proust Posted July 3, 2013 Share Posted July 3, 2013 <p>Hello,<br>I will be displaying a few of my framed photos for sale in a local business office and was wondering what sort of contract I should compile for this. Some specific questions I have are related to insurance: if the photos are damaged at any time during the period of the contract, whose liability is that? (business office or mine). Also, say, if a business employee bumps into a framed photo and is hurt by a sharp framed edge, how is that typically handled? (can I be held liable for that and should I include that sort of situation in the contract)<br>If you have a sample contract you'd be willing to share, that'd be great. Thanks!</p> Link to comment Share on other sites More sharing options...
bert_krages1 Posted July 3, 2013 Share Posted July 3, 2013 <p>It can depend on the nature of the relationship. For example, is the business getting a share of the sales? Is it renting the space to you or letting you hang the prints for free? Are you picking the locations of the images or is the business?<br /><br />You can negotiate who bears the risk of loss with the business if the prints are damaged but my guess is that the business will insist that they are hung at your risk. With regard to injuries, this would be an area of negligence law but you could negotiate with the business whether one party must indemnify the other in the event an injury or other claim. My guess is that if you raise this issue, the business will insist on being indemnified by you if someone gets injured or the business gets sued because of the images.</p> Link to comment Share on other sites More sharing options...
proust Posted July 3, 2013 Author Share Posted July 3, 2013 <p>The business is actually not taking any commission for the prints and I'm allowed to hang the prints for free. I guess given those circumstances, it's my liability.<br> <br />I was curious to find out how people typically structure these contracts. I'm sure a lot of photographers are doing this. Are there any cases where the liability is taken by the business or shared between the two? It seems like a huge risk to take, especially if you consider any potential claims that can arise because of negligence. The business I'm working with appears to have really friendly people, so I'm a little hesitant to bring this up with them, but at the same time, I am concerned about potential liability issues.</p> Link to comment Share on other sites More sharing options...
Charles_Webster Posted July 5, 2013 Share Posted July 5, 2013 <p>This sort of incidental liability should be covered by your professional or personal liability insurance policy. You do have personal liability insurance, don't you?<br> If you are involved in almost any activity involving the public where you might be sued, you need a personal or professional "umbrella" liability policy. Many venues, such as wedding halls, etc. require a certificate showing such insurance before allowing you to work there. It's a basic requirement for professional event photographers, and most others who interact with the public.</p> <p><Chas><br /><br /></p> Link to comment Share on other sites More sharing options...
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