Thank you for allowing me to photograph your upcoming birth! Hiring a birth photographer allows your support team to focus on you and baby during labor while ensuring those precious moments are photographed. Birth and labor are very unpredictable. I will shoot your birth as it unfolds, in a photo-journalistic style. It is my goal to document your birth discretely and unobtrusively.
Terms: From hereon, “The Photographer” refers to FRESH PINE PHOTOGRAPHY and “The Client” refers to the signers of this contract.
Coverage: Once the client’s due date is added to the Photographer’s calendar, the Photographer will be on call beginning from 38-42 weeks (until the client delivers). During this time being on call, the Photographer will not travel further than one hour from her home to ensure availability for the client’s birth. It is the client’s responsibility to notify Fresh Pine Photography by phone once labor has started. The client needs to designate someone on their birth team to be responsible for keeping the Photographer updated during labor. It is the client’s responsibility to inform the Photographer once the client has been admitted to the hospital. The Photographer is typically called up to begin photographing once active labor begins and/or the client reaches 5 cm dilated. If client is declining cervical checks, it is up to the client’s discretion when to call for the Photographer to come to the hospital/birthing center/home. Once the Photographer receives the call to come in, she will arrive at the client’s birthing location within 2 hours, barring any acts of nature or otherwise uncontrollable situations (inclement weather, traffic, and other circumstances beyond the Photographer’s control). In instances of precipitous labor, the Photographer is still given the hour and a half window to arrive. If the Photographer arrives within the 2 hour window but baby has already been born, a “The Golden Hours” session will be done in place of the birth to capture the first few hours of the client’s new baby’s life (2-5 hours with baby, parents, siblings, and any other family members in attendance). The balance of the birth session remains due two days after delivery when The Golden Hour sessions are done due to missing the birth.
If the client goes into spontaneous labor or medical reasons require the Client to deliver prior to 38 weeks, the Photographer will make all attempts to attend the birth. The Photographer is not on call prior to 38 weeks and attendance cannot be guaranteed. If the Client notifies the Photographer immediately, the Photographer will attempt to attend the birth if no other obligations are scheduled. The Photographer will reach out to the back up photographer if she is unavailable. In the event that neither the Photographer nor back up photographer are available to attend the birth prior to 38 weeks, no refund will be given and a Fresh 48 session will be offered. The balance for the birth will remain due two days after birth. These situations will be handled on a case-by-case basis by the Photographer and may or may not include another session.
The client reserves the right to call the shots during their birth. The Photographer will follow the client’s guide and direction as to where the client would like the Photographer and what the Client would like to happen. The Photographer will try and remain invisible in the room yet still achieve the shots the Client desires.
Birth Facility Guidelines: The Client is responsible for clearing birth photo coverage with providers and making sure they are onboard with having a photographer present at delivery, whether it be in a delivery room or an OR for a (scheduled/unscheduled) c-section. The hospital/birth center's medical staff has the right to shut down photography during a birth at any point. If there presents an emergent situation or another instance in which photography must cease, the Photographer will follow the directions of the staff and that overrides the Photographer’s coverage in this contract. Photographer cannot guarantee any specific shots and is not liable for any missed moments of the birth. The Photographer must work unobtrusively around staff and doctors and the Client must understand that this might mean certain moments of birth may be blocked or skewed. The Photographer is not liable for any moments missed due to family members blocking or impeding view of the Client at any time during or after the birth. Client agrees to accept the technical results of their imposition on the photographer. The Photographer will work with the hospital staff and follow any leads and directions they give to best accommodate the Client in the Client’s birth experience. If the photographer is not allowed into the operating room in the case of a c-section, she will photograph as much as possible before and after the birth. No refund, full or partial, is given due to a c-section or hospital transfer, but a Fresh 48 session will be offered. Fresh Pine Photography does not assume any medical responsibility and is not a medical professional.
Cancellation and Back Up Policies: It is the photographer’s top priority to provide the services described here. If failure to attend the birth or send a back-up is due to the photographer’s error, the balance due will be zero and a Fresh 48 session will be offered at no additional cost. If it is due to circumstances beyond anyone’s control (e.g. precipitous labor), the client fails to call the photographer, or if the client chooses after 35 weeks of pregnancy not to utilize birth photography services, the full fee becomes non-refundable. All retainers are non-refundable. No refund is given for voluntary cancellations. If the client decided to not utilize birth photography services after 35 weeks gestation, the remaining balance must be paid to Fresh Pine Photography within 7 days of cancellation.
The Photographer reserves the right to cancel or miss the birth – (I am a mom first and sometimes life gets busy and unexpected things happen and I need to make sure taking care of those things are my first priority). If there is an illness in the Photographer’s family (myself, or immediate family member), the Photographer will not risk bringing any contagious illness that she may have been exposed to into the client’s birthing space. (Trust in me that I will make every possible effort to attend the client’s birth, but the client must realize and agree to the possibility and real fact that I may miss it). In the event that the Photographer cannot attend due to illness, extreme emergency, or photographing another birth at the same time, a backup photographer will step in and photograph the client’s birth. The Photographer ensures that the backup will be an experienced, knowledgeable, professional birth photographer.
Copyrights and Model Release: The photographs produced by Fresh Pine Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Fresh Pine Photography’s explicit written permission. If displayed on social networking sites, photos must say, “Photos by Fresh Pine Photography” somewhere visible on the photo or on the information tab below each single photo. It is a breach of this agreement to alter the photographs in any way (cropping, altering color, etc). Upon online digital gallery delivery, limited copyright ownership of the resulting images will be transferred to the client under the following conditions: 1) The photographic images are the property of client for personal use and for the purpose of the reproduction and giving of photographs to friends and relatives. 2) The client must obtain written permission from and compensate Fresh Pine Photography prior to the client or the client’s friends and relatives publishing or selling the photographs for profit. The client hereby grants Fresh Pine 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 without restriction; and to copyright the same. The client hereby releases Fresh Pine Photography and its legal representatives and assigns from all claims and liability relation to said photographs.
Use of images online: Fresh Pine Photography will never use an image of a sensitive nature without your consent. The client will have opportunity to view photos before being published online. It is the goal of Fresh Pine Photography to document your birth discretely and unobtrusively.
Delivery of Images: The Client will receive all edited photos (approximately 100+ for a birth) via digital album (Pixieset) within two weeks of the Client’s session – the Client will be given a photo release form as well. The images will include a combination of black & white and color editing. The choice of editing is at the discretion of the Photographer. Please note the gallery expires one month from image delivery date. The Client must download the images within that window. If not, the gallery will be archived/deleted. There will be a $30 gallery re-listing fee for images to be made available again after the one month window.
Payment: The cost for birth photography with Fresh Pine Photography is $999. This includes time coverage for labor, delivery, and up to two hours postpartum. A non-refundable retainer is due with completion of this contract to secure the client’s estimated due date. The remaining balance is due once client is 38 weeks. The Client will not receive their digital gallery until balance has been paid. The client’s delivery must take place within 20 miles of 62208...if it is outside of this area, an additional charge (based on distance and birthing location) may be added to your session fee. Additional travel fee is at the discretion of the Photographer. Travel fee must be included with deposit.