Michelle
Just Said Yes October 2022

Question about photographer contract!

Michelle, on August 16, 2021 at 10:37 AM Posted in Planning 0 6
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So there is this clause:

In no event shall HLP be liable for monetary damages, whether in tort, for breach of contract or otherwise, under this Agreement for an amount in excess of the Retainer and any other monies paid hereunder.

I'm worried that they would, for example, trip and fall and break something that belong to the venue. Does this mean I have to cover that damage? I don't think they would maliciously damage stuff. But the "in tort" part got me worried. Thank you!

6 Comments

Latest activity by Michelle, on August 16, 2021 at 5:58 PM
  • Mcskipper
    Master July 2018
    Mcskipper ·
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    No, it seems this is basically saying that you can’t sue for emotional damages for more than what you are paying for services. Basically: if something goes horribly wrong, you can get your money back but you can’t get MORE than your money back (if you paid 5k for photos but they ruined your day, you can’t come after them for 10k).


    Something like property damage would fall elsewhere, and is ultimately an insurance issue , and both your venue and your photographer should have their own insurances to protect themselves here , though if you have concerns you should certainly ask about what is protected from an insurance standpoint ! (You can always take out a relatively inexpensive wedding insurance policy as well, If what they are covering doesn’t completely satisfy your needs)
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  • Michelle
    Just Said Yes October 2022
    Michelle ·
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    Ohhh ok. Is this pretty standard than?

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  • Jessica
    Dedicated August 2021
    Jessica ·
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    I think this is pretty standard & would only apply if something were to break due to the fault of someone in the wedding party or something extreme such as a drunken party goer bumping into equipment & the equipment breaks etc.

    But other than that like the above stated, they have their own insurance for any other instances/disasters.

    I wouldn't worry too much about it. Smiley smile

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  • Allie
    VIP November 2021
    Allie ·
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    As Mcskipper said, this is saying you can't sue them for more than what you paid them, meaning if something goes wrong, you're agreeing to not go after them for court fees, attorneys' fees, and any other fees above the amount you paid. It's to protect them from being sued really. It is fairly normal for companies to include that to protect themselves from potential lawsuits, so I wouldn't worry too much. If something does happen with them, you can still go after them for the amount you paid, you would just have to cover your own court costs.

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  • Michelle
    Just Said Yes October 2022
    Michelle ·
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    Thank you!!
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  • Michelle
    Just Said Yes October 2022
    Michelle ·
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    Thank you so much for explaining this to me Smiley smile
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