Contract Clause Concern

That’s generally in there, however, they USUALLY refund if that happens. What does the exact clause say?

View Quoted Comment Seconding this, what happens in the event any of these happen. Honestly, ”human error” is the only part of that that concerns me. Does this mean is she messes up she's not responsible? That wouldn't it right with me

The clause says nothing about refunds in this case - which is what I'll be asking her about. I can't imagine any vendor would lose our videos and just say, "oops, oh well!" She seems very sweet and amenable so I imagine she'd refund us in the case of this happening but I imagine I should get this in writing.

Exact wording:

"The Videographer cannot be held responsible for weather, destruction of equipment due to acts of god, or lost images due to technical failure, including but not limited to: accident, human error, loss of materials, damage to materials, damaged from processing, camera malfunction, materials lost in the mail, fire, equipment problems, memory card corruption, or other failures."

View Quoted Comment Oooooh. Yes this is a very common clause. Basically it means if something so bizarre happens that the video isn’t shot or is shot but gets corrupted, she can’t be held legally liable

I dunno about the videographer but our photographer had a similar one. Basically that the best photos come from posed and candid photos during reception may be blurry and whatnot.

Maybe this is only a legal notice?

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What does that mean exactly?

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Maybe they are covering themselves so they can't be sued for some crazy amount. I would say they are willing to work with people but can only afford to refund. Maybe they had a crazy couple in the past who lawyered up.

The contract is way over one sided. I would not sign. Weather, acts of god, fine.

My videographer didn’t have that in their contract....I would feel very uncomfortable with that.

Hmm..I just checked my videography contract and it doesn't say that. I would definitely ask about it, as you already mentioned you plan to do, and ensure they add to the contract that a full refund will be provided if this happens. Otherwise, I'd look elsewhere.

That clause usually exists, but make sure it says that you’ll receive a refund if that happens because otherwise you’d be paying for nothing... You can contact your photographer/videographer and bring your concern and even get the contract edited so that it includes the solution if something like that unfortunately happens.

Maybe ask via email if she has back up equipment and if there is an issue with loss of media for reasons outside of her control (Paragraph ...), would a refund be given? At least her response will be in writing if she agrees to refund you.

My photography and videography contracts say that.

No no no no no no. Have that red lined and do not sign until it reads that the photographer will not be held liable beyond the value of the existing contract for those actions. Basically you want to explain that while of course an act of god (massive fire or something) would never be the photographers fault and you don’t want to put her business at risk, you as the customer are purchasing a service and the service is not considered rendered without the photo/video products at the end and therefore you as customer also can’t put yourself at risk of purchasing a very expensive service without a guarantee of delivery. And, If all else fails, have “human error” stricken from that contract.

That's typical. However, and speaking as an attorney, make sure it's in your contract that should anything happen you will receive a full refund if all images are lost/destroyed and a percentage if a percentage of the images are lost/destroyed.

Ones we saw all said the photographer would not be liable ( can't sue for damages, plus emotional distress, etc.) if images lost for reasons beyond their control, but if a substantial part of the event was missed due to error of malfunction, a partial or full refund, reflecting the amount of services or product lost, would be made by the vendor. Never had occasion to use it til this summer when niece's wedding photographer was 2 hours late, Friday afternoon traffic and then got lost, called us from 25 miles up the highway beyond us. Arrived 1 hour before ceremony, missed final getting ready, putting on veil etc, and the entire planned hour with bridal party and family pictures taken before that. He made a deal. Since a couple people with excellent digital cameras took pictures, he deducted 1/4 if fee for missing 1/5 of scheduled time, and agreed to put on CD and DVD all their goid shots, and print them all for every album made, as well as 5 of each to give the original photographer to have it give to others. About 60 photos, 10 midsize prints each, nicely cropped or edited ( though niece wanted no retouching). So since time was covered by his doing the donated photo files he compiled and printed free, as well as time, both sides satisfied. Make sure that while you free them from liability for suing them, you do have a clear policy of refund or other services provided in exchange for actual picture loss that is extensive. Not just a few shots, but a substantial loss.