festival guidelines

The following guidelines are to assist festival committees in the planning and management of Parish/School festivals. Festivals go above and beyond the daily ministries of the Parish/School, and therefore create unique liability exposures. It is vital that Parishes/Schools develop a “best practices” approach in order to provide better assurance for the safety of everyone involved.

festival supervision

Good planning and supervision are important components for a successful festival. A festival chairperson is needed for communicating all policies and procedures to festival workers. The festival chairperson should report to a staff person at the Parish/School. In addition to a festival chairperson, each area of a festival should have a supervisor. As with the festival chairperson, the supervisor’s responsibility is to inform festival volunteers of policies and procedures. It is recommended that the Parish/School develop written guidelines for the operation of their festivals which are shared with the volunteers.

certificates of insurance and vendor agreement

The Parish Festival Vendor Hold Harmless/Indemnity Agreement should be signed by vendors who provide services at Parish/School festivals. The Parish Festival Vendor Agreement must be signed by the following types of Parish/School festival vendors:

  1. Ride and game vendors;
  2. Tent companies
  3. Security companies
  4. Suppliers of large quantities of food
  5. Bands/Entertainers
  6. Stage and Stage Equipment providers
  7. Truck Leasing Companies

The Parish Festival Vendor Agreement requires the festival vendor to provide the Parish/School with a certificate of insurance documenting general liability coverage in the amount of one million ($1,000,000) dollars per occurrence. The certificate of insurance must name the following as additional insureds for the dates of the festival: (1) Archbishop of Cincinnati Dennis Schnurr, Trustee for the Roman Catholic Church of the Archdiocese of Cincinnati and His Successors in Office, (2) Archbishop of Cincinnati Dennis Schnurr, Trustee for ___________[insert name of Parish/School] and His Successors in Office; (3) the Archdiocese of Cincinnati; and (4) the Parish/School. 

contracts

It is very important to read a contract before signing and equally important to understand what the contract says. Contracts should only be signed by the Pastor, Principal, or Business Manager.  The Finance Office of the Archdiocese of Cincinnati is available to review contracts prior to final signing.   In the past, there have been contracts relating to festivals that were signed by the Parish/School which contained unfavorable wording that required the Parish to pay for any type of claim which happened during the festival. Since the insurance program does not cover any type of claim that ever happens, Parishes that signed these types of contracts were actually risking Parish assets.

Remember, no matter how small a contract may be, if it contains unfavorable hold harmless, indemnity, or reimbursement language, the Parish is risking a financial burden if a liability or property damage claim occurs.  

Local Permits/Working Relationship with Municipality

Festival Committee member/s should reach out and meet with local municipality officials to ensure all required permits and inspections are scheduled and completed properly.

Festival Committee member/s will want to work with local municipality on traffic control (street closures, traffic directional changes etc)

Grand Raffle/Large Raffles

  • Must have published rules available to the ticket purchaser.  
  • The State of Ohio requires a two part ticket for raffles. The winning ticket needs to be physically drawn from a bin. 
  • Mailing Raffle Tickets:
    • To comply with USPS regulations, raffle tickets must clearly state that a donation is suggested but not required for participation. This helps eliminate the “consideration” element, which is one of the three components that define a lottery (the other two being prize and chance). By indicating that the donation is optional, you ensure that the raffle does not constitute a lottery under federal law, making it permissible to mail the tickets. Clear communication on the tickets that no purchase or donation is necessary to enter or win is crucial for legal compliance.

use of volunteers

Volunteers should be at least 18 years of age or supervised by an adult with parental permission. The volunteer should be selected and matched to tasks according to their training and/or skills. Each volunteer should have a clear understanding of the duties associated with the task and any risks inherent to the position. Any personal protective equipment required to perform the task should be provided for the volunteer.

safety on festival grounds

Many trip, slip, and fall accidents can easily be prevented with proper planning and periodic inspections of the grounds during the festival. Below are some common physical safety hazards at festivals, along with suggestions on how to try and alleviate the safety hazard.

  • Electrical cords and hoses – Electrical cords and hoses in walkways may present a trip hazard. Vinyl cord and hose protectors or safety guards to cover the cords extending across a walkway should be used to combat these trip hazards.
  • Lighting – As the majority of festivals extend into the evening hours, adequate lighting is essential. The festival grounds and parking areas should be well lit. Temporary lighting may need to be installed to ensure adequate lighting.
  • Tent stakes and ropes – Tent stakes and ropes should be marked with orange flags to identify their presence.
  • Debris on grounds – Many accidents occur when people slip on food or litter while on festival grounds. Plenty of trash containers should be provided and they should be periodically emptied. In addition to providing trash containers, the grounds should be periodically inspected and cleaned to make sure undesirable amounts of litter are not accumulating.
  • Stages – Stages must be set up and torn down by qualified personnel. The stage must be built sturdy enough to accommodate the weight of occupants and/or props. Electrical outlets on the stage should be properly grounded. If extension cords must be used, they should be heavy-duty double insulated cords. Stage flooring must be kept dry and clear of debris. Stairs leading to the stage must be equipped with a handrail.  If the stage will be used during evening hours, it is recommended that glow-in-the-dark tape along the edge of stage platform be installed.

Weather

While most festivals are held rain or shine, plans should be in place in the event of severe weather. In the case of a tornado or lightning threat, festival patrons and workers should seek appropriate shelter inside a building.

Documented evacuation plans should be in place in case of severe storm and or other local threat

security

Festivals need a security plan. Formal security is necessary, as festivals deal with large amounts of money and high volumes of people. It is recommended that the Parish/School utilize local police during festival hours.  Private security firms can be hired for non-festival hours. When hiring private security, be sure to check references and verify you have hired a reputable security company. Once a security company is hired, allow the company to manage and supervise their own employees.

When confrontations between festival patrons occur, allow security personnel to handle the situation. Festival volunteers are generally not trained to deal with these types of situations.

Security during non-festival hours is as important as security during festival hours. During time periods when the festival is not operating, vandalism and theft can occur on festival grounds.

For this reason, it is recommended that security guards be used during non-festival operating hours. Lighting should be maintained as a security measure even when the festival is not operating.

parking

Similar to the actual festival grounds, injuries can occur in parking areas and vehicles can be damaged.

Valet parking is not permitted. Any volunteers assisting with parking should wear a brightly colored vest or other garment. If a neighboring parking lot (not owned by the Parish/School) is used for the festival, a written agreement between the owner of the lot and the Parish/School should be prepared and signed by the Pastor, Principal, or Business Manager.

Adequate lighting is an important component for a safe parking lot. Care should be taken to allow room for pedestrian traffic through parking lots. A well-lit parking lot does not guarantee that a vehicle will not be vandalized.  For this reason, posting signs at the entrance to lots indicating, “The Parish/School will not be responsible for damaged or stolen vehicles” is recommended. 

Parking space should be made available for emergency vehicles. Additionally, there must be access routes to and from the festival and through parking lots for emergency vehicles. When planning the festival, keep in mind that the fire department, police, or an ambulance service may need to access festival grounds if an emergency occurs.

medical Services

As injuries do occur at festivals, it is very important that medical services be utilized to reduce the effects of the injury.

First Aid stations should be visible and easily detected by an injured person and be equipped to deal with minor injuries.

When a major injury occurs, call 911 immediately. Whenever medical treatment is provided, it should be documented in a written report. A template of an accident report is available below to download.  If an individual who is injured denies medical treatment, a signed refusal of medical treatment should be obtained from that individual. A template of a refusal of medical treatment form is available below to download.  

festival rides

Vendors who provide festival rides must have liability insurance ($1,000,000) with aggregate limits of two million dollars ($2,000,000) and provide a certificate of insurance naming the following as Additional Insureds for the dates of the festival: (1) Archbishop of Cincinnati Dennis Schnurr, Trustee for the Roman Catholic Church of the Archdiocese of Cincinnati and His Successors in Office; (2) Archbishop of Cincinnati Dennis Schnurr, Trustee for ___________[insert name of Parish/School] and His Successors in Office; (3) the Archdiocese of Cincinnati;  and (4) the Parish/School.

The Archdiocese of Cincinnati Insurance Program does not allow the following activities: 

  • Animal Racing
  • Archery
  • ATV Rides
  • Bull Riding Machines
  • Bungee Jumps
  • Demolition Derby
  • Dunking Booths
  • Firearms
  • Helicopter Rides
  • Hot air/tethered balloons
  • Inflatable Attractions
  • Paint Ball
  • Rock Climbing Walls
  • Trampolines
  • Zip Lining

animals

In the past, some Parish/School festivals in the Archdiocese of Cincinnati have involved live animals in inappropriate ways that do not reflect Church teaching about their place in God’s creation. The Catechism of the Catholic Church (2416) says:

Animals are God’s creatures. He surrounds them with his providential care. By their mere existence they bless him and give him glory. Thus men owe them kindness. We should recall the gentleness with which saints like St. Francis of Assisi or St. Philip Neri treated animals.

 Please keep this in mind when considering the use of animals in festival plans.

food

When food is supplied by outside vendors, the Parish Festival Vendor Hold Harmless/Indemnity Agreement should be utilized. If a Parish/School elects to have volunteers prepare and serve food onsite the following food handling recommendations should be followed.

  • Refrigerators should be kept at 40 degrees or cooler. Freezers should be kept at 0 degrees. Raw meat and poultry should be refrigerated as soon as possible after purchasing or receiving. At the grocery store or deli, keep raw meats and poultry separated from other perishables. Never thaw frozen meat and poultry on the kitchen counter; thaw them in the refrigerator. If in a hurry, thaw in a bag under cold running water. If a microwave is used for thawing, the food should be immediately cooked.
  • Canned goods should be stored in a cool, dry area and should be free of cracks, dents, and bulging.
  • Cooked or prepared food requiring refrigeration should never be left unrefrigerated for more than two hours. In a warm environment, food should sit out no longer than one hour.
  • Refrigeration and freezing does not kill bacteria on food which sat out too long and has started to spoil.

Two of the more common types of food poisoning are caused from salmonella and E. Coli bacteria. Any raw food of animal origin (i.e. meat, poultry, eggs, raw milk, fish, and shellfish) may carry salmonella. Food can be contaminated with E. Coli when a food handler or cook does not follow good sanitary procedures. Critical to this is washing hands after using a bathroom. The key to preventing an exposure is to not allow any contamination while preparing food and to effectively destroy bacteria during the cooking process. The following steps will greatly reduce the likelihood of a food-related illness:

  • Inspect the food to see if there are any signs of contamination or spoilage. Fish, poultry, fruits, and vegetables should be thoroughly washed/rinsed.
  • Always wash your hands with soap before handling and preparing food. You should also rewash your hands before preparing another type of food or when using a new knife/utensil.
  • Raw meats, fish, and poultry should be cut on an acrylic cutting board, not wood. Use a wood cutting board for fruits and vegetables
  • Never serve food on a plate or platter where raw meat, fish, or poultry was cut or prepared.
  • Never let raw meat, fish, or poultry or their juices come in contact with other foods.
  • If the work area was cleaned with a dishcloth, always immediately switch to a clean one or use disposable paper towels.
  • After cleaning utensils and work areas, an additional measure is to sanitize. This can be done using 2 or 3 teaspoons of household bleach in one quart of water, then thoroughly rinsing with cold water.
  • Always cook food thoroughly. Only thorough cooking destroys bacteria. Thermometers are recommended to determine if the internal temperature of the food you are cooking has reached a safe temperature. Internal temperatures should reach 160 degrees. If the food includes poultry, the temperature should reach 185 degrees.
  • If serving food for an extended period, hot foods should be kept above 140 degrees and cold foods below 40 degrees.

Bands/Entertainers

A Performance Agreement should be entered into between the Parish/School and the entertainer/band.    A template of a Performance Agreement is available below for download.  The entertainer/band should agree to carry general liability insurance in a combined single limit amount of not less than $1,000,000 per occurrence insuring against general liability including, but not limited to, bodily injury, death and property damage.  At the request of the Parish/School, the Artist(s) shall provide satisfactory evidence that the required insurance is in full force and effect.

alcohol

Parishes/Schools should be aware that property damage or injury claims could be made against them due to individuals who become intoxicated at a Parish/School festival. Specifically, the Parish/School should be concerned with minors and making sure that people who are intoxicated are not sold alcoholic beverages. The following are recommendations to assist in reducing the Parish/School’s potential liability in the event of an alcohol-related accident:

  • Know and follow state liquor licensing requirements.  A temporary liquor permit valid for the date(s) of the festival must be obtained from the State Department of Liquor Control.
  • Alcohol permits for festivals only allow alcohol to be sold by the drink.
  • The supply of alcoholic beverages to be sold at the Festival must be purchased from a local distributor. Alcoholic beverages may not be donated.
  • Identification should be checked to ensure individuals under the age of 21 are not served alcohol. Post signs about the serving area on the legal age of drinking. The signs should also indicate that you reserve the right to verify the age of anyone wishing to purchase alcoholic beverages and the right to refuse to serve anyone.
  • Post signs prohibiting anyone from bringing alcoholic beverages on the premises. Violators should be asked to leave the premises.
  • Alcoholic beverage sales should be held only within a restricted, confined, roped in or fenced in area.
  • Anyone who serves or sells alcoholic beverages should be at least 21 years of age.
  • Festival leaders should have a pre-existing plan to handle individuals who have had too much to drink.
  • Post signs offering to call a cab/Uber/Lyft for overindulged guests.

A “bracelet booth” should be set up to check identification of any individual wishing to consume alcohol to ensure they are of legal age. An individual who has shown proper identification is then furnished with a colored bracelet designating they are of legal age to consume alcohol at the Parish/School festival. Security and festival workers would have the responsibility of patrolling and monitoring the grounds to ensure that individuals consuming alcohol are wearing the necessary bracelet.

Festival Committee should have alcohol inventory systems and double checks on product distribution in place to help alleviate theft.   

using alcoholic beverages as prizes

Parish/School organizations can award alcohol as a prize in a raffle, silent auction, or door prize at a fundraising event without a permit.  (Ohio Revised Code Section 4301.58)

Further, The Archdiocese of Cincinnati insurance program requires:

  • Prize be secured and not opened until the patron leaves the property
  • Prize must be shrink wrapped (or secured in like manner) 
  • Affix a label: By taking possession of this prize containing alcohol, patron agrees to keep packaging secured and unopened while on (parish/school) property.   
  • Participants in the raffle event must be 21 years of age or older.
  • Sellers of the raffle tickets must be 21 years of age or older.

gambling

The Attorney General’s policy for fundraising events that include games of chance is available online: http://www.ohioattorneygeneral.gov/Files/Publications-Files/Publications-for-Business/Policy-201-Games-of-Chance  It is a requirement that all gambling (except for bingo) be conducted as part of a Parish/School festival.  Under Ohio law, all gambling activities require that volunteers be the operators of the specific games. The only exception is the payment for security personnel.

  • No one under the age of eighteen (18) should be permitted to operate a game of chance with cash prizes. Persons younger than eighteen (18), however, may assist in the operation of a game so long as the prize awarded is a non-cash item.
  • No one under the age of eighteen (18) should be permitted to gamble in a game of chance for cash prizes. Persons under the age of eighteen (18) may gamble for a non-cash prize as long as the intent of the game is entertainment, such as ring toss, ball toss, pick-a-prize, etc.
  • Raffle Tickets and Younger Children – Parishes/Schools should exercise prudence with regard to raffles and other games of chance. Young children should not be responsible for selling raffle tickets or the subsequent responsibility for accounting for the sales. For instance, no one under the age of eighteen (18) is permitted to purchase a State of Ohio lottery ticket. If an adult purchases a ticket and gives it to a person under eighteen (18), prudence dictates that if that ticket is a winner, the prize should be turned over to the parent or legal guardian of the child to avoid potential legal problems.

Dice Booth – A car dealership and a motorcycle dealership have suggested a Dice Booth to a few festival committees.  This Dice Booth requires a festival patron to roll the dice and if the correct number sequence appears the patron wins either a new car or a new motorcycle.   The dealership purchases an insurance policy from their Insurance Broker to cover the cost of the prize and require the dice game to be continually recorded through the use of a video camera.  The Archdiocese is not in favor of having this type of booth at festivals.   The complexity of taping the operation of the game during the entire festival weekend, the potential dispute & litigation over a very valuable prize, the need for trained volunteers to run the booth, necessary review of an agreement with the dealership and adherence to the requirements of their Insurance Policy places the Parish/School and the Archdiocese at increased risk.

Money

A predetermined plan to deal with cash as it flows through the festival is needed. A good plan should accomplish the following:

  • Cash should be collected from festival booths at regular intervals
  • Tamper-proof bags should be used.
  • Groups of three or more individuals should be responsible for the transfer of cash from festival booths to a centralized location.  Preferably have a police escort.
  • Cash that accumulates at the festival’s centralized location should be stored in a locked safe that is guarded by security.
  • Cash should always be counted by multiple teams consisting of at least two people who trade off.
  • Bank deposits should be made at regular intervals during the festival. Cash should not be allowed to accumulate in the safe until completion of the festival.
  • When collecting cash from festival booths or taking deposits to the bank, both times and routes of the collections or deposits should be varied to eliminate a pattern from developing.

information reporting requirments

  • Form W2-G (Certain Gambling Winnings) must be filed for each person who wins a prize with a fair market value of more than $5,000. Such forms are also required if the winnings are more than $600 and are at least 300 times the amount of the raffle ticket.
  • Income Tax Withholding – A charity must withhold (and remit to the U.S. Treasury) federal income tax on any payment exceeding $5,000 (net of ticket cost) that is made as part of a lottery fund raiser. A raffle is considered a lottery for withholding purposes.   This also applies to noncash items with a fair market value exceeding $5,000 (net of ticket cost). The instructions for Forms W-2G and 5754 expand on the above paragraphs.

Claim Reporting

If an incident does occur during Festival hours, the Festival chairperson needs to report the incident to the Parish/School staff.  The Parish/School staff needs to immediately contact the Archdiocese of Cincinnati Claim Reporting Number:  833-273-5479 to relay the incident details.

Direct Questions to:

Bill Maly

Director of Benefits
513.263.3354

Jeannine Frank

Assistant Director of Benefits
513.263.3358

Gregg Marino

Benefits & Risk Management Admin Analyst
513.263.6678