performed other than at our offices. Page 27

29 3 Your legal duty to disclose information to us and insurance companies It is your responsibility to provide complete and accurate information to insurers when you take out your insurance policy, throughout the life of the policy and when you renew it. It is important you ensure that all statements you make on the proposal form, claim forms and other documentation are full, frank and accurate. If you are in any doubt as to the relevance of any information you should disclose it. Please note that if you fail to disclose any material information or change of circumstances to your insurers, this could invalidate your insurance cover and could mean that part or all of a claim may not be paid. We strongly recommend that the information provided is checked thoroughly prior to submission and that you keep a record of all correspondence supplied in relation to the arrangement of your insurance cover. Please also note that any renewal of insurance will be made in reliance upon the information provided by you in connection with your previous insurance policy we will assume that such information remains correct unless you tell us otherwise. 4 Cancellation and Mid-Term Adjustments Please note that cancellation rights vary between insurers and you should check their documentation if you are considering cancelling your policy. To exercise your right of cancellation, you should contact the insurance company or contact us either by telephone or by letter in each case in the manner and within the time limits set out in your policy documentation. If you exercise your right to cancel your policy your insurer will, as a minimum, charge you for the period during which you were covered, and other charges may be applied to cover the insurer s and our costs in arranging the cancelled policy. Be aware that some insurers do not offer any refund of premiums for cancelled policies. Where you cancel your policy or where you request a mid-term adjustment which reduces the cover provided under the policy, we may charge you for our time and costs. This will result in us reducing the amount refunded to you by the FULL amount of the commission and fees we would have received had you not cancelled or amended your policy. The reason for this is that the majority of our costs are incurred either in initially finding and setting up your policy or in the annual renewal process when we might check the ongoing suitability of the cover the policy offers. These costs are recovered through the commission and fees we earn. If you cancel, this does not give us an opportunity to recover the costs we incurred and would often result in us making a loss. However, any charge made will not exceed the cost of the commission and fees we would have earned. Where you are paying for your insurance by instalments (and an instalment payment is not received by us or the relevant premium finance provider on or before the date when it is due to be paid) you agree that we may on your behalf instruct the insurer to cancel the insurance (or where the first instalment payment has not been received, notify the insurer that the policy has not been taken up) and offset any refund of premium which may be received against any money which you owe to us, the insurer and/or the premium finance provider. In such circumstances you will remain liable for any time on risk or other charge. You will also be responsible for putting in place any alternative insurance. 5 Our right to set off monies you owe us We shall be entitled (but not obliged) without notice to you to set off any amounts due to us from you against any amounts which we may receive on your behalf (such as claims monies, refunded premiums and other sums). Page 28

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