Fillable Google Business Photos Photography Services Agreement Template (Page 3 of 5) in pdf

GOOGLE BUSINESS PHOTOS

PHOTOGRAPHY SERVICES AGREEMENT

and licenses the Photographs for Google’s use in accordance with the Google Terms of

Service.

6. Limited License to Service Provider. Business grants Service Provider a nonexclusive

license to use a reasonable number of images created under this Agreement as “samples”

or “portfolio copies” for Service Provider to archive examples of Service Provider’s work and

to advertise or market Service Provider’s professional services.

7. Time and Date of Services. Upon signature, Service Provider will reserve the time and date

agreed upon to provide the photographic services. All Service Fees are non-refundable

except as described in Section 8 below, or unless Service Provider agrees in its sole

discretion to permit a rescheduling of the services.

8. Refunds. Service Provider will refund all pre-paid Service Fees to the Business (but will

have no further liability with respect to the Agreement) if Google rejects the Photographs for

failure to meet the Google Business Photos technical specifications and Service Provider

does not correct the failure after re-photographing the Business at a mutually-agreed upon

time.

9. Insurance. Service Provider will carry comprehensive general liability insurance coverage

for Service Provider’s activities on the Business’ premises.

10. Confidentiality. This Agreement is confidential information. Business will not disclose or

make this Agreement available to any third party except (a) Google; (b) as specifically

authorized by Service Provider in writing; or (c) when compelled to do so by law if Business

provides reasonable prior notice to Service Provider.

11. No Warranties. IN CONNECTION WITH THIS AGREEMENT, SERVICE PROVIDER

MAKES NO REPRESENTATIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY

LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE

PHOTOGRAPHIC SERVICES OR THE PHOTOGRAPHS, INCLUDING ANY WARRANTIES

OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SERVICE

PROVIDER MAKES NO REPRESENTATION OR WARRANTY THAT THE

PHOTOGRAPHS WILL ULTIMATELY BE DISPLAYED BY GOOGLE.

12. Limitations on Liability.

(A) EXCEPT FOR BREACHES OF CONFIDENTIALITY, (I) NEITHER PARTY WILL BE

LIABLE (UNDER ANY THEORY OR CIRCUMSTANCE) FOR LOST REVENUES OR

INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE

DAMAGES, AND (II) NEITHER PARTY’S AGGREGATE LIABILITY FOR ANY CLAIM

ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE

AMOUNT OF THE SERVICE FEE.

(B) GOOGLE’S USE OF THE PHOTOGRAPHS IS GOVERNED SOLELY BY THE

GOOGLE TERMS OF SERVICE IN ACCORDANCE WITH SECTION 5 ABOVE. IN NO

EVENT WILL GOOGLE BE LIABLE TO EITHER BUSINESS OR SERVICE PROVIDER

(UNDER ANY THEORY OR CIRCUMSTANCE) FOR ANY DIRECT OR INDIRECT,

SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES

ARISING OUT OF OR RELATED TO THIS AGREEMENT.

Page 3 of 5

Confidential

Google Business Photos Photography Services Agreement Template Page 3

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