LIMITATION OF LIABILITY; RELEASE OF PHOTOGRAPHER.
If Client has any claim or cause of action against Photographer under this Agreement or based on the services provided hereunder, whether arising in tort or contract, or if Client is personally injured while Photographer is providing the services under this Agreement, even if based on or caused by Photographer’s negligence or the negligence of Photographer’s employees or independent contractors, Client’s recovery and Photographer’s liability is limited to the total amount paid from Client to Photographer under this Agreement and Photographer will have no further liability to Client, regardless of the total amount of costs or damages, including but not limited to direct, special, incidental, indirect, or consequential damages, claimed by Client.
Client’s recovery is likewise limited to the total amount paid from Client to Photographer under this Agreement in a situation where the digital files or film negatives are lost or damaged through camera malfunction, where Photographer’s camera(s), memory cards or film negatives are stolen, or where Photographer’s equipment is otherwise lost or damaged.
Photographer is not responsible for digital files once they are purchased and received by Client. Client is responsible for making electronic backup copies of any digital files that are purchased from the Photographer within 30 days of the gallery release.
RELEASE OF LIABILITY FOR THIRD-PARTY ACTIONS.
Photographer is not liable for any actions of third parties who may illegally obtain the photographs taken at Client’s session, including but not limited to, a third party who may steal Photographer’s camera, memory card(s), computer(s) or hard drive(s), a third party who may breach the online proofing system used by Photographer, or the mail carrier used to deliver Client’s prints, album, digital files or other photographic art products.
Photographer is likewise not liable for any actions of third parties that occur after the prints, album, digital files or other photographic art products are delivered to Client’s possession, and Client assumes all responsibility for securing the privacy of the images in Client’s possession.
Photographer is hereby not responsible for any situation in which this contract is not fulfilled due to unknown hospital or birth center policies. Please also know that we will be limited by the guidelines (if there are any) of the facility and/or the delivering doctor/midwife, some of which arise during delivery. Negotiation for moderation of the guidelines is your responsibility. If you are planning a birth at home or in a birthing center, please check with your midwife AND your back up hospital in case of a transfer.
The Photographer reserves the right to terminate coverage and leave the location of the event(s) if the Photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s); or in the event that the safety of the Photographer is in question.
Photographer is released from liability of injury to Clients or present individuals. Client is responsible for the safety of the session, not the Photographer.
Due to the nature of Birth Photography, medical professionals are responsible for the safety of the environment. The sole purpose of the Photographer is to document what is happening and not to medically intervene.
Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client's property during the course of the photography session and the immediately surrounding events.
This Agreement may be signed in any number of counterparts, each of which shall be deemed an original, and all signatures together shall constitute one and the same agreement.
This Agreement may be signed via fax, email or other electronic means, any of which will be fully binding as an original signature.
WHEREFORE, the parties execute this Agreement on the date first written below.
Contact : 928.246.0980