AGREEMENT OVERVIEW: This agreement contains the entire understanding between Abigail Myers Photography and the above listed client. It supersedes all prior and simultaneous agreements between the parties. The only way to modify this agreement is to do so in writing, signed by all parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Abigail Myers Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Abigail Myers Photography.
IMAGES and COPYRIGHTS: The photographs produced by Abigail Myers Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Abigail Myers Photography's explicitly written permission. Upon final payment by the client, the client has limited copyright ownership for printing only of the resulting images, which may be used only for personal use and may not be copied, or reprinted without express permission of Abigail Myers Photography. This permission is included with high resolution images, with which the owner may make prints up to but not exceeding size 8"x10” for personal use and sharing, as well as use for their personal blogs, sites, and social networks (as long as visible credit is given on or under each image to Abigail Myers Photography). The Client must obtain written permission from, and compensate Abigail Myers Photography prior to the CLIENT, or its friends/ relatives publishing or selling the images for profit.
MODEL RELEASE: The CLIENT & Subject hereby grant to Abigail Myers Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same; and to copyright the same. The CLIENT hereby releases Abigail Myers Photography and its legal representatives and assigns from all claims and liability relating to said photographs. While Abigail Myers Photography reserves the right to use any image for display, due to the private and very personal nature of birth photographs, Abigail Myers Photography will respect the Client's wishes regarding using or not using specific or graphic images.
LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents her from photographing the agreed upon session, responsibility and liability is limited to the transfer of deposits made to the session types of Fresh 48 and Newborn Session rather than birth. Due to the nature and timing of birth being unpredictable, Abigail Myers Photography cannot be held accountable or liable for a missed birth. Abigail Myers Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Abigail Myers Photography's control, Abigail Myers Photography's liability is limited to the return of all payments received for the portrait package.
*If we cannot provide coverage as a result of client's actions or due to circumstances beyond anyone's control, all fees paid will be applied toward a Fresh 48 and Newborn Session. Examples of this include, but are not limited to: failure to provide adequate notice of the baby's birth; an unexpected transport for a c-section; a dramatic change in the birth plan. In instances like this, beyond our control, no refunds will be given.*
RETAINER & PAYMENT SCHEDULE: 50% of the total cost is due at time of signing this agreement. This is a NON-REFUNDABLE RETAINER. In the event of cancellation by the client, the retainer paid is non-refundable. It shall be liquidated for damages to Abigail Myers Photography in the event of a cancellation, or breach of contract by the CLIENT. The retainer shall be applied towards the total cost of the service to be rendered. The remaining charges are payable in full on the date of the session, or within 72 hours thereof.
If you decide to cancel our services for any reason, please let us know at least 30 days before your due date. Your initial deposit is non-refundable in this case, but any other fees paid up to this point will be fully refunded.
Abigail Myers Photography is obliged to explain the following:
Upon viewing samples of Abigail Myers Photography's work, you (Client) have decided to invest in services to photograph your birth because you are confident that Abigail Myers Photography can give you results which you will cherish.
There is no way to guarantee or know the quantity or quality of photos that will be produced from this endeavor simply because this is an event in the future. Abigail Myers Photography agrees to hold their images to the highest standard and do everything in the power of Abigail Myers Photography to produce quality images of your birth. Abigail Myers Photography cannot promise that Client's images will be an exact duplicate of any requested image.
As an artist, Abigail Myers Photography reserves the right to artistically interpret what is seen and in what ways to photograph each subject. This may mean that some frames are delivered in varying color profiles including, but not limited to, color and black and white images. This is the discretion of Abigail Myers Photography.
By completing this contract, you are confirming that your place of delivery will allow birth photography. You agree to informing Abigail Myers Photography of any guidelines or procedures that must be followed. Failure to do so will result in loss of deposit. Abigail Myers Photography is hereby not responsible for any situation in which this contract is not fulfilled due to unknown hospital or birth center policies. Please also know that we will be limited by the guidelines (if there are any) of the facility and/or the delivering doctor/midwife, some of which arise during delivery. Negotiation for moderation of the guidelines is your responsibility. If you are planning a birth at home or in a birthing center, please check with your midwife AND your back up hospital in case of a transfer. We try to be unobtrusive and document the birth as best as we can with the available lighting. Low light situations cause images to be more raw - perhaps with a bit of film grain or motion blur, this is normal. Most images will be delivered in black and white, though any images delivered- color or black and white- will be at the artistic discretion of the photographer.