I woke up the morning of a $5,000 wedding shoot with a 104° fever (COVID). I couldn’t go. I couldn’t find a replacement. The couple was furious. They sued me for the cost of staging a “reshoot” (hair, makeup, venue, flowers) to get the portraits done. The bill was $15,000.
Key Takeaways
- Professional Liability (Indemnity): General Liability covers physical injury. Professional Liability (E&O) covers financial loss caused by your failure to deliver the service.
- “Failure to Perform”: Getting sick is a failure to perform. While unavoidable, the client still suffered a loss. E&O can pay for the damages (reshoot costs).
- The “Indemnification Trust”: PPA has a trust (not insurance) that helps pay for reshoots due to negligence or equipment failure, but sickness might be a grey area depending on the contract.
- Contract is King: Your contract needs a “Force Majeure” and “Incapacitation” clause that limits your liability to a refund of monies paid, preventing them from suing for extra damages.
The “Why” (The Trap)
The trap is “Unlimited Liability.”
If your contract doesn’t cap damages, the client can sue for “Loss of enjoyment,” “Mental anguish,” and the cost to recreate the day.
Property insurance pays $0.
General Liability pays $0.
Only Professional Liability (Errors & Omissions) covers this.
The Investigation (My Analysis of E&O)
I looked at how to protect your career from a bad day.
Hill & Usher (Package Choice)
- The Coverage: Includes Professional Liability.
- The Scenario: Pays for the cost to hire a new photographer or stage a reshoot.
PPA Indemnification Trust
- The Coverage: “Malpractice” protection.
- The Limit: They assign a lawyer and pay damages up to a limit, but the deductible can be high for data loss vs. failure to appear.
Contract Law
- The Defense: A good contract says: “In the event of photographer illness, liability is limited to a full refund of the retainer.” This stops the $15,000 lawsuit.
[IMAGE: Screenshot of a contract clause titled “LIMIT OF LIABILITY” highlighted in yellow]
Comparison Table
| Issue | General Liability | Professional Liability (E&O) | Contract Clause |
| You break a vase | Covered | No | N/A |
| You miss the wedding | Denied | Covered | Critical Defense |
| Photos are blurry | Denied | Covered | Defense |
Step-by-Step Action Plan
- Update Your Contract: Add an Incapacitation Clause immediately. “If Photographer cannot perform due to illness, liability is limited to return of deposit.”
- Build a Network: Have a list of 3 emergency shooters you can call. Finding a replacement stops the lawsuit.
- Buy E&O Insurance: It costs about
300−300−500/year. It covers you if you lose the photos or miss the gig. - Communicate Early: If you feel sick, tell the client ASAP. Surprises lead to lawsuits.
FAQ
Does E&O cover if I just forgot the date?
Yes, that is negligence. Covered.
What if my car broke down?
Covered negligence/failure to perform.
Can I refund them and be done?
Only if they accept it and sign a “Release of Liability.” If they refuse, they can still sue.