Birth Coverage Includes:
- Consultation
- On-call service >38 wks EDD
- Unlimited Time
- All Digital Files with Printing Rights | $1200 value
- Online Gift Registry (optional)
- Secure Online Gallery
- Print Release
- Custom Smartphone App
The PHOTOGRAPHER will photograph the CLIENT's selected aspects of labor, birth, and up to 1 hour immediately postpartum.
The PHOTOGRAPHER makes no guarantees as to the ability to capture any particular image. The birth staff may require that no medical procedure or staff are photographed. The PHOTOGRAPHER will attempt to work within the care provider's requirements to meet the requests of the CLIENT.
The PHOTOGRAPHER may not be allowed to photograph cesarean sections. The PHOTOGRAPHER will make all attempts to gain access to the operating room when desired by CLIENT. The PHOTOGRAPHER may also provide a camera with automated settings for the CLIENT support partner to use during the cesarean birth and will edit and process the resulting photos. There is no reduction in fees for cesarean birth.
The PHOTOGRAPHER is not liable for any birth outcomes and will not act as a doula unless the PHOTOGRAPHER is hired as a doula.
2. Work Product
The PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than 90 days after the date of the SHOOT, after full payment is received.
The PHOTOGRAPHER will supply at least one (1) low-resolution image file via e-mail within 96 hours of the birth for sharing/announcement purposes, as long as full payment has been received.
The PHOTOGRAPHER will store image proofs in a password protected, private online album for no more than 1 year. The proofs can be hidden or organized to maintain privacy. The album can be shared and digital files and products can be ordered directly through the album.
The CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not to store the proofs unless a download link has been explicitly provided.
All finished image files delivered to CLIENT are licensed for CLIENT’S personal use only. Image files included in the fee will be delivered to the CLIENT according to the following specifications:
- Unlimited number of low-resolution image files (best printable to 4x6", 300 dpi)
- Corresponding set of images (watermarked and resized to 72 dpi) exclusively to be used when posting images online
The PHOTOGRAPHER makes no guarantee of the quantity of images, due to variation in birth length and circumstance.
The PHOTOGRAPHER uses specialized camera equipment that allows photography in low light conditions. Low-light photography is characterized by an amount of image noise, or grain. The amount of noise is dependent upon the amount and quality of light in the birth space. For highest-quality images, some light is required. This can be via ambient light or on camera flash. The PHOTOGRAPHER in the darkest conditions may briefly use flash for some photographs. The PHOTOGRAPHER may suggest changes to the lighting to facilitate photography, unless it is disruptive to the CLIENT or staff.
Editing style will be chosen by PHOTOGRAPHER unless specific requests are entered beforehand by CLIENT. Birth and in-home lighting without flash presents significant lighting challenges. Black and white (B&W) edits are chosen by the PHOTOGRAPHER for individual images to enhance detail and composition, and mask the drawbacks of uncontrolled lighting situations. As such, when B&W edits are provided by PHOTOGRAPHER, they are generally unable to be converted back to color. Color images are more easily converted to B&W. Each image is individually edited, and up to 30 separate processes are used to produce each finished image you receive.
-Each additional re-edit edit requested by the CLIENT will incur at $60/file editing fee.
- Timeline for delivery of re-edited images will be at the discretion of the PHOTOGRAPHER.
- Both the session fee and re-editing fees are due from the CLIENT before work commences on any re-edited image.
The RAW files are not available for purchase and will be securely wiped no less than 2 months and no more than 6 months after the images are received by the CLIENT.
The finished image files will also be maintained for one (1) year after image delivery, during which time additional products may be ordered.
If CLIENT desires to purchase additional digital files or products separately after the SHOOT, payment is due immediately upon purchase of files or products.
3. Privacy
The PHOTOGRAPHER will maintain the CLIENT's privacy.
The PHOTOGRAPHER may be asked to leave the birth space at any time; the PHOTOGRAPHER will remain available until the birth is complete.
The PHOTOGRAPHER will edit and process images in a private office with securable computer equipment.
The PHOTOGRAPHER will not publicly or privately display CLIENT images that are not expressly authorized for private and/or public view via the MODEL RELEASE.
The CLIENT may choose not to authorize any images for public and/or private view. However, PHOTOGRAPHER relies on a continuously evolving portfolio to show prospective customers examples of her work and greatly appreciates the authorization of a few modest images per birth.
4. Portfolio/Copyright
The PHOTOGRAPHER will request the authorization of select images for public and/or private view. "Public view" images may be displayed on the PHOTOGRAPHER's website, promotional materials, and submitted to books, magazines, and websites for publication and contests. "Private view" images may be included in printed album portfolios. This authorization cannot be revoked.
All other images are for the CLIENT's personal use only; they are not to be sold or displayed for advertising or business purposes without obtaining an individual copyright release for each image from the PHOTOGRAPHER. Failure to obtain the release is punishable by U.S. copyright law.
5. Fees
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of [$2500 for On-Call or $950 for Off-Call] or the alternate fee previously quoted by PHOTOGRAPHER (entered below by CLIENT).
CLIENT agrees to pay the PHOTOGRAPHER a retainer fee of $500 payable upon signing of this contract.
The balance of the payment for photography services must be paid in full no later than thirty (30) days prior to EDD detialed above. A payment plan may be established below.
Photos will not be delivered to CLIENT until the balance is paid in full. If the balance is not paid within thirty (30) days prior to EDD, the CLIENT authorizes the PHOTOGRAPHER to retain any photos from the SHOOT for client viewing; public/private.
Payment plans are arranged on an individual basis and supercede above fee schedule. Payment plans must be prearranged according to EDD. Nonpayment of fees within the arranged payment timeline will authorize PHOTOGRAPHER to retain any/all photos from SHOOT for client view; public/private.
6. Terms of Service
On-Call
If the CLIENT gives birth outside of the "on-call period" (38+weeks) and the PHOTOGRAPHER or backup is unable to photograph the birth, the PHOTOGRAPHER will hold only the retainer fee.
Off-Call Terms of Service
The PHOTOGRAPHER will make any attempt to attend the Birth. If the PHOTOGRAPHER is unable to photograph the birth, all fees will transfer to Fresh 48 or Newborn + $200 print voucher or session with equal or greater value.
Overall Terms of Service
If the PHOTOGRAPHER is unexpectedly unable to photograph the birth due to care provider objection, the PHOTOGRAPHER will provide documentation of the day surrounding the birth experience and retain all fees incurred.
If the CLIENT cancels service for any reason during the on-call period (38+ weeks), the PHOTOGRAPHER will retain all fees incurred.
If the CLIENT does not provide at least one (1) hour of advance notice of the birth, and PHOTOGRAPHER arrives at the birth location and produces photographs after the birth, the PHOTOGRAPHER will retain all fees incurred.
If the CLIENT does not notify the PHOTOGRAPHER of the labor or birth, the PHOTOGRAPHER will retain all fees incurred.
If the CLIENT does not give the PHOTOGRAPHER explicit instructions to come to the birth after communicating about the onset of labor, the PHOTOGRAPHER will retain all fees incurred.
The PHOTOGRAPHER carries a backup camera and media card. If the PHOTOGRAPHER experiences technical or equipment problems totally preventing photography, the PHOTOGRAPHER will refund all fees.
If the PHOTOGRAPHER or backup is unable to photograph due to PHOTOGRAPHER's issues (illness, transportation problems, overlapping births) during the "on-call" period, the PHOTOGRAPHER will refund all fees. This applies to On-Call only.
The PHOTOGRAPHER does their best to arrange a backup photographer for each scheduled birth. Because birth photography is such a specialized niche requiring particular equipment and lifestyle, the PHOTOGRAPHER may be unable to find a backup for each CLIENT's birth. The PHOTOGRAPHER may send a photographer or doula equipped with the PHOTOGRAPHER's equipment. The PHOTOGRAPHER enters into contract with the selected backup. This applies to On-Call only.
This CONTRACT is closed at one year (1 year) after the SHOOT.
7. Communication
The PHOTOGRAPHER will be reachable by telephone 24/7 beginning at 38 weeks of pregnancy.
The CLIENT is required to contact the PHOTOGRAPHER if labor begins outside of the 38-week "on-call" period. The PHOTOGRAPHER will make all efforts to photograph the birth or supply a backup photographer. This applies to On-Call only.
The PHOTOGRAPHER requires at least one (1) hour to get to the CLIENT's location. The PHOTOGRAPHER will inform the CLIENT of her estimated travel time to the location.
The CLIENT may ask the PHOTOGRAPHER to come at any time during the "on-call" period, but must reasonably provide adequate time for the PHOTOGRAPHER to travel and access the birth location. This applies to On-Call Only.
The CLIENT may appraise the PHOTOGRAPHER of developments, changes to the birth plan and/or location and possible signs of labor via text, email or phone.
The CLIENT is required to contact the PHOTOGRAPHER via phone once labor is established. The CLIENT must make a reasonable effort to make verbal contact with PHOTOGRAPHER.
The CLIENT must explicitly summon the PHOTOGRAPHER to come to the birth and give explicit permission for PHOTOGRAPHER to enter a private home.
The PHOTOGRAPHER will make one attempt each to contact CLIENT, PARTNER, or MIDWIFE TEAM if communication is not clear and ongoing.
The CLIENT must inform the care providers of the PHOTOGRAPHER's planned presence, and provide PHOTOGRAPHER information on birth plan.