BIRTH PHOTOGRAPHY AGREEMENT

 

Agreement. This agreement has been freely negotiated and contains the entire understanding between Yany Photography and the Client. The following terms have been discussed and set: Cost of Birth Photography to the Client will be zero (0) dollars (for this particular session ONLY.) This will include up to 50 edited digitals files. Option to purchase additional files and/or products separately is available.

Pre-Birth Consultation. Both parties agree to a pre-birth consultation before or during the third trimester in order to discuss the birth plan and Client’s request list for specific photographs and preferences. This consult is done in person to ensure Client and Photographer are a good match.

Retainer and Payment. Client agrees to pay Photographer a retainer of zero (0) dollars at the time of booking. As agreed upon between Client and Photographer, no additional fees are due pertaining to the Birth session. Client may purchase additional products separately.

Non-Disclosure Agreement. Client agrees to NOT disclose that this is a complimentary birth session.

Photographer Attendance. The Photographer shall be considered “on call” from thirty eight (38) weeks gestation through the expected delivery date. 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 Photographer’s discretion. In the event the that Photographer misses the actual birth but provides coverage on the day of delivery, the contract shall be fully enforced. The Photographer is entitled to thirty (30) minute breaks every four (4) hours while at the hospital/birthing center.

Coverage. Coverage begins at active labor and continues until 30 minutes after the birth. The Photographer is on call 24 hours a day during the time surrounding Client's due date. The Client is responsible for contacting Yany Photography during early stages of labor and again when midwife confirms active labor. Failure to specifically speak to the Photographer and receive a response shall not hold Photographer responsible for missed coverage. Texts, voicemails, social media and other messages do not constitute valid notification.

Artistic Rights. The Photographer retains the right of discretion and will use her professional judgement in selecting the photographic materials released to the Client. The number of images delivered vary by birth, depending on the length of labor. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only.

Exclusivity. Yany Photography shall be the only hired photographer for this event. Family members and friends are permitted to take photos. Yany Photography is not to be held responsible for images missed due to family or friend interference.

Archive. After three (3) months, all ordered images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. All photos not ordered will be deleted to make room.

Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. Gallery proofs shall be available to the Client within 2-4 weeks of the session.

Birth Facility Guidelines. Client must confirm that photography is allowed at hospital/birthing facility prior to the birth. The Photographer is limited by the guidelines of the facility and/or the delivering care provider. Negotiation for moderation of the guidelines is the Client’s responsibility. If panning a home birth, Client must check with back-up hospital in case of a transfer. The Photographer may not be allowed in the operating room in the event of a planned or unplanned cesarean section. There is no refund of fees for an unplanned cesarean section.

Limit of Liability. In the unlikely event that the Photographer is injured or becomes too ill to photograph the birth, Yany Photography will make every effort to assist the Client in finding a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the birth photography session. Yany Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, Yany Photography’s liability is limited to the return of all payments received for the birth photography session.

Model Release. The Client hereby assigns and grants Yany Photography, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, advertising, or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Photographer and its legal representatives from all claims and liability relating to said photographs. It is agreed that Photographer may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display and any other purpose thought proper by Photographer. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release. If MODEL is a minor or lacks capacity in the jurisdiction of residence, parent warrants and represents that Parent is the legal guardian of Model, and has the full legal capacity to consent to the session and to execute this release OF ALL RIGHTS IN MODEL’S IMAGES.

Copyright and Reproductions. The Photographer owns the copyright for all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses. The client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. 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.

Digital Files. Upon receipt of digital files, whether downloadable from an online storage facility or on a USB Drive, the Client accepts all responsibility for archiving and protecting the photographs. Yany Photography does not permanently archive image files. Yany Photography is not responsible for the lifespan of any digital media provided or for future changes in digital technology or media readers that might result in an inability to read disks provided. It is the Client's responsibility to make sure that digital files are copied to new media as required.

Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.

Photographer’s Standard Price List. The charges in this agreement 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.

I have read and understand the terms of this contract with Yany Photography and agree to be bound by them.
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