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Thread: Disclaimer Help

  1. #1
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    Disclaimer Help

    I've been asked to take some photos for a local charity. The photos include portraits of the staff and the facility. They got a price quote of $2000 from a local photographer which they cannot afford. A friend works there and requested me if I can help them with this. She is aware that I am not a professional and I am not going to charge them either.

    1- I was wondering if anyone of you have a sample disclaimer that I can use?

    2- Am I suppose to have someone at the charity sign this disclaimer?

    Thanks!



  2. #2
    KmH
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    An online photography forum is the wrong place to be seeking legal advice. Contact a local attorney.

    What you are describing is an indemnity clause and it would just be one part of a complete contract.

    Contracts are a basic necessity when dealing with any kind of a business, be it a for profit or a non-profit, even if you aren't charging.

    You want to claim being a non-professional, but want a legal document for your legal protection.
    Last edited by KmH; 06-21-2010 at 08:17 AM.
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    I am not an attorney, though I work in the legal field. This should do. Both yourself and a person from the Charity with authority to sign this should sign. Make a copy and give them one after both of you have signed it. Make sure the indicate their position or title at the Charity below their name and signature.

    Contract
    [Insert name of Charity here] and [Insert your name here] enter into this Contract as of [Insert Date here]. [Insert name of Charity here] and [Insert your name here] agree as follows:
    Indemnification
    Each party hereby agrees to indemnify, defend, and hold the other harmless from any loss, liability, costs or damages arising from actual or threatened claims or causes of action resulting from the negligence, gross negligence, or intentional misconduct of the party indemnifying or its respective officers, directors, employees, agents, contractors, members, or participants (as applicable), provided that with respect to officers, directors, employees, and agents, such individuals are acting within the scope of their employment or agency, as applicable.
    Insurance
    [Insert Charity name here] shall obtain and maintain and provide evidence of insurance upon request in amounts sufficient to provide coverage for any liabilities which may reasonably arise out of or result from the parties’ respective obligations pursuant to this Contract. [Insert Charity name here] understands and agrees that [Insert your name here] does not or maintain insurance against the above.
    Limitation on Punitive Damages
    The parties hereby agree that neither party shall be liable for any punitive damages.
    Americans with Disabilities Act
    [Insert Charity name here] shall be responsible for compliance with the public accommodation requirements of the Americans with Disabilities Act and any applicable state or local laws in their respective operation or use of the Charity.
    Arbitration/Dispute Resolution/Attorneys Fees
    The parties will resolve any controversy, claim or dispute of any kind or description arising out of or relating to this Contract through binding arbitration conducted in accordance with the rules of the American Arbitration Association or JAMS in the State in which the Charity is located. The law of the State in which the Charity is located will be the governing law. The arbitration award will be enforceable in any state or federal court. In any arbitration or court proceeding, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, including arbitration fees. In addition, [Insert your name here] shall be responsible for payment of attorneys' fees and interest associated with the Charity's efforts to collect monies owed under the terms of this Contract.
    Compliance with Laws and Charity Rule and Policies
    [Insert Charity name here] agrees to comply with all applicable federal, state and local laws and Charity rules and policies governing the Contract and event, including any rules, regulations or requests of the U.S. Department of Homeland Security.
    Governing Law
    This contract shall be governed by and construed in accordance with the laws of the State of [Insert name of State here]. By executing this Contract [Insert your name here] consents to the exercise of personal jurisdiction over [Insert your name here] by the courts of the State of [Insert name of State here]. The parties agree that the venue of any action involving or arising under this Contract shall be in the State of [Insert name of State here], county of [Insert name of County here].
    Notice
    Any notice required or permitted by the terms of this Contract must be in writing.
    Waiver
    If either party agrees to waive its right to enforce any term of this Contract, it does not waive its right to enforce any other terms of this Contract.
    Severability
    If any provision of this Contract is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of the Contract shall have full force and effect.
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  4. #4
    I spend too much of my life on TPF!
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    Quote Originally Posted by KmH View Post
    An online photography forum is the wrong place to be seeking legal advice. Contact a local attorney.

    What you are describing is an indemity clause and it would just be one part of a complete contract.

    Contracts are a basic necessity when dealing with any kind of a business, be it a for profit or a non-profit, even if you aren't charging.

    You want to claim being a non-professional, but want a legal document for your legal protection.
    I saw some similar questions being asked on this forum in the recent past therefore decide to give it a shot.

    Permits / Finding Locations

    Release to print files


    Quote Originally Posted by Alpha View Post
    I am not an attorney, though I work in the legal field. This should do. Both yourself and a person from the Charity with authority to sign this should sign. Make a copy and give them one after both of you have signed it. Make sure the indicate their position or title at the Charity below their name and signature.
    Thank you so much for your help

 

 

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