ENTIRE AGREEMENT: This agreement has been freely negotiated and contains the entire understanding between Growing Wings (GW) and the Client.  It supersedes all prior and simultaneous agreements between the parties.  The only way to add or change this agreement is to do so in writing, signed by all the parties.  If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.  Likewise, if any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected and the other provisions of the agreement shall remain in full force and effect.

CLIENT WILL RECIEVE:

• Your birth session includes the last hours of active labor and delivery and up to 2 hours of the immediate postpartum period.
• a full-length (approximately 10 min) birth story video
• a "highlight" birth video
• Digital downloads of all finalized, edited videos 
• USB drive with all final files OR 10x10 Professional Photo Album (album only available with the addition of birth photography)

A LA CARTE OPTIONS:

• Birth Photography (at least 75 images)
• Maternity Lifestyle Letter Reading Session
• Newborn Lifestyle Session
• Professional keepsake photo album
• USB drive containing the final video files

With your permission, a sneak peek gallery of some favorite images from your baby's arrival will be added to the Roots and Wings Birth Services Facebook page for you to share.  You will not be able to preview these in advance, but the images will be family friendly.

TYPE YOUR INITIALS IN THE BOX BELOW FOR APPROVAL FOR GW TO POST A SNEAK PEEK ON FACEBOOK

PAYMENTS

The fee for services of the Growing Wings for the birth session is $2195.00.  This can be paid in full or payments, but final payment must be made before any images or video clips are shared or given to the client.

 

Unless both parties agree to an adjustment, the payment policy is:

• A $500.00 retainer fee reserves your session [see refund policy below]
• Payments will be set up between GW and the Client for the balance.  Final payment is due by the 36th week of the pregnancy.  No images will be edited or released until the session is paid in full.  [see refund policy below] 

Initial below to confirm your agreement to the session fee of $2195 plus any additional add-ons selected above. 

REFUND & CANCELLATION POLICY

If at any point you decide to cancel your session, any fees paid to that point are non-refundable and non-transferrable, being agreed that fees paid to that point cover the limited birth spot that was held for you, but there will be no further charges.  Cancellations should be in writing.  You will receive a confirmation that the cancellation was received.  In the unfortunate event of a miscarriage, your contract will be cancelled and all deposits will be refunded.  

MISSING THE BIRTH 

Since the timing of births is unpredictable, GW cannot guarantee that we will be able to make the birth.  GW will do everything possible to be there but if GW cannot make it for no fault of the Client, which might include illness, emergency, injury, simultaneous births, baby arrival more than two weeks before or after your due date, act of God, fire, or any unforeseen or uncontrollable circumstances out of the Client's control, and you gave GW proper notice when your labor began and progressed and no photographer back-up was available, 100% of your fees paid will be refunded to you, but GW shall have no further liability with respect to the Contract.  GW is only liable for the amount paid for services.  There is always a chance that GW could miss your birth.  

 

In the event the client forgets to contact GW, or waits too long to contact GW, or if proper notice was given but the baby arrives faster than the photographer can get to the hospital/home for the actual birth, fees are non-refundable, but GW will start taking photos/video from the time she arrives.  If GW feels the selection of photos and/or video was not a good variety to create your birth story film, GW may return later the next day to take additional films/photos to supplement your gallery.

 

PLEASE INITIAL BELOW TO CONFIRM THAT YOU HAVE READ AND UNDERSTAND THE ABOVE PARAGRAPHS RE: MISSING THE BIRTH

SUBSTITUTION

GW may substitue another photographer to take the photographs in the event of illness or scheduling conflicts.  In the event of such substitution, GW warrants that the photographer taking the photographs shall be a competent professional.

PERMISSIONS

Client assumes all responsibilities for obtaining any necessary permissions, clearance permits, etc., which may be required for GW to videotape and photograph at your birthing facility and with your doctor/midwife.  GW is limited by the hospital and your provider's policies, which could affect your film and photographs.  If GW shows up to the birth and is not allowed to take pictures/video, Client will still be responsible for all fees.  If you are planning to deliver at home or in a birth center, please check with your midwife AND the backup hospital in case of a transfer.  

 

Because birth is such a private and intimate event, GW will take extreme care in protecting the family's privacy.  The family and doctor/midwife are free to ask GW to leave the birth area at any time.  GW will remain available to return upon your request for the remainer of the delivery.

 

In anything unforseen occurs that requires treatment or urgent medical attention for you or your baby, or causes the planned delivery method to change, GW might be required to leave the delivery room for the remaining time of your labor and delivery.  GW will stay available and return as soon as the medical staff allows. 

OTHER

To allow the expectant parent(s) space, GW may come and go from the room throughout labor, but will remain close by.  Labor may stall and GW may take a break, read, nap, leave the room, eat, etc., while the mom rests.  If labor appears to stall for an extended time, GW might leave the birthing facility but will come back to the birth location when Client notifies her that labor has continued at a steady pace again.  

 

It is completely understandable that other friends/family attending the birth may want to take pictures.  GW requests that the Client asks them to give GW priority so that she can do what the Client has hired GW to do.  The Client may want to talk to guests beforehand so they know GW will be there.  GW will not be held responsible for images or video missed due to family or friend interference.  

CREATIVE LICENSE

The Client has viewed samples of GW's video work and hereby grants full editorial and production control to GW regarding all aspects of the production and post production services for the birth.  Whether a particular segment of the birth is either not recorded, partially recorded, or not a part of the edited master tape is at the sole discretion of GW as the exclusive producer of the birth video recording.  Changes requested to the final film after delivery to the Client are charged at a rate of $85 per hour, with a limit of 3 hours of additonal editing.  Photographs are edited at GW's discretion, and delivered images and/or films, either as prints or digital files, will not include all photographs or video clips taken.  GW reserves the creative right to edit and release only those deemed creditable as professional in quality and within GW's artisitic standards and those photos and films will be considered the finished product.  Some images and/or video will be erased because they are duplicates or substandard.  This is done at GW's discretion.

PHOTO STORAGE, BACKUP, PRINTING

Once you have been sent your digital files, storage and back up of photos and videos becomes the Client's responsibility.  You will have one week to confirm that all files are able to be opened and viewed.  After the 7 days have passed, GW cannot guarantee your images or video will be stored for any duration.  Because the images may not be retained, GW stresses the importance of copying/backing up the digital files you are given to multiple locations and in additonal formats such as online or on a hard drive.  GW is not responsible for the failure of a disc or thumb drive due to mishandling.  Digital media will change over the years and you are responsible for ensuring your images are stored on new media as required over the years.  GW highly recommends you use a professional printing company, such as MPix.com, Persnickity Prints, or Thomspon Photo to ensure high quality and correct colors in your prints.  

LIABILITY

If GW cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of both parties, or due to GW's illness or emergency, then GW shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract.  In the unlikely event of a total photographic or equipment failure, videographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of GW, or if there is cancellation of this Contract by either party or in any other circumstances, the liability of one party to the other shall be limited to the total value of the Contract.  Neither party shall be liable for indirect or consequential loss.  In the event GW fails to perform for any other reason, GW shall not be liable for any amount in excess of all monies paid.  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.  

COPYRIGHT 

All video masters and raw footage remain the exclusive property of Growing Wings.  GW will choose family friendly images/video footage to be added to our portfolio, displayed on the website, or used in business advertising.  You will have limited printing rights to the digital images, but Growing Wings owns the original copyright to the photos.  You cannot alter the films, photos, or digital images that are provided to you as a result of this Contract.  You cannot enter the photos or films into contests, or use the images or films to make a profit, or print them in magazines or other publications.  It is illegal to copy or reproduce these photographs or videos elsewhere without GW's approval, and violators of this Federal Law will be subject to its civil and criminal penalties.  

MODEL RELEASE

The signing of this Contract by the Client constitutes a commercial model release by the Client to Growing Wings.  GW shall have the right to make reproductions of the images and video footage and to use any images or films for display in Growing Wing's portfolio, for promotion of GW's work, in GW's website, for advertisement/marketing by Growing Wings, and professional competition without further release.  Client waives all claims, rights and remedies, including but not limited to the tort of invasion of privacy, due to any reproductions or use of the images or films of GW.  

I HAVE READ, UNDERSTAND, AND AGREE TO THE POLICIES OUTLINED IN THIS AGREEMENT.   THE TYPING OF MY NAME IN THE BOX BELOW CONSTITUES MY SIGNATURE.