We are aware it’s not a subject that people rush to read about on the beach although it might be useful bed time reading for insomniacs.
However it is a subject that Professional Photographers should not ignore.
In short, Clients can become dissatisfied with your work and seek compensation. That can be an alleged failure to meet the standards and conduct expected of a Professional Photographer or a failure to meet deadlines or provide products or services as promised.
One example is a photographer who became stuck in traffic and as a result missed the wedding ceremony. Scenarios like this can be out of your control if it arises from a sudden motor accident for instance, however if the delay was caused by planned and publicised Road works or heavy traffic where warnings were not heeded, that is another matter. Precautions such as checking for travel updates and weather issues can be crucial to the defence of professional negligence claims.
In the second example a photographer, whilst taking a photo, slipped and hurt his back and was unable to continue with the shoot. Luckily for this photographer he wasn’t in the process of showing off his latest acrobatic skills when the accident happened, meaning he could not be accused of taking unnecessary risks. However had he been taking unnecessary risks that could have been a different matter.
Both these examples could easily have had very different endings.
Some interesting (and I use the word lightly) facts about Professional Indemnity:
1. Professional Indemnity is a ‘claims made’ policy. This means that cover has to be in place at the time you first become aware of a dispute or expression of dissatisfaction……not when the service was provided. Disputes can arise many years after the work was completed.
2. ‘Retroactive date’ is a specified date in the past and from which time you began buying continuous professional indemnity insurance. New claims arising from work carried out prior to that date will not be insured.
3. Claims can be made by related parties who could also suffer losses as a result of your Professional failures. Parents of the Bride and Groom may have funded the wedding and are related parties.
4 ‘Run-off’ Professional Indemnity insurance is cover purchased at the point of ceasing to operate as Professional Photographer. That can be due to retirement or career change for example. It protects against claims arising in the future from work carried out in the past.
If you would like more information about this topic please contact us.