Failure to perform – If NADA BADER Photography is unable to supply photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond their control, then NADA BADERPhotography will attempt to procure the services of another professional photographer to fulfill the obligations. If that does not succeed, NADA BADER Photography will return any fees paid by The Client within ten (10) business days and will have no further liability with respect to these terms, and NADA BADER Photography will not be responsible or liable for any other damages beyond this amount. This limitation of liability will also apply in the event that any Images are lost or damaged through equipment malfunction, or otherwise, without the fault of NADA BADER Photography
Photographic integrity and alterations – The Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of NADA BADER Photography. Normal reproduction adjustments for color, contrast, brightness, sharpness and cropping are permitted. Any alteration or modification of the Image(s) will not constitute a work of joint authorship.
Digital file quality – The Photographer is committed to providing high quality services. Unless otherwise specified, The Photographer may deliver, and The Client agrees to accept, the Image(s) encoded in an industry-standard data format that NADA BADER Photography may select, at a resolution that NADA BADERPhotography determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.
NADA BADER Photography uses cameras and monitors that are color calibrated to industry standards but due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities. It is The Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, NADA BADER Photography’s sole obligation will be to replace or repair the data, but in no event will NADA BADER Photography be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
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