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Photography Contracts - Liability Clause

We just picked our photographer and were reviewing our contract when I noticed there is a liability clause that we have to sign stating that if he loses or damages the film he is not responsible. Is this normal? I hate contracts.

Re: Photography Contracts - Liability Clause

  • jessicademahyjessicademahy member
    10 Comments
    edited December 2011
  • ceeceed80ceeceed80 member
    100 Comments
    edited December 2011
    it depends. 

    as a lawyer, i would not sign a contract with a vendor who wasn't going to take responsibility for their lack of preparedness. it also sounds like he doesn't have liability insurance. as a wedding photographer and a legal business he should be in possession of liability insurance. 

    our photographer states that is anything should happen re: loss, etc, we will be refunded the cost of the package minus the deposit. which means i get the vast majority of my money back. and i'm ok with that. 

    but it just seems that vendors can now just put into writing that if they screw something up they can just $crew you and not be held accountable. i'm not ok with that. 
  • PeacefieldPeacefield member
    100 Comments
    edited December 2011
    I will respectfully disagree with Ceeceed80.

    Liability insurance protects you if someone trips over the photographer's bags or he bumps into someone and knocks them over.  It does NOT, however, offer a reimbursment of fees or any other protection for lost photographs.

    You have to understand that anything can happen.  A photographer can do everything right all day, put the memory card into his computer, and the data is found to be corrupt.  Lost images can happen for many reasons far beyond the photographer's control. 

    What a properly worded liability clause should express is that the photographer takes every precaution to guard against loss.  If there is a loss, there should be some sort of pro-rata form of refund.
  • jessicanorenejessicanorene member
    10 Comments
    edited December 2011
    If it states he is not responsible for losing or damaging the images, there's something wrong. Mine says that if its an act of God, I can't be sued, but I will still refund the money, minus the deposit.
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