What legal agreement? A disclaimer is not a legal agreement unless it is signed by the person who it affects. To make that kind of thing clear, say you have an open abandoned well in your front yard. So you put up a sign, "Not responsible for anyone falling in the well". Do you think you would be protected because of the sign?
What a disclaimer does is keep the Not Too Smart Customer from seeking his legal rights, luckily for most retailers the NTSC is the norm. OTOH, the amount involved almost has to be enough to interest an attorney, or you have to be willing to go to small claims court. What the court would award depends on how hard it would be to reshoot he photos. If they were snaps of your kids playing in the sandbox, your probably would only get a new roll of film. If they were snapshots from a once in a lifetime around the world tour, the processor better have good insurance. OTOH, if I were the mediator, and a Scientist claimed the DRUG STORE messed up his important photos of his expedition to Antarctica (as mentioned by someone in this thread), I would probably rule that he was a victim of his own stupidity. Ciao, Graywolf http://pages.prodigy.net/graywolfphoto ----- Original Message ----- From: "William Robb" <[EMAIL PROTECTED]> > > Oh yay!! Now the courts are ignoring the legal agreement between the > customer and the processor. > They must have figured they would lose in court, or they wouldn't have > settled out of court.
