Liability Release/Indemnification
Liability Release: Please note, Jess LaRocca Photography + Design/Jess LaRocca cannot be held accountable or liable for any injuries or accidents that may occur during or in relation to your session. By booking with me, you agree and recognize that there are certain inherent risks associated with the session you are planning and you agree that you assume full responsibility for personal injury to yourself and your group and further release and discharge Jess LaRocca Photography + Design/Jess LaRocca for any injury, loss or damage arising out of you or your group’s use of or presence at the session whether caused by the fault of you, your group, Jess LaRocca Photography + Design/Jess LaRocca, or any other third parties.
Indemnification: You agree to indemnify and defend Jess LaRocca Photography + Design/Jess LaRocca against all claims, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from you or your group's use of Jess LaRocca Photography + Design/Jess LaRocca’s/Jess LaRocca’s inventory, property, experience, and/or event.
Client Indemnity: In this Contract, the Photographer agrees to indemnify the Client (and its affiliates and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of: (i) the work the Photographer has done under this Contract; (ii) a breach by the Photographer of its obligations under this Contract; or (iii) a breach by the Photographer of the promises it is making in Section 3 (Representations).
Photographer Indemnity: In this Contract, the Client agrees to indemnify the Photographer (and its affiliates and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of a breach by the Client of its obligations under this Contract.
Severability: This section deals with what happens if a portion of the Contract is found to be unenforceable. If that’s the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.
Arbitration: As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.
Modification; Waiver: To change anything in this Contract, the Client and the Photographer must agree to that change in writing and sign a document showing their Contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.
Governing Law: The laws of the state of Nebraska govern the rights and obligations of the Client and the Photographer under this Contract, without regard to conflict of law principles of that state.
Entire Contract: This Contract represents the parties’ final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other Contracts (both written and oral) between the parties.
By submitting this form you are agreeing to all of the terms outlined above and throughout this form.
