Just had an inquiry about shoot for a baby's bday, including kids

[loonatic45414]

So what is the cost of paying for a, oh I don't know, a broke kid. $10,000.00, $100,000.00, $1,000,000.00?

Tell me, do you get a bond every time you drive a car, do you carry auto insurance, or are you one of those that don't bother with insurance on their vehicle with the Hell with it if an accident happens attitude?

Nice debate so far, but I'm not taking that bait. Have fun at the bottom.

 

[hfocal]

Oh no, messing up something at shoot is not what I plan to do. I have my Photography Workflows put together as well (PDFs), just the liability part is what I'm worried about cause I don't know these people. Have they screwed someone else before in court? It's just me trying to put together preventative measures I guess.

No one plans to mess up. This guy certainly didn't, but you know the old saying, $#!& happens.
Pregnant Woman Struck by Train Was an Aspiring Model

And with babies and kids $#!& happens All the D@^* time.

That's really unfortunate. I would be really pissed if I knew the photographer didn't make her back away from both tracks not just the other one. First of all, I wouldn't let someone lay / sit on it knowing it's a live track. What the heck

 

[hfocal]

About Special Event Insurance or any liability insurance, so let's say one has it, would you still have a line in the contract like for example below?

Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events

Speaking of common sense, probably this isn't needed anymore but let's say you've agreed about a client's idea, you're careful enough doing it but it goes horribly wrong for uncontrollable reasons, will this line protect you still?

 

[table1349]

So what is the cost of paying for a, oh I don't know, a broke kid. $10,000.00, $100,000.00, $1,000,000.00?

Tell me, do you get a bond every time you drive a car, do you carry auto insurance, or are you one of those that don't bother with insurance on their vehicle with the Hell with it if an accident happens attitude?

Nice debate so far, but I'm not taking that bait. Have fun at the bottom.

No bait to it. Did you read the OP's original post? "Only hesitating cause I don’t have liability insurance, can't afford it yet."

If the OP doesn't think they can afford insurance what makes you think they can afford a bond that they are ultimately responsible for? Are you going to step up and guarantee their bond?

That's the problem with advice like that. It's easy to throw it out there when you have no stake in the game. But woe be to the person that gets caught in a situation that followed such advise.

 

[table1349]

About Special Event Insurance or any liability insurance, so let's say one has it, would you still have a line in the contract like for example below?

Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events

Speaking of common sense, probably this isn't needed anymore but let's say you've agreed about a client's idea, you're careful enough doing it but it goes horribly wrong for uncontrollable reasons, will this line protect you still?

Asking legal advise such as that on a forum is totally worthless. That is why anyone setting up their own business needs a good lawyer for such matters.

 

[tirediron]

About Special Event Insurance or any liability insurance, so let's say one has it, would you still have a line in the contract like for example below?

Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events

Speaking of common sense, probably this isn't needed anymore but let's say you've agreed about a client's idea, you're careful enough doing it but it goes horribly wrong for uncontrollable reasons, will this line protect you still?

Asking legal advise such as that on a forum is totally worthless. That is why anyone setting up their own business needs a good lawyer for such matters.

So, so, sooooooo true. That said, you can put whatever you want in a contract but it does NOT make you bullet-proof. You can be sued regardless of the contract and if a judge finds that you were negligent, he's going to award damages to the client, and won't care what your contract said.

 

[loonatic45414]

So, so, sooooooo true. That said, you can put whatever you want in a contract but it does NOT make you bullet-proof. You can be sued regardless of the contract and if a judge finds that you were negligent, he's going to award damages to the client, and won't care what your contract said.

A. If we thought of what could happen to us that day, we would never leave the house.

B. LLC - limited liability corporation. Whatever happens, they cannot hold you personally liable, only the company.

C. People can and do often sign away their rights on contracts. Or they could choose not to contract you.

D. Of course get a lawyer. We all make jokes about them, but they do have their purpose.

 

[tirediron]

A. If we thought of what could happen to us that day, we would never leave the house.

B. LLC - limited liability corporation. Whatever happens, they cannot hold you personally liable, only the company.

C. People can and do often sign away their rights on contracts. Or they could choose not to contract you.

D. Of course get a lawyer. We all make jokes about them, but they do have their purpose.

A Quite possibly.

B. Completely untrue.

C. True, and absolutely true, but if you do some research, you will find that the courts frequently fail to uphold contracts where the client is asked to agree to unspecified perils or to accept negligent behaviour.

D. Unfortunately, true.

First and foremost: I am not a lawyer, I do not play one on television and I've stayed at a Holiday Inn Express, HOWEVER... I have done my research, and I have had consultations with and advice from lawyers both in general practice and those specializing in contract and IP law.

People frequently incorrectly assume that because they've got a clause in their contract which states they are not liable for <situation> they are immune from litigation. You can be sued by anyone for anything, and while it's reasonable for a company which conducts an inherently and overtly dangerous business such as skydiving or bungee jumping to disclaim liability for client injury even they are not going to be protected by that if it is demonstrated that they failed to take reasonable precautions, ensure their equipment was in good order, etc. In a situation which should be inherently safe, such as having a photographer take pictures of your children, I think it rather unlikely that the courts would uphold an injury waiver when little Jimmy tripped over a cable you forgot to tape down [negligence] and injured himself because he pulled a light stand down on his head.

As Gryph indicated above, a bond is of very limited benefit because it only covers a specific, pre-determined circumstance(s). Insurance, both for equipment loss and liability is the only sensible course. I pay $750 a year for mine, and have done for many years. I have never made a claim against it, but I pay it happily each year because I know if something bad does happen, I have some support. By all means, give it a try your way and let me know how it works out.

 

[vintagesnaps]

Let it go.

If it was just for fun for someone you know and trust then maybe (even then maybe not). Otherwise take time to develop skills and practice, and learn business aspects. Try American Society of Media Photographers - Homepage or PPA. You need experience with kids especially babies before getting paid for that type work as a pro.

 

[Derrel]

"What could possibly go wrong?"

Found this filed under, "Famous Last Words". But that quite was found on the interwebs, so I'm not sure if the attributions to the various people were genuine, or if they were made up.

 

[table1349]

A. If we thought of what could happen to us that day, we would never leave the house.

B. LLC - limited liability corporation. Whatever happens, they cannot hold you personally liable, only the company.

C. People can and do often sign away their rights on contracts. Or they could choose not to contract you.

D. Of course get a lawyer. We all make jokes about them, but they do have their purpose.

A Quite possibly.

B. Completely untrue.

C. True, and absolutely true, but if you do some research, you will find that the courts frequently fail to uphold contracts where the client is asked to agree to unspecified perils or to accept negligent behaviour.

D. Unfortunately, true.

First and foremost: I am not a lawyer, I do not play one on television and I've stayed at a Holiday Inn Express, HOWEVER... I have done my research, and I have had consultations with and advice from lawyers both in general practice and those specializing in contract and IP law.

People frequently incorrectly assume that because they've got a clause in their contract which states they are not liable for <situation> they are immune from litigation. You can be sued by anyone for anything, and while it's reasonable for a company which conducts an inherently and overtly dangerous business such as skydiving or bungee jumping to disclaim liability for client injury even they are not going to be protected by that if it is demonstrated that they failed to take reasonable precautions, ensure their equipment was in good order, etc. In a situation which should be inherently safe, such as having a photographer take pictures of your children, I think it rather unlikely that the courts would uphold an injury waiver when little Jimmy tripped over a cable you forgot to tape down [negligence] and injured himself because he pulled a light stand down on his head.

As Gryph indicated above, a bond is of very limited benefit because it only covers a specific, pre-determined circumstance(s). Insurance, both for equipment loss and liability is the only sensible course. I pay $750 a year for mine, and have done for many years. I have never made a claim against it, but I pay it happily each year because I know if something bad does happen, I have some support. By all means, give it a try your way and let me know how it works out.

You may not be but this guy is. http://www.litigationandtrial.com/2...llc-to-avoid-personal-liability-in-a-lawsuit/

I thought you were staying at the Marriott these days or was that the Free Spirit Spheres.

 

[tirediron]

[...I thought you were staying at the Marriott these days.

Who can afford the Marriott????

 

[table1349]

[...I thought you were staying at the Marriott these days.

Who can afford the Marriott????

I think the Free Spirit Spheres sounds more you speed. The rate for the small sphere is 175CDN, which is what, about $10.50 US?