Alchemy Imageworks commits to providing its services with reasonable skill and care, consistent with industry standards. The client acknowledges that Alchemy Imageworks operates on a task-based model and that outcomes are subject to the variability of many external factors beyond their control.
Alchemy Imageworks shall not be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, business interruptions, loss of business opportunities, loss of data, or other losses.
The client agrees that, to the fullest extent permitted by law, the total liability of Alchemy Imageworks for any claims, damages, losses, liabilities, costs (including attorney fees), and expenses of any kind that arise out of or are related to this agreement, whether in contract, tort, or under any other theory of liability, shall not exceed the total fees paid by the client to Alchemy Imageworks under this agreement for the services rendered prior to the date on which the claim arose.
This limitation of liability is a fundamental element of the basis of the bargain between Alchemy Imageworks and the client. Alchemy Imageworks would not provide these services without such limitations. This clause shall survive the termination of any agreements.
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