Overview

Whether it is hiring staff for a rural wedding, helpers to staff your Halloween haunted forest, or bringing in guides and bird dogs for your hunting preserve clients, you should be aware of the differences between employees and independent contractors. For farm or ranch bed and breakfast businesses, hunting preserves and nature tourism operations, this is an important question. Temporary employee status has important implications that raise several rather thorny issues. These include: taxes, workers compensation and workers-compensation insurance claims, general liability implications and general-liability insurance issues.

Let’s look at the basic issue.  March 2009 ... [Read More]

Additional Resources

• Agritourism and Nature Tourism in California, Ellie Rilla and Holly George, Agriculture and Natural Resources, University of California, 2005 - Chapter 5 considers liability, insurance and other risk-management issues. University of California Agriculture and Natural Resources Publication 3484. ISBN-13:978-1-879906-76-1 Agricultural and Natural Resources Publications, 1850 Research Park Drive, University of California, Davis, CA, 95616; 800-994-8849.
  
• Agritourism Workbook: Guide to Discovering New Ways to Build a Successful Agricultural Business Through Direct Farm Marketing, Britany Russel, Agri-Business Council of Oregon, 2003 - Contains a nice summary of liability and insurance considerations that includes short and succinct discussions regarding invitees, licensees, trespassers, equine activity, alcoholic beverage consumption and many other topics. Publication from the Agri-Business Council of Oregon, 1200 NW Naito Parkway, Suite #290, Portland, OR 97209; 503-241-1487.
• Black’s Win & Clay/Waterfowl - The “bible” of upland-bird-hunting preserve and lay-target shooting range operators and customers. This annual guidebook contains specialty insurance providers and concise discussions of liability and employee-classification issues. Grand View Media Group, 200 Croft Street, Suite 1, Birmingham, AL, 35242. Customer service is located in Minnetonka, MN and can be reached at 800-766-0039 or via the E-mail link listed above.
• Gillingham & Associates, Westminster, Colorado - A division of Philadelphia Insurance Companies. Example of a well-established industry leader that is a provider for all sorts of hunting-outdoor related insurance needs related to guides and outfitters, landowners, guest ranches, bed & breakfast operations, lodges, hunt clubs and hunting leases, and special event coverage. Gillingham & Associates, 8501 Turnpike Drive, Suite 200, Westminster, CO  80031; 800-849-9288.
• Insuring "Agritainment": Is it Farming or a Business?, American Association of Insurance Services, 2005.
• The Legal Guide for Direct Farm Marketing, Drake University, Des Moines, Iowa - For more information, call: 515-271-2947.
• North American Farmers' Direct Marketing Association - This site provides a member’s liability insurance list. For more information, call: 413-529-0386.
• OutdoorInsurance.Com, Wheeling, West Virginia - Example of a provider for all sorts of hunting-outdoor related insurance needs. Site contains many sample forms and discussion related to guides and outfitters, landowners, special event coverage and property and equipment forms. R. Tim Reed, P.O. Box 6336, Wheeling, WV  26003; 866-695-9040; tim@outdoorsinsurance.com.
  
• Outdoor Insurance Group, Wichita, Kansas - Example of a provider for all sorts of hunting-outdoor related insurance needs. Site contains many sample forms and discussion related to guides and outfitters, landowners, guest ranches, bed & breakfast operations, recreational-vehicle parks and campgrounds, off-road vehicle use and rental, hunt clubs and hunting leases, special event coverage and property and equipment forms. Outdoor Insurance Group, 400 N. Woodlawn Suite 100, Wichita, KS  67208; 888-683-7808.
• Outdoor Laser Tag Insurance, Indianapolis, Indiana - Example of a specialty insurance provider and trade group related to this activity; business planning kits and related information. Outdoor Laser Tag Association Inc., 5351 E. Thompson Road, Suite 236, Indianapolis, IN  46237; 317-786-9755.
• Understanding Farmers Comprehensive Personal Liability Policy: A Guide for Farmers, Attorneys and Insurance Agents, National Center for Agricultural Law, Research & Information, School of Law, University of Arkansas - For more information, call: 479-575-7646.

Agreement Examples

• Indemnification Agreement Example 1
• Indemnification Agreement Example 2