9. Limitation of Liablity: In the unlikely event of a total photographic failure because of a technical issue, cancellation of this Agreement by either party or in any other circumstances, the liability of Photographer shall be limited to the total value of any payment by Client to Photographer and Photographer shall not be liable for any indirect or consequential damages.
If Photographer is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, extreme weather, labour disputes, electrical failure, or technical problems (such as camera, computer, hard drive or memory card malfunction), and if Photographer cannot provide Client with the option of using another competent professional photographer, all payments received by Photographer, minus reasonable expenses, will be returned to Client, and Photographer shall have no further liability with respect to this Agreement. The limitation of liability also applies to any loss/damage of photographs or failure to deliver Photographs for any reason. Liability for a partial loss of photographs shall be prorated based on the percentage of total Photographs taken.