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Legal · Liability

Liability Policy

The honest framework on how we approach risk — physical media, digital files, transit damage, and pre-existing deterioration. Where we're responsible, where we're not, and how we handle disputes when something goes sideways.

Last updated2026-04-25

01 / Overview

Film, video tape, and photographs are physical artifacts that are often decades old when they reach us. We handle every order with documented care — inspection, sprocketless transport, archival cleaning, professional QC. Despite that, accidents are possible. This policy lays out how we approach risk, what we cover, and what we don’t.

The short version: we’re responsible for what we do at the lab. We’re not responsible for what happened to your film before it arrived, or for transit loss that’s the carrier’s liability. When we’re at fault, we address it directly. When we’re not, we’re honest about that too.

This is a working draft. Final policy will be reviewed by counsel before launch.

02 / Physical media

Our care standard

Every reel, tape, or photograph is individually inspected at intake, barcoded into our custody database, and tracked through the full workflow. Splice repair is documented. Cleaning protocols are tier-appropriate (basic hand wipe at Access; full hand cleaning plus rewinding onto new plastic industry-standard reels at Preservation and Archival; archival packaging documentation added at Archival). Original media is returned in the same physical condition it arrived in, except for hand-repaired splices that were necessary for safe scanning (which are documented in the condition report) and reel substitution where included by tier.

If we damage your media

If our handling causes damage to media that was scannable when received, we cover the cost of:

  • The original digitization fees for the affected reels/tapes/items
  • Reasonable repair work (e.g., splice rebuild, re-shelling) if applicable
  • Any replacement physical media (cans, reels, sleeves, mounts) we damaged

What we cannot replace is the original content if the original is destroyed. The digital scan is the secondary record — which is part of why we exist as a preservation lab. If we destroy a reel during scanning, we still have the digital capture; that’s the protected outcome.

If we determine media is unscannable

Some media simply cannot be scanned safely under any conditions — severe brittleness, advanced vinegar stage 5, extreme physical damage. In those cases we notify you with a written condition report, return the media untouched, and you pay only inbound shipping. No scanning fees, no handling fee for the unscannable items.

03 / Digital files

QC and verification

Every delivered file is reviewed against the original scan before release. Checksums (SHA-256) are generated for every file. We verify the checksum on delivery to confirm the file you receive is the file we produced.

If files don’t meet specification

If a delivered file doesn’t meet the documented specification for your tier (resolution, codec, color space, audio sync), we re-process or re-scan the affected portion at no charge. This applies regardless of when you discover the issue, within the file retention period of your tier.

What constitutes “not meeting specification” is technical (file-format, resolution, encoding, sync) — not subjective preference. If you want a different look from the same scan (different color grading, additional restoration, etc.), that’s a billable revision rather than a correction.

Backup and retention

Master files are retained per your tier (1 year free with the Vault on every tier; longer with paid Vault subscription or LTO add-on). Within the retention period, we can re-deliver files at any time. After the retention period expires, take a copy locally — files may be removed from our active systems.

We can’t guarantee against catastrophic platform-wide loss (data center fire, ransomware, etc.), though we mirror across redundant storage with checksum verification. For irreplaceable masters, customer-side backup is the right additional layer.

04 / Pre-existing condition

We document the condition of your media at intake — visible deterioration, shrinkage, splice condition, mold, water damage, vinegar syndrome stage. If your media arrives in a condition where some footage cannot be safely captured (or captured at all), we note it in the condition report and proceed with what’s recoverable.

We’re not responsible for:

  • Deterioration that occurred before we received your media (color fade, vinegar syndrome, brittleness, mold)
  • Footage that’s unrecoverable due to advanced damage we identified at intake
  • Image degradation inherent in the original capture (low-resolution video, exposure issues, focus problems)
  • Audio issues inherent in the original recording (noise, dropout, balance)

We document these conditions in the report so you have a record of what we found and how we handled it. The condition report is also useful for insurance claims if your collection has been damaged in storage.

05 / Liability limits

Aggregate limit per order. Our liability for any single order is limited to the greater of:

  • The total fees you paid for that order, OR
  • The declared value of the shipment under your shipping insurance

For higher-value collections, the right move is to declare a higher shipping value at order or before shipment (~$1 per $100 of additional coverage). The insurance carrier covers loss up to declared value; we don’t add liability on top of that.

What we don’t cover.

  • Indirect, consequential, or punitive damages
  • Lost profits, business interruption, or commercial value not reflected in declared shipping insurance
  • Sentimental, historical, or research value above the insured shipment value
  • Third-party claims (other than direct customer claims)
  • Any claim arising more than two years after delivery

For projects requiring higher liability coverage, we work with institutional and professional buyers on customized agreements at the procurement stage. Contact us if your project requires bespoke liability terms.

06 / Force majeure

We’re not liable for delays or failures caused by events outside our reasonable control — natural disasters, fire, flood, power outages, equipment failure, supply-chain disruptions, carrier strikes, civil disturbance, or government action.

When force majeure events occur, we communicate with affected customers proactively, pause work where appropriate, and propose a path forward (extended timeline, refund, or completion under modified terms). We’d rather absorb schedule pressure ourselves than pass it on as a quality compromise.

07 / Institutional projects

Institutional and grant-funded projects often require liability and indemnification language beyond our standard terms — chain-of-custody coverage, NDA execution, performance bonds, FADGI compliance representations, IMLS/NEH/NHPRC reporting. We work with institutional procurement teams during the contracting stage to align liability terms with project requirements.

For RFP responses, see the institutional services page.

08 / Dispute resolution

If something goes wrong and we disagree on how to handle it:

  1. Talk first. Email hello@filmpreservationlab.com with a description of the issue. We respond within one business day with a proposed resolution.
  2. Document together. If we can’t resolve it on email, we review the condition report, intake photos, scan logs, and QC documentation together. Most disputes resolve at this stage.
  3. Mediation. Persistent disputes go to non-binding mediation with a mutually-acceptable mediator before any arbitration or litigation.
  4. Arbitration. Final disputes are resolved through binding arbitration under the rules of the American Arbitration Association in the jurisdiction where FPL is incorporated. This applies to consumer orders; institutional projects can negotiate alternative dispute resolution at the contracting stage.

We’ve never had a dispute reach mediation, and we work hard to keep it that way. The framework above exists because it should be in writing, not because we expect it to come up.

09 / Contact

Questions about this policy or about a specific issue: hello@filmpreservationlab.com. If you’re reporting damage or a quality issue, mark the email subject line clearly so it gets routed quickly.

Questions?

Anything unclear here, just ask.

We’d rather you reach out about a specific clause than guess. Replies within one business day.

hello@filmpreservationlab.com