This agreement is between Healing Tree Wellness (“the contractor” or "the photographer") and the name listed above (“the client”).
Payment
Upon signing the contract, a retainer of $300 is due to the contractor. This retainer is non-refundable due to the photographer’s inability to take on additional clients during the client's birth month. Upon receiving payment, the photographer will reserve client’s birth on her calendar. The remaining balance of $900 is due at 37 weeks gestation (or when the photographer goes on call for the client). If the remaining balance is not paid by 36 weeks, the photographer’s obligation to attend the birth is nullified until payment is received.
If birth photography is selected as an add-on to the contractor's doula services, the full payment of $750 is due at 37 weeks gestation (or when the photographer goes on call for the client). There is no retainer due.
Due to the unpredictable nature of birth, photographer works with back-up photographers. In the event photographer cannot attend client’s birth for any reason, or if she needs to leave after 15 hours of coverage, a back-up photographer may be sent to client’s birth. In the event a back-up photographer is not able to attend, client will receive a refund of payment made, minus retainer.
Client is responsible to keep in contact with photographer in the weeks leading up to client’s birth. Keep the photographer updated with any significant changes to the birth plan.
In early labor: notify photographer via call or text, so that she can prepare accordingly. If photographer doesn’t respond to text, please call. If it is between the hours of 9 pm and 9 am you can text, but it won’t be received until the morning.
In active labor: notify photographer once active labor has been established. Photographer needs up to 2 hours from active labor notification to arrive at client's birthing location. Depending on the birthing location, it generally doesn’t take this long.
If client has a precipitous birth and is unable to call photographer with enough notice, this contract is still valid and photographer will come to place of birth as soon as reasonably possible after notification in order to document the moments after delivery. Precipitous births are not the fault of client or photographer. Photographer will document client’s birth story - in this case - a fast and unpredictable birth is client’s story, and no monies will be returned. Photographer will deliver the same amount of images as agreed upon in this contract.
Neither photographer nor contractor is liable for any dissatisfaction of the final products as long as it represents photographer’s style and work in photographer’s portfolio. Client is responsible for viewing photographer’s portfolio. Upon signing the contract, client agrees that the photographer’s style and quality of photographs is acceptable. Photographer cannot guarantee print quality and is not liable for outside lab dissatisfaction.
It is the client’s responsibility to ensure the place of birth (hospital, birth center or home birth midwife) is aware of the birth photographer and doesn’t have guidelines against birth photography. The birth photographer is not responsible for any missed shots due to medical staff. If the client has a c-section or is an emergency situation, it is client’s responsibility to discuss photographer’s presence in the operating room (OR). If the photographer is not allowed in the OR, contract is still fully enforceable. Photographer will document client's story from the vantage point that she’s allowed access to by the hospital staff.
Photographer is serving as a sole photographer. Client's family and friends can also take photos, but photographer is not responsible for missed shots due to interference.
If photographer and back-up photographer is unable to perform due to sickness, emergency, or caused beyond photographer’s control, the photographer and client shall attempt to schedule a replacement session (newborn session etc.) If an agreement cannot be reached by photographer and client, the contractor agrees to return payments made (minus the retainer). The photographer will have no further liability. If the photographer is not able to deliver the agreed upon images due to technical malfunctions of her photography equipment, the contractor’s liability is limited to the price of the birth session.
The contractor holds all artistic rights to images captured during a birth session. Photographer will decide how she wants to edit each photograph. Client agrees to not alter images in any way (this includes filters used on social media). Client agrees to not crop images. If client desires additional editing on any file, the contractor reserves the right to charge $25 per file.
The client agrees to indemnify, defend and hold harmless the contractor and photographer against any and all damages, liabilities and costs (including attorney fees) asserted against or suffered by the contractor and/or photographer relating to any breach by client of the terms of this agreement. The contractor and/or photographer shall also have the right to seek an injunction to prevent any violation of this agreement.
Photographer will not tolerate any emotional, physical or verbal abuse. If an abusive situation arises at the reasonable discretion of photographer, then photographer can leave and retainer and balance will be kept.
The contractor holds copyright for all images taken during the birth session. Any attempt to claim the photos as client’s own will result in lawful action. Any attempt to reproduce photos which you do not have printing rights agreement for will result in a breach of contract. Photos and prints are for personal use only. The contractor obtains the irrevocable right to utilize photos from your birth session for advertising or commercial purposes. This includes positioning certain images on advertising materials, that include the contractor’s website, Facebook page, social media, printed media in accordance to model release.
