This Contract is between the Client, whose name and address is listed above, and Katie Mathis Photography.
- Retainer and Payment. The Client shall make a non-refundable retainer of $1595 for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the birth and “on call” time. The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the photographer to schedule other clients during this time.
Payment for product orders shall be submitted to the Photographer within 14 days of gallery delivery, whether via online proofing service or in-person viewing.
- Cancellation . If the Client requests to amend this Contract the retainer shall not be refunded or applied to other services unless agreed upon by both parties at least 10 weeks prior to the expected due date. If the Client fails to notify the Photographer of the birth or cancels this Contract 60 or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.
- Pre Consultation. Both parties agree to a pre-birth consultation during the third trimester in order to discuss the birth plan and the Client's request list for specific photographs and preferences. This consultation is done in person or via facetime/google chat.
- Client Notification . The Client shall notify the Photographer immediately by phone call upon any signs of labor. 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 the Photographer responsible for missed coverage. Texts, voicemails, social media, and other messages do not constitute valid notification. The Photographer has two (2) hours from the time of proper notification to arrive at the birth location.
- Photographer Attendance. The Photographer shall be considered “on call” by 38 weeks through 42 weeks . 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 the 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. The Photographer is entitled to thirty (30) minute breaks every two (2) hours while at the hospital/birthing center/homebirth.
- Completion Schedule . Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.
- Online Gallery (100-200 high-res images) take 6 weeks from time of birth for approval before going live.
The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of $300 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
- Artistic Rights . The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of 100-200 social media photographs and 100-200 high resolution (for printing use only) photographs. The client shall not receive any photographic materials. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $40 per file.
- Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.
The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 6 weeks of the photographic event. If an online proofing gallery is delivered, it shall remain open for 14 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $100 un-archival fee shall apply.
- Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. 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. The Photographer DOES NOT provide the Client permission to resize photographs for Internet-based usage.
- Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. 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.
- Social Media . The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the “ COPYRIGHT 2016 KATIE MATHIS PHOTOGRAPHY” in the caption of all photographs uploaded to social media websites and profiles as well as tag the business in the share.
- Photography and Videography. The Client and all other persons at the birth event shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Photographer.
- Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to schedule a replacement session. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.
- Substitute Photographer. The 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 Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism. If a substitute photographer must be utilized as backup but cannot deliver quality video from the birth, the contracted photographer will allow the difference in packages ($300) to go towards a fresh48 session, newborn session, or family lifestyle session. All hospital and/or birthing center arrangements for the substitute Photographer shall be the Client’s responsibility.
- Photographer’s Standard Price List . The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
- 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 $5,000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
- The Photographer shall be held harmless for any and all injury to the Client and the Client’s property 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.
- This Contract incorporates the entire understanding of the parties. Any modifications of this Contract 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 Contract. This Contract shall be governed by the laws of the State of Arixona.
- 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.
- Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.