Upload & Sell: On
| p.1 #9 · Client wants to add something to contract - Need a little suggesion here |
If a client asked me to add that clause, I'd just add it. That's not advice, it's just an observation.
Indemnity is when you sue the party who indemnifies you (here, your client) after a third party's suit against you results in your liability to that third party. In other words, if a wedding guest sues you for $10,000 and wins, and you can invoke your indemnity clause, you then have to sue your client for $10,000. You can see how this clause presents sort of a conundrum.
A few notes about indemnity.
In most jurisdictions, you can't enforce an indemnity clause against intentional injury. If you intentionally injure someone, neither the original indemnity clause nor the amendment will have any relevance to you; you'll be solely liable for the injury you intentionally cause.
Some, but not many, states allow you to use an indemnity clause like this to protect yourself from claims resulting from bona fide negligence, such as failing to set your parking brake when getting your gear out of your car on a hill, resulting in injury to a wedding guest your car rolls over. In many jurisdictions, you'll be solely liable for that injury with no opportunity to indemnify through your client.
In a majority of jurisdictions, this kind of indemnity clause is relevant primarily to protect you from claims resulting from normal business activity that is a part of the job the client asked you to do. If you use off-camera flashes and you tape your appropriately-positioned light stands down, but the severely intoxicated best man stumbles into the stand and knocks it into a guest, causing injury, you or your insurance company might be able to recover from the client (by suing them under this contract) the amount the injured guest recovered from you when they won or settled their law suit.
What the proposed amendment might affect is a situation in which you put the light stand in an obviously stupid place -- say, in front of the swinging kitchen door -- without taping it down or flagging it, and someone was injured solely as a result of your negligent placement choice. Whether the amendment affects you or not in this situation depends on the jurisdiction and the degree of your negligence (i.e., your stupidity).