BIRTH PHOTOGRAPHY AGREEMENT

TERMS & CONDITIONS

1. PARTIES.  The Client listed above is hereinafter referred to as the “Client.” Fox Valley Birth and Baby is hereinafter referred to as “Photographer.”  Photographer is in the business of providing professional photography services and products and Client wishes to retain Photographer’s services as set forth herein.

2. COVERAGE/PACKAGE INFORMATION.  Client is purchasing the following:

Coverage will be provided by the photographer as follows:

Client agrees to pay the following amount for Photographer's services:

Additional prints and products can be purchased at a la carte prices in effect as of the date that this Agreement is executed by the parties.

3. LABOR + DELIVERY COVERAGE.  It is the Client’s responsibility to contact the Client’s OB, hospital, midwife, or birth center to determine whether photography is allowed in the labor and delivery rooms, and by entering into this Agreement, Client is representing that photography is allowed. Upon the execution of this Agreement and the receipt of the deposit, Photographer will reserve time on her calendar and will be on call around Client’s due date.  Client agrees to communicate with Photographer on a regular basis and keep Photographer updated on the progress of Client’s pregnancy.  Client also agrees to contact Photographer immediately upon going into labor (immediately after calling the OB or midwife), to provide Photographer with ample time to travel to and arrive at the labor and delivery location.  Photographer will attempt to arrive and begin providing photographic coverage when Client is approximately 5-6 cm dilated, therefore, it is imperative that Client keeps Photographer updated on Client’s progress throughout the labor.  Photographer is not liable for any missed shots or coverage due to the Client’s failure to adequately notify Photographer when Client goes into labor or of Client’s progress during labor.  If Client experiences a fast labor and Photographer, through no fault of her own, does not make it in time to photograph the labor and delivery, no refunds will be given of amounts paid to Photographer. 

4. DEPOSIT + PAYMENT SCHEDULE.  A non-refundable deposit in the amount of $300 is due at the time of booking Client’s session to reserve space on the Photographer’s calendar and to ensure that Photographer will be on call around Client’s due date. The remainder of the total amount owed is due three weeks prior to Client’s due date.

5. CANCELLATION POLICY. Client understands that labor and delivery is unpredictable and that by entering into this Agreement, Photographer is foregoing other employment to ensure that Photographer will be available and on call around Client’s due date.  Therefore, the deposit is nonrefundable upon cancellation for any reason.  All amounts become nonrefundable once it has been paid to Photographer.  If after Client has paid the full amount due, Client’s medical care provider determines Client will receive a cesarean section without laboring, Photographer will arrive at the hospital and photograph before and after the cesarean section in full satisfaction of this Agreement.  However, in this situation, if Client chooses to cancel the Agreement instead, then Client understands that no refunds of amounts paid will be given. 

6. VIEWING SESSION.  Approximately 3 to 4 weeks after the birth, the custom-edited images will be available for viewing in a private online gallery, or at the Viewing Session, to take place at Client’s home at the address above.  All ordering and purchasing decisions will be made at this Viewing Session. All prints and products ordered will be delivered 4 to 6 weeks after the Viewing Session. Client agrees and understands that Photographer, in her sole artistic discretion, decides which images taken during the session will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client.

7. ALBUMS/DELIVERY. If Client is ordering an album, before the online gallery expires, Client will provide Photographer with a list of images to be used in the album. Photographer will email proofs of the album layout and design to client between 2 to 3 weeks after Photographer receives the list of images to be used in the album.  Client will have the ability to make a number of 3 changes to the proofed layout.  Any additional changes will be charged at $50 per change.  The album will be available for pick up or delivery to Client within 4 to 6 weeks after Client has signed off on the proofed layout.  Photographer is not liable for mistakes or delays in creating or delivering of the album caused by the lab or company producing the album. If Client wishes to make changes or place a reorder after Client has already signed off on the proofs, then all changes and reorders will be at the Client’s full expense.

8. EDITING.  Client agrees and understands that Photographer edits the proofs at her own artistic discretion, and said editing is included in the package fee.  Additional heavy editing, such as removing glare on eyeglasses, braces, acne, or weight reduction, will be charged at any extra rate of $50 per image. 

9. REFUNDS ON PHOTOGRAPHIC PRODUCTS.  Due to the custom nature of photography, all purchased products, including but not limited to prints, albums, CDs, and canvas wraps, cannot be returned and all money paid is nonrefundable. 

10. ARCHIVE AND STORAGE.  The Photographer archives all proofed images from each session for a period of 1 year from the date of the session. After that time, the Photographer deletes all proofed images from her hard drive and all external hard drives. The Photographer is not responsible for digital files once they are purchased and received by the Client.  The Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer and for keeping them in a safe place. 

11. FORCE MAJEURE.  Photographer will not be liable to the Client for any loss, including but not limited to the inability of Photographer to arrive in time to photograph the labor and delivery, resulting from an act of God, natural disaster (including but not limited to fire, earthquake, tropical storm, hurricane, flood, lightning, tornado), road closures, an act of the public enemy, war, general arrest or restraint of government and people, civil disturbance or similar occurrence, terrorist attack, or general inability of national carriers to make scheduled deliveries.  Photographer will likewise not be liable to the Client for any loss resulting from missed shots or coverage if the hospital, birth center or Client’s medical care provider does not allow photography, or prohibits the use of flash equipment, during certain stages of labor and delivery or in the operating room if Client’s labor and delivery results in a cesarean section, or if Client requests that Photographer leave the room at any time during labor and delivery. 

12. LIMITATION OF LIABILITY.  If Photographer fails to arrive in time to photograph the labor and delivery due to reasons other than those listed in Paragraphs 3 and 11 herein, Client’s recovery and Photographer’s liability is limited to the total amount paid from Client to Photographer under this Agreement and Photographer will have no further liability to Client, regardless of the total amount of costs or damages claimed by Client.  Client’s recovery is also limited to the total amount paid from Client to Photographer under this Agreement in a situation where the digital files or film negatives are lost or damaged through camera malfunction, where Photographer’s camera(s), memory cards or film negatives are stolen, or where Photographer’s equipment is otherwise lost or damaged.

13. ASSUMPTION OF RISK; RELEASE OF PHOTOGRAPHER. Client acknowledges and understands the inherent risks associated with pregnancy, labor and delivery and that Photographer will simply be present as a passive observer and not as an active participant or medical care provider of any kind. EXCEPT AS SET FORTH IN PARAGRAPH 12 ABOVE, CLIENT, THEIR HEIRS, ASSIGNS AND NEXT OF KIN, AGREE TO FULLY RELEASE PHOTOGRAPHER, AND PHOTOGRAPHER’S EMPLOYEES AND INDEPENDENT CONTRACTORS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LITIGATION OR OTHER ACTIONS THAT CLIENT MAY HAVE FOR INJURIES, DISABILITY, OR DEATH OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT, BREACH OF WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF THE PHOTOGRAPHER, PHOTOGRAPHER’S EMPLOYEES OR INDEPENDENT CONTRACTORS.

14. MODEL RELEASE.  Client hereby grants to Photographer and her legal representatives, heirs, and assigns, the irrevocable and unrestricted right to use and publish photographs of Client and Client’s minor child born during the labor and delivery photographed under this Agreement for marketing, advertising, portfolio, website, commercial use, and other purposes, in any manner and to edit and alter the same without restriction.  Client hereby releases Photographer and her legal representatives, heirs and assigns from any and all claims and liability relating to the photographs.

 

15. COPYRIGHT. Client understands that Photographer is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement and Client will not copy (including electronic copying, downloading, and screen printing), scan, edit, crop, or alter the images in any manner for any purpose. Photographer retains all rights to the images, including but not limited to, the right to sell, copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Photographer’s website and portfolio. Copyright protection is governed by federal and any and all violators will be punished to the fullest extent of the law permitted. 

16. CLIENT USAGE; PERSONAL USE ONLY.  Client understands that he/she is obtaining prints and/or digital files (or other products) for Client’s personal use only.  Client agrees that he/she will not use any of the images from the session for commercial reasons, including but not limited to marketing, advertising or entering the images into a contest of any kind.  Client agrees to only use watermarked digital files via email and on the Internet that must be obtained/purchased from Photographer.  If Client wishes to use any of the images from the session for commercial purposes, Client must contact Photographer to discuss the terms of a potential commercial arrangement, though Photographer is under no obligation to enter into any commercial arrangement. 

17. ENTIRE AGREEMENT; AMENDMENTS.  This Agreement is the entire agreement between the parties regarding this subject matter and supersedes all prior agreements and understandings related hereto.  This Agreement can only be amended or modified in a writing signed by both parties, including a cancellation. 

18. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect.

19. GOVERNING LAW, JURISDICTION AND VENUE.  This Agreement shall be governed by the laws of the State of Wisconsin, without giving effect to the principals of conflicts of law.  The parties consent to jurisdiction and venue in the state and federal courts located in the State of Wisconsin. 

20. COUNTERPARTS; ELECTRONIC SIGNATURES.  This Agreement may be signed in any number of counterparts, each of which shall be deemed an original, and all signatures together shall constitute one and the same agreement.  This Agreement may be signed via fax, email or other electronic means, any of which will be fully binding as an original signature. 

 

WHEREFORE, the parties execute this Agreement on the date first written below.