3. LABOR + DELIVERY Support. It is the Client’s responsibility to contact the Client’s OB, hospital, midwife, or birth center to determine whether a doula is allowed in the labor and delivery rooms, and by entering into this Agreement, Client is representing that a doula presence is allowed. Upon the execution of this Agreement and the receipt of the deposit, Doula will reserve time on her calendar and will be on call around Client’s due date. Client agrees to communicate with Doula on a regular basis and keep Doula updated on the progress of Client’s pregnancy. Client also agrees to contact Doula immediately upon going into labor (immediately after calling the OB or midwife), to provide Doula with ample time to travel to and arrive at the labor and delivery location. Doula will attempt to arrive and begin providing labor support when Client is in early to active labor or in need of support through contractions, therefore, it is imperative that Client keeps Doula updated on Client’s progress throughout the labor. Doula is not liable for missing the birth due to the Client’s failure to adequately notify Doula when Client goes into labor or of Client’s progress during labor. If Client experiences a fast labor and the Doula, through no fault of her own, does not make it in time to be present for the labor and delivery, no refunds will be given of amounts paid to Doula.
4. DEPOSIT + PAYMENT SCHEDULE. A non-refundable deposit in the amount of $100 is due at the time of signing this contract to reserve space on the Doula’s calendar and to ensure that Doula 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, Doula is foregoing other employment to ensure that Doula 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 Doula. If after Client has paid the full amount due, Client’s medical care provider determines Client will receive a cesarean section without laboring, Doula will arrive at the hospital to provide emotional and physical support as needed 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. FORCE MAJEURE. Doula will not be liable to the Client for any loss, including but not limited to the inability of Doula to arrive in time to provide support during 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. Doula will likewise not be liable to the Client for any loss resulting from missed support opportunity if the hospital, birth center or Client’s medical care provider does not allow doula prescence 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 Doula leave the room at any time during labor and delivery.
7. LIMITATION OF LIABILITY. If Doula fails to arrive in time to provide support during the labor and delivery due to reasons other than those listed in Paragraphs 3 and 6 herein, Client’s recovery and Doula's liability is limited to the total amount paid from Client to Doula under this Agreement and Doula will have no further liability to Client, regardless of the total amount of costs or damages claimed by Client.
8. ASSUMPTION OF RISK; RELEASE OF DOULA. Client acknowledges and understands the inherent risks associated with pregnancy, labor and delivery and that Doula 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 7 ABOVE, CLIENT, THEIR HEIRS, ASSIGNS AND NEXT OF KIN, AGREE TO FULLY RELEASE DOULA, AND DOULA’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..
9. 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.
10. 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.
11. 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.
12. 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.