19. COVID-19 CLAUSE
Dewwond Mapp Photography understands that this is a very trying time for everyone, globally. Please have a look at my Force Majeure and Safe Environment Clause.
X.1 If Dewwond Mapp Photography cannot perform or believes he may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority (including a Government Order as defined in Section 7.3), national or regional emergency, other casualties, act of God, or other cause beyond the control of the parties or due to Photographer’s illness or injury, whether or not foreseeable (“Force Majeure Event”), then Photographer will give notice to the Client as soon as reasonably practicable after Photographer determines that a Force Majeure Event will or may prevent Photographer from performing under this Agreement. Dewwond Mapp Photography shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but Dewwond Mapp Photography may, in the Photographer’s discretion, work with the Client to find an alternative date for the event that is suitable to both Client and Photographer. To the extent the Parties cannot agree on a suitable replacement date consistent with Dewwond Mapp Photography’s availability, Dewwond Mapp Photography may also, in its sole discretion, refund fees paid to Dewwond Mapp Photography under the Agreement, less any amounts necessary to cover expenses and work (based on time spent by Dewwond Mapp Photography already performed by Dewwond Mapp Photography related to the Event, including, but not limited to, pre-wedding communications, development of timelines, and preparation of gear for the Event (the “Refund Amount”). In the case of a Force Majeure Event, Dewwond Mapp Photography shall have no additional liability to Client with respect to this Agreement beyond that described in this Section and below.
X.2 In the case of a Force Majeure Event that impacts Dewwond Mapp Photography individually, but does not otherwise impact the Event, including, but not limited to, illness or injury to Dewwond Mapp Photography, Dewwond Mapp Photography shall make reasonable efforts to suggest a replacement photographer for the Event. Should Client not accept a replacement photographer selected by Dewwond Mapp Photography to perform Photographer’s obligations under the Agreement, Dewwond Mapp Photography shall refund the Refund Amount and shall have no further obligation to perform under the Agreement.
X.3 Client understands that Dewwond Mapp Photography works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). Client further understands and agrees that Dewwond Mapp Photography shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order or Dewwond Mapp Photography’s participation in the Event would violate a Governmental Order. The client also understands and agrees that Dewwond Mapp Photography is not obligated to continue to perform under this Agreement if Dewwond Mapp Photography’s personal safety or well-being has been or will be comprised or threatened at the Event, including, but not limited to, as a result of the condition of the venue for the event, or the conduct of an attendee of the Event.
2021