1. PAYMENT
The Client shall make a non-refundable retainer of $500 for the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the birth and “on call” time. Remainder balance must be paid by 36 weeks gestation. Remaining balances forfeit photographer’s duty to attend the birth and this contract remains fully enforceable for the full amount. (Preterm deliveries do not apply).
2. PAYMENT ARRANGEMENTS
In the event that you have entered into a Payment Schedule for Birth Services with Milk And Hannah Photo, Client shall make a non-refundable retainer equivalent to their agreed upon payment amount for the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the birth and “on call” time. Payments must be paid on the agreed upon day of each month, and total balance must be paid in full by 36 weeks gestation. Remaining balances forfeit photographer’s duty to attend the birth and this contract remains fully enforceable for the full amount. (Preterm deliveries do not apply).
3. CANCELLATION
If Client requests to amend or cancel this agreement the retainer shall not be refunded or applied to other services unless agreed upon by both parties at least 10 weeks prior to expected due date. If Client cancels this agreement, or fails to notify photographer of the birth, the retainer shall be forfeited.
4. CLIENT NOTIFICATION
The Client shall notify Photographer of labor immediately by phone call upon notifing their midwife for home births, or for hospital births-upon travel to the hospital, then again upon hospital admission. It is the responsibility of the client to ensure that contact is made with the Photographer. Failure to specifically speak to the Photographer and receive a response shall not hold Photographer responsible for missed coverage. Texts, voicemails, social media and other messages do not constitute valid notification.
5. LOSS
In the event of loss of pregnancy prior to on-call period (36 weeks gestation) Client is entitled to (1) a full refund of all monies paid OR (2) reinvestment of all monies paid toward future session(s) including future birth packages OR (3) continuation of birth coverage as laid out in this agreement. Notice of utilization of Option 1, 2 or 3 as specificied in Section 5: Loss is required within 14 days following notification of preganancy loss.
6. PHOTOGRAPHER ATTENDANCE
The Photographer shall be considered “on call” from 38 weeks to 42+ weeks gestation. In the event that the Photographer is unable to attend the birth due to the unpredictable circumstances of birth the retainer shall be applied to other services offered by the Photographer at Photographer’s discretion. In the event the Photographer misses the actual birth but provides coverage on the day of delivery, the contract shall be fully enforceable. In the event that Photographer attendence reaches 24 hours of longevity, Photographer retains the right to apply balance paid to other services offered by Photographer, at Photographer's discretion.
7. COMPLETION SCHEDULE
You will receive your included prints and digital images within 6 weeks from your delivery date. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement.
8. ARTISTIC RIGHTS
The Photographer retains the right of discretion in selecting the photographic materials released to the client. Due to the unpredictable nature of birth, particular shots and/or poses are not guaranteed.
9. PHOTOGRAPHIC MATERIALS
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.
10. COPYRIGHT AND REPRODUCTIONS
The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.
11. CLIENT USAGE
The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
12. SOCIAL MEDIA
The Client may share the images included in their online gallery on their social media sites. Proper credit MUST be given and linked to photographer's affiliated social site.
13. FAILURE TO PERFORM
If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to schedule a replacement session. If a reschedule is unable to be agreed upon, Photographer shall return all monies paid and have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to return of all monies paid.
14. PHOTOGRAPHER
In the event of an emergency, Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
15. TRAVEL AND OVERAGE FEES
The Client shall pay $.54 for every mile above 60.
16. ARBITRATION
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $100. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
17. INDEMNIFICATION
The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events. The Photographer shall be held harmless for any missed performance as a result of hospital and/or birthing center policies. It is the responsibility of the Client to acquire all appropriate permissions and access for the Photographer.
18. MISCELLANY
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Ohio.
19. WAIVERS
The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
20. ATTORNEY'S FEES
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
21. CO-OPERATION
Client agrees to positive cooperation and communication for the best possible result within the definition of this assignment. Photographer is not responsible for key individuals’ failure to be present or co-operation during the session. Client is also responsible for anyone else in attendance of the birth. Photographer will not tolerate verbally or physically abusive behavior. If the client and/or those in attendance with client's approval fail to cooperate, resulting in an unacceptable degree of misconduct, damages the equipment of the photographer, or verbal/physical harassment of photographer-it will result in the immediate departure of the photographer. The client understands that in such an event, no refunds will be given. Photographer reserves the right to leave the session at any time.