Terms & Conditions

Media Transfer Waiver

 

This Media Transfer Waiver and Release of Liability Agreement ("Agreement") is made and entered into as of [    /    /    ], by and between [Graeme Baker] ("Transfer Service Provider") and [                                    ] ("Client").

 

  1. Purpose

 

The purpose of this Agreement is to outline the terms and conditions under which the Transfer Service Provider will transfer media from VHS, CD, film reel, or other source formats to a digital format on YouTube ("Transfer Service"). 

 

  2. Acknowledgment of Risks

 

The Client acknowledges and agrees that:

 

a. The Transfer Service Provider cannot control the prior condition of the media source or the environment in which the media source has been stored.

 

b. The Transfer Service Provider cannot guarantee that the media source will not break, degrade, or otherwise become damaged during the transfer process.

 

  3. Waiver of Claims

 

The Client agrees to the following:

 

a. The Transfer Service Provider shall not be liable for any damage, loss, or destruction of the media source that occurs during or as a result of the transfer process, including but not limited to VHS tapes, CDs, USB, film reels, or other formats.

 

b. The Client acknowledges that they will not seek or be entitled to any financial compensation or reimbursement for damages, losses, or costs related to the media source that occurs during the transfer process.

 

c. The Client releases the Transfer Service Provider from any and all claims, demands, or actions, whether known or unknown, arising from or related to the condition of the media source and any potential damages resulting from the transfer process.

 

  4. Indemnification

 

The Client agrees to indemnify, defend, and hold harmless the Transfer Service Provider from and against any and all claims, liabilities, damages, costs, and expenses, arising out of or related to any damage or loss related to the media source.

 

  5. Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of laws principles.

 

  6. Entire Agreement

 

This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements or understandings, whether written, oral, or based upon an implied contract.

 

  7. Severability 

 

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

 

**IN WITNESS WHEREOF**, the parties hereto have executed this Media Transfer Waiver and Release of Liability Agreement as of the date first above written.

 

  [Proprietors Name]  

By: _Graeme Baker_  

Name: [Graeme Baker]  

Title: [operator, and proprietor]  

 

  [Clients full name]  

By: ___________________________  

(printed) Name : [                                       ]  

 

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