1) Scope of Work
PHOTOGRAPHER agrees to provide birth photography services for above listed CLIENT. Services includes a digital download of high resolution images, and optional high definition 3-4 minute highlight video (if requested by CLIENT) to be provided to CLIENT within below mentioned time frame (3).
Coverage begins at active labor (6–8cm) and continues up til one hour after the birth. The PHOTOGRAPHER is on call 24 hours a day during the time surrounding CLIENT due date. CLIENT is responsible for contacting PHOTOGRAPHER during early stages of labor, immediately before leaving for the hospital, and again when the doctor or midwife confirms active labor. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the PHOTOGRAPHER to be substandard or duplicated may be edited out. The PHOTOGRAPHER will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to CLIENT.
PHOTOGRAPHER shall provide services from the time of active labor, up until 1 hour after birth for $995.
CLIENT agrees to pay PHOTOGRAPHER a non-refundable retainer fee of 50% of total due at the time of booking. Balance of remaining 50% is due 10 days prior to CLIENT due date of. PHOTOGRAPHER will not photograph the birth if the balance has not been paid in full.
If CLIENT cancels PHOTOGRAPHER’s services for any reason, PHOTOGRAPHER shall retain initial non-refundable retainer fee. Cancellations must be made in writing and signed by both parties.
3) Image Processing and Delivery
Processing images will take 3-4 weeks. Upon completion, images will be delivered to CLIENT within said time frame if the session balance is paid in full.
4) File Resolution and Permission
CLIENT will receive high resolution watermark-free images to be used solely for printing images for personal use by CLIENT. Any images stored, shared or made visible online shall be low resolution and contain a watermark and are not to be used for print or material purposes. Cropping out watermarks on low resolution files is not authorized.
CLIENT is the only authorized users of provided files and shall not attempt to gain profit or monetary compensation through distribution of these files.
5) Model Release
By signing this agreement, CLIENT agrees to allow their images to be used by PHOTOGRAPHER for commercial use such as but not limited to: website, portfolio, self-promotion, marketing and professional competition without further notice. PHOTOGRAPHER will never post or share any image deemed sensitive, without full consent of CLIENT.
6) Site Restrictions
PHOTOGRAPHER will adhere by all hospital/medical facility rules and regulations. CLIENT will be responsible for ensuring all rules and regulations are communicated to PHOTOGRAPHER prior to due date and agrees to accept the results of these limitations on PHOTOGRAPHER. Any negotiation with site staff/management concerning rules and regulations will be the sole responsibility of CLIENT.
7) Storage of Received Images
Receipt of full disc of high and low resolution files releases PHOTOGRAPHER of all responsibility to store or maintain edited or original images. It is the responsibility of CLIENT to make sure all images received are backed-up and stored properly.
8) Limit of Liability
In the unlikely event that the PHOTOGRAPHER is injured, becomes too ill, a previously booked birth conflicts, or the PHOTOGRAPHER is unable to make it for any other reason, PHOTOGRAPHER will make every effort to assist the CLIENT in finding a replacement PHOTOGRAPHER. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the birth session. PHOTOGRAPHER takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond PHOTOGRAPHER’s control, PHOTOGRAPHER’s liability is limited to the return of all payments received for the birth session. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
If PHOTOGRAPHER is unable to photograph the birth due to failure of CLIENT to notify PHOTOGRAPHER of active labor, CLIENT will not be eligible for a refund of any payments received.
Agreement is only to be amended, modified or waived through written documentation signed by both parties.
CLIENT agrees that PHOTOGRAPHER will attempt to meet all expectations including but not limited to specific photo/pose requests. Due to the nature of the services being provided, PHOTOGRAPHER cannot guarantee that every expectation will be met.
CLIENT shall indemnify and hold harmless PHOTOGRAPHER from any loss, damage or liability resulting from CLIENT’s violation of the terms of this Agreement or any agreement involving CLIENT and the PHOTOGRAPHER. CLIENT shall indemnify PHOTOGRAPHER and hold her harmless from and against any claim by any other person or entity resulting from the performance of her services under this agreement.