If Studio SLB Photography (known as Photographer) cannot perform this Contract for any reason, including but not limited to illness, Photographer shall make every reasonable effort to find a qualified replacement, or shall provide a rescheduling opportunity, but shall have no further liability with respect to the Contract. Times and locations for any other photographic sessions contemplated under this Contract shall be set by agreement of the parties.
Limitation on Liability. Photographer shall make every reasonable effort to ensure that photographs taken in conjunction with this Contract are of professional quality. However, in the event that Photographer fails to perform its obligations under this Contract for any reason, Photographer shall not be liable for any amount in excess of the total amount paid on the Contract. This limitation on liability shall also apply in the event that the original files are damaged in processing, lost through camera or computer malfunction, or otherwise lost or damaged. Any claim for refund or reimbursement for any reason must be submitted to Photographer in writing within thirty days of delivery of materials from Photographer to Client. Refunds are provided at the sole discretion of Photographer.
Inherent Qualities. Client is aware that photographic materials may fade or discolor over time, and digital files may become unreadable due to the inherent qualities of materials and the manner in which they are stored, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration or file damage due to such inherent qualities.
Arbitration. All disputes arising under Agreement shall be submitted to binding arbitration before the American Arbitration Association (“AAA”) in Los Angeles County, California and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Any dispute involving $5,000 or less shall be submitted without arbitration to any court in Los Angeles, California having subject matter jurisdiction.
Miscellaneous. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of California. If any provision of this Contract is held to be invalid or unenforceable, the other provisions shall continue in full force and effect. This Contract shall be binding upon the respective parties, personal representatives, heirs, successors, assigns, or successors in interest.