b. Photographer will take reasonable precautions to prevent unauthorized access to the Work Product, such as storing it on a password protected computer and/or password protected backup or website. Client acknowledges, however, that Photographer makes no warranty as to the security of any such system.
c. While Photographer may suggest one or more locations for the portrait session, Client acknowledges and agrees that Client has the sole discretion to accept or reject any such suggestion. Further, Client acknowledges and agrees that before, during, and after the portrait session, Photographer will be focused on and primarily concerned with, among other things, the transport of props or equipment and the operation of the camera or other photography equipment. Accordingly, Client agrees to take sole responsibility for wellbeing of Client and each Client Party (as defined below) before, during, and after the portrait session.
d. Client—on Client’s own behalf and on behalf of Client’s child, children, or other wards; Client’s family members; and anyone else brought to the portrait session by, on behalf of, or at the request of Client (any and all of whom are referred to as, “Client Party”)—hereby forever releases and discharges and agrees to indemnify, defend, and hold harmless Photographer, each of Photographer’s agents and representatives (collectively “Photographer’s Agents”), and each of Photographer’s and Photographer’s Agents’ successors and assigns (any and all of whom are referred to as “Indemnified Party”), from and against any and all injuries, losses, claims, demands, damages, judgments, liabilities (including settlement liabilities), costs, charges, expenses (including attorneys’ fees), fines, or penalties (any and all of which are referred to as “Damages”), of every kind and description to which the Indemnified Party may become subject or which are incurred by an Indemnified Party, insofar as such Damages arise out of such Indemnified Party’s entry into or performance under this Agreement or the negligence, willful misconduct, breach of fiduciary duty, bad faith, misrepresentation, improper or unethical practice, infringement of intellectual property rights, breach of trust, breach of confidentiality, breach of contract, or violation of any legal requirement on the part of Client or any Client Party. CLIENT’S OBLIGATION TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AN INDEMNIFIED PARTY UNDER THIS AGREEMENT SHALL BE APPLICABLE NOTWITHSTANDING ANY CLAIM OR ALLEGATION THAT THE INDEMNIFIED PARTY’S OWN NEGLIGENCE IN WHOLE OR IN PART CAUSED OR CONTRIBUTED TO DAMAGES. For avoidance of doubt, the negligence of one Indemnified Party may not be imputed to any other Indemnified Party. For purposes of this Agreement, the term “negligence” shall mean failure to exercise the care, skill, prudence and diligence under the circumstances then prevailing which a prudent person acting in a similar capacity, with the same resources, and familiar with like matters would exercise in the conduct of an enterprise of a like character with like aims.
e. By way of example, but not limitation, Client acknowledges and agrees that pursuant to the foregoing exculpation and indemnity, Client forever releases, discharges, indemnifies, and holds each Indemnified Party harmless for any and all Damages resulting from: (i) loss of or damage to the Work Product (except as expressly provided in Paragraph 8(a) above); (ii) unauthorized access to or use of the Work Product by a third party; or (iii) injuries to person or property caused by insect or other animal bites, attacks by animals or people, slip- and-fall (for example stepping in a hole, stumbling on wet grass, etc.), earthquakes, loose or falling rocks, falling tree limbs or other objects, lightning, rain, tornado, other weather conditions, flood, or any other elements of nature or acts of God, poison ivy, poison oak, or any other flora, drowning, broken glass, rusty nails, or any other feature or condition of (or any person, animal, or thing in or around) the site of the portrait session.