Birth Photography Contract
This agreement is between Suzanne Hawken (hereafter the “PHOTOGRAPHER”) and Jamere and Katie Crawford, hereafter referred to as CLIENT.
1. Scope of Work:
The PHOTOGRAPHER agrees to enter an “on-call” arrangement of 24-7 availability beginning 4:00 pm PST on June 22nd, 2023 through 11:59 AM PST on June 26th, 2023.
The PHOTOGRAPHER will photograph the CLIENT’s selected aspects of labor, birth, and several hours immediately postpartum. This includes:
- Photos of Hospital
- Photos of Birth Room
- Candid photos of labor
- Candid photos of delivery (taken from the top down)
- Candid photos of first moments with the baby
- Posed photos of Jamere and Katie with the baby
But not including:
- Photos of crowning
- Photos explicitly of the placenta
The PHOTOGRAPHER makes no guarantees as to the ability to capture any particular image. The birth staff may require that no medical procedure or staff are photographed. The PHOTOGRAPHER will attempt to work within the care provider’s requirements to meet the requests of the CLIENT.
The PHOTOGRAPHER may not be allowed to photograph cesarean sections. The PHOTOGRAPHER will make all attempts to gain access to the operating room when desired by CLIENT. There is no reduction in fees for cesarean birth.
The PHOTOGRAPHER is not liable for any birth outcomes and will not act as a doula unless the PHOTOGRAPHER is hired as a doula.
2. Work Product
The PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than 7 days after the date of the shoot, after full payment is received.
The PHOTOGRAPHER will supply at least one (1) low-resolution image file via e-mail within 24 hours of the birth for sharing/announcement purposes, after full payment is received.
The PHOTOGRAPHER will upload image proofs in a password protected, private online album at cloudspot.com for one year (1 year). The proofs can be hidden or organized to maintain privacy. The album can be shared and digital files and products can be ordered directly through the album.
All finished image files delivered to CLIENT are licensed for CLIENT’S personal use only. Image files included in the fee will be delivered to the CLIENT as follows:
- All photos taken in low-resolution, non-edited format (not best for printing purposes)
- At least 12 post-production (edited) photos for digital download and/or online purchase.
- All files will be in black & white and/or color, delivered in .JPG format via digital download and any desired physical prints for purchase through cloudspot.com
The PHOTOGRAPHER makes no guarantee of the quantity of images, due to variation in birth length and circumstance but will provide a minimum of 12 post-production photos.
The PHOTOGRAPHER uses specialized camera equipment that allows photography in low light conditions. Low-light photography is characterized by an amount of image noise, or grain. The amount of noise is dependent upon the amount and quality of light in the birth space. For highest-quality images, some light is required. This can be via ambient light or on camera flash. The PHOTOGRAPHER in the darkest conditions may briefly use flash for some photographs. The PHOTOGRAPHER may suggest changes to the lighting to facilitate photography, unless it is disruptive to the CLIENT or staff.
Editing style will be chosen by PHOTOGRAPHER unless specific requests are entered beforehand by CLIENT. Editing of five (5) additional images CLIENT likes (that were not edited by PHOTOGRAPHER) is included in the fee, including conversion to color or B&W, or edits to image content. Birth and in-home lighting without flash presents significant lighting challenges. Black and white (B&W) edits are chosen by the PHOTOGRAPHER for individual images to enhance detail and composition, and mask the drawbacks of uncontrolled lighting situations. As such, when B&W edits are provided by PHOTOGRAPHER, they are generally unable to be converted back to color. Color images are more easily converted to B&W. Each image is individually edited, and up to 30 separate processes are used to produce each finished image you receive.
-Each additional image edit beyond these five up to (5) images will incur a $50 per-file editing fee.
– Timeline for delivery of additionally edited images will be at the discretion of the PHOTOGRAPHER.
– Both the session fee and editing fees are due from the CLIENT before work commences on any image.
3. Privacy:
The PHOTOGRAPHER will maintain the CLIENT’s privacy.
The PHOTOGRAPHER may be asked to leave the birth space at any time; the PHOTOGRAPHER will remain available from approximately 3 cm dilation until two hours after the birth.
The PHOTOGRAPHER will edit and process images in a private office with securable computer equipment.
The PHOTOGRAPHER will not publicly or privately display CLIENT images that are not expressly authorized for private and/or public view.
The CLIENT may choose not to authorize any images for public and/or private view. However, PHOTOGRAPHER relies on a continuously evolving portfolio to show prospective customers examples of her work and greatly appreciates the authorization of a few modest images per birth.
The PHOTOGRAPHER will not maintain copies of RAW images on her computer system and will securely wipe all image files other than those authorized for public/private viewing sixty (60) days after image and additional product delivery is complete or after the model release form is returned.
4. Portfolio/Copyright:
The PHOTOGRAPHER will request the authorization of select images for public and/or private view. “Public view” images may be displayed on the PHOTOGRAPHER’s website, promotional materials, social media and submitted to books, magazines, and websites for publication and contests. “Private view” images may be included in printed album portfolios. This authorization cannot be revoked.
All other images are for the CLIENT’s personal use only; they are not to be sold or displayed for advertising or business purposes without obtaining an individual copyright release for each image from the PHOTOGRAPHER. Failure to obtain the release is punishable by U.S. copyright law.
5. Fees:
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of $500.
CLIENT agrees to pay the PHOTOGRAPHER a retainer fee of $250 payable upon signing of this contract.
The balance of the payment for photography services must be paid in full no later than seven (7) days before the SHOOT detailed in Section 1: Scope of Work.
Photos will not be delivered to CLIENT until the balance is paid in full. If the balance is not paid prior to the birth, the CLIENT authorizes the PHOTOGRAPHER to retain any photos from the SHOOT for public/private view.
Payment can be made in the following ways:
Venmo: @Suzanne-Hawken
Zelle: [email protected]
Payment plans are arranged on an individual basis and supercede above fee schedule. Payment plans must be prearranged prior to 38 weeks according to EDD. Nonpayment of fees within the arranged payment timeline will authorize PHOTOGRAPHER to retain any/all photos from SHOOT for public/private view.
6. Terms of Service:
If the CLIENT gives birth outside of the “on-call period” (38+weeks) and the PHOTOGRAPHER or backup is unable to photograph the birth, the PHOTOGRAPHER will hold only the retainer fee.
If the PHOTOGRAPHER is unexpectedly unable to photograph the birth due to care provider objection which was previously granted, the PHOTOGRAPHER will retain full payment.
If the CLIENT cancels service for any reason during the on-call period (38+ weeks), the PHOTOGRAPHER will retain full payment.
If the CLIENT does not provide at least one (1) hour of advance notice of the birth, and PHOTOGRAPHER arrives at the birth location and produces photographs after the birth, the PHOTOGRAPHER will retain full payment.
If the CLIENT does not notify the PHOTOGRAPHER of the labor or birth, the PHOTOGRAPHER will retain full payment.
If the CLIENT does not give the PHOTOGRAPHER explicit instructions to come to the birth after communicating about the onset of labor, the PHOTOGRAPHER will retain full payment.
If the PHOTOGRAPHER experiences technical or equipment problems totally preventing photography, the PHOTOGRAPHER will refund all fees.
If the PHOTOGRAPHER is unable to photograph due to PHOTOGRAPHER’s issues (illness, transportation problems, overlap in PHOTOGRAPHER’s schedule) during the birth period (from 3 cm dilation to two hours after the birth), the PHOTOGRAPHER will refund all fees.
The PHOTOGRAPHER does not have a committed backup photographer at this time. The PHOTOGRAPHER attempts to arrange a backup photographer for each scheduled birth. Because birth photography is such a specialized niche requiring particular equipment and lifestyle, the PHOTOGRAPHER may be unable to find a backup for each CLIENT’s birth.
This CONTRACT is closed at one year (1 year) after the SHOOT.
7. Communication:
The PHOTOGRAPHER will be reachable by telephone 24/7 beginning 4:00 PM PST, June 22nd, 2023.
The CLIENT (or CLIENT-assigned person) is required to contact the PHOTOGRAPHER if labor begins prior to this period. The PHOTOGRAPHER will make all efforts to photograph the birth.
The PHOTOGRAPHER requires at least one (1) hour to get to the CLIENT’s location. The PHOTOGRAPHER will inform the CLIENT of her estimated travel time to the location.
The CLIENT (or CLIENT-assigned person) may ask the PHOTOGRAPHER to come at any time during the birth process but must reasonably provide adequate time for the PHOTOGRAPHER to travel and access the birth location.
The CLIENT (or CLIENT-assigned person) may appraise the PHOTOGRAPHER of developments, changes to the birth plan and/or location and possible signs of labor via text, email or phone.
The CLIENT (or CLIENT-assigned person) is required to contact the PHOTOGRAPHER via phone once labor is established. The CLIENT (or CLIENT-assigned person) must make a reasonable effort to make verbal contact with PHOTOGRAPHER.
The CLIENT (or CLIENT-assigned person) must explicitly summon the PHOTOGRAPHER to come to the birth and give explicit permission for PHOTOGRAPHER to enter birthing center and birth room.
The PHOTOGRAPHER will make one attempt each to contact CLIENT (or CLIENT-assigned person) if communication is not clear and ongoing.
The CLIENT must inform the care providers of the PHOTOGRAPHER’s planned presence, and provide PHOTOGRAPHER information on birth plan.
I certify that I have read and understand the terms put forth in this contract.
___________________________________
Jamere / Katie Crawford
_______________________
Date
The PHOTOGRAPHER agrees to enter an “on-call” arrangement of 24-7 availability beginning 4:00 pm PST on June 22nd, 2023 through 11:59 AM PST on June 26th, 2023.
The PHOTOGRAPHER will photograph the CLIENT’s selected aspects of labor, birth, and several hours immediately postpartum. This includes:
- Photos of Hospital
- Photos of Birth Room
- Candid photos of labor
- Candid photos of delivery (taken from the top down)
- Candid photos of first moments with the baby
- Posed photos of Jamere and Katie with the baby
But not including:
- Photos of crowning
- Photos explicitly of the placenta
The PHOTOGRAPHER makes no guarantees as to the ability to capture any particular image. The birth staff may require that no medical procedure or staff are photographed. The PHOTOGRAPHER will attempt to work within the care provider’s requirements to meet the requests of the CLIENT.
The PHOTOGRAPHER may not be allowed to photograph cesarean sections. The PHOTOGRAPHER will make all attempts to gain access to the operating room when desired by CLIENT. There is no reduction in fees for cesarean birth.
The PHOTOGRAPHER is not liable for any birth outcomes and will not act as a doula unless the PHOTOGRAPHER is hired as a doula.
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2. Work Product
The PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than 7 days after the date of the shoot, after full payment is received.
The PHOTOGRAPHER will supply at least one (1) low-resolution image file via e-mail within 24 hours of the birth for sharing/announcement purposes, after full payment is received.
The PHOTOGRAPHER will upload image proofs in a password protected, private online album at cloudspot.com for one year (1 year). The proofs can be hidden or organized to maintain privacy. The album can be shared and digital files and products can be ordered directly through the album.
All finished image files delivered to CLIENT are licensed for CLIENT’S personal use only. Image files included in the fee will be delivered to the CLIENT as follows:
- All photos taken in low-resolution, non-edited format (not best for printing purposes)
- At least 12 post-production (edited) photos for digital download and/or online purchase.
- All files will be in black & white and/or color, delivered in .JPG format via digital download and any desired physical prints for purchase through cloudspot.com
The PHOTOGRAPHER makes no guarantee of the quantity of images, due to variation in birth length and circumstance but will provide a minimum of 12 post-production photos.
The PHOTOGRAPHER uses specialized camera equipment that allows photography in low light conditions. Low-light photography is characterized by an amount of image noise, or grain. The amount of noise is dependent upon the amount and quality of light in the birth space. For highest-quality images, some light is required. This can be via ambient light or on camera flash. The PHOTOGRAPHER in the darkest conditions may briefly use flash for some photographs. The PHOTOGRAPHER may suggest changes to the lighting to facilitate photography, unless it is disruptive to the CLIENT or staff.
Editing style will be chosen by PHOTOGRAPHER unless specific requests are entered beforehand by CLIENT. Editing of five (5) additional images CLIENT likes (that were not edited by PHOTOGRAPHER) is included in the fee, including conversion to color or B&W, or edits to image content. Birth and in-home lighting without flash presents significant lighting challenges. Black and white (B&W) edits are chosen by the PHOTOGRAPHER for individual images to enhance detail and composition, and mask the drawbacks of uncontrolled lighting situations. As such, when B&W edits are provided by PHOTOGRAPHER, they are generally unable to be converted back to color. Color images are more easily converted to B&W. Each image is individually edited, and up to 30 separate processes are used to produce each finished image you receive.
-Each additional image edit beyond these five up to (5) images will incur a $50 per-file editing fee.
– Timeline for delivery of additionally edited images will be at the discretion of the PHOTOGRAPHER.
– Both the session fee and editing fees are due from the CLIENT before work commences on any image.
3. Privacy:
The PHOTOGRAPHER will maintain the CLIENT’s privacy.
The PHOTOGRAPHER may be asked to leave the birth space at any time; the PHOTOGRAPHER will remain available from approximately 3 cm dilation until two hours after the birth.
The PHOTOGRAPHER will edit and process images in a private office with securable computer equipment.
The PHOTOGRAPHER will not publicly or privately display CLIENT images that are not expressly authorized for private and/or public view.
The CLIENT may choose not to authorize any images for public and/or private view. However, PHOTOGRAPHER relies on a continuously evolving portfolio to show prospective customers examples of her work and greatly appreciates the authorization of a few modest images per birth.
The PHOTOGRAPHER will not maintain copies of RAW images on her computer system and will securely wipe all image files other than those authorized for public/private viewing sixty (60) days after image and additional product delivery is complete or after the model release form is returned.
4. Portfolio/Copyright:
The PHOTOGRAPHER will request the authorization of select images for public and/or private view. “Public view” images may be displayed on the PHOTOGRAPHER’s website, promotional materials, social media and submitted to books, magazines, and websites for publication and contests. “Private view” images may be included in printed album portfolios. This authorization cannot be revoked.
All other images are for the CLIENT’s personal use only; they are not to be sold or displayed for advertising or business purposes without obtaining an individual copyright release for each image from the PHOTOGRAPHER. Failure to obtain the release is punishable by U.S. copyright law.
5. Fees:
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of $500.
CLIENT agrees to pay the PHOTOGRAPHER a retainer fee of $250 payable upon signing of this contract.
The balance of the payment for photography services must be paid in full no later than seven (7) days before the SHOOT detailed in Section 1: Scope of Work.
Photos will not be delivered to CLIENT until the balance is paid in full. If the balance is not paid prior to the birth, the CLIENT authorizes the PHOTOGRAPHER to retain any photos from the SHOOT for public/private view.
Payment can be made in the following ways:
Venmo: @Suzanne-Hawken
Zelle: [email protected]
Payment plans are arranged on an individual basis and supercede above fee schedule. Payment plans must be prearranged prior to 38 weeks according to EDD. Nonpayment of fees within the arranged payment timeline will authorize PHOTOGRAPHER to retain any/all photos from SHOOT for public/private view.
6. Terms of Service:
If the CLIENT gives birth outside of the “on-call period” (38+weeks) and the PHOTOGRAPHER or backup is unable to photograph the birth, the PHOTOGRAPHER will hold only the retainer fee.
If the PHOTOGRAPHER is unexpectedly unable to photograph the birth due to care provider objection which was previously granted, the PHOTOGRAPHER will retain full payment.
If the CLIENT cancels service for any reason during the on-call period (38+ weeks), the PHOTOGRAPHER will retain full payment.
If the CLIENT does not provide at least one (1) hour of advance notice of the birth, and PHOTOGRAPHER arrives at the birth location and produces photographs after the birth, the PHOTOGRAPHER will retain full payment.
If the CLIENT does not notify the PHOTOGRAPHER of the labor or birth, the PHOTOGRAPHER will retain full payment.
If the CLIENT does not give the PHOTOGRAPHER explicit instructions to come to the birth after communicating about the onset of labor, the PHOTOGRAPHER will retain full payment.
If the PHOTOGRAPHER experiences technical or equipment problems totally preventing photography, the PHOTOGRAPHER will refund all fees.
If the PHOTOGRAPHER is unable to photograph due to PHOTOGRAPHER’s issues (illness, transportation problems, overlap in PHOTOGRAPHER’s schedule) during the birth period (from 3 cm dilation to two hours after the birth), the PHOTOGRAPHER will refund all fees.
The PHOTOGRAPHER does not have a committed backup photographer at this time. The PHOTOGRAPHER attempts to arrange a backup photographer for each scheduled birth. Because birth photography is such a specialized niche requiring particular equipment and lifestyle, the PHOTOGRAPHER may be unable to find a backup for each CLIENT’s birth.
This CONTRACT is closed at one year (1 year) after the SHOOT.
7. Communication:
The PHOTOGRAPHER will be reachable by telephone 24/7 beginning 4:00 PM PST, June 22nd, 2023.
The CLIENT (or CLIENT-assigned person) is required to contact the PHOTOGRAPHER if labor begins prior to this period. The PHOTOGRAPHER will make all efforts to photograph the birth.
The PHOTOGRAPHER requires at least one (1) hour to get to the CLIENT’s location. The PHOTOGRAPHER will inform the CLIENT of her estimated travel time to the location.
The CLIENT (or CLIENT-assigned person) may ask the PHOTOGRAPHER to come at any time during the birth process but must reasonably provide adequate time for the PHOTOGRAPHER to travel and access the birth location.
The CLIENT (or CLIENT-assigned person) may appraise the PHOTOGRAPHER of developments, changes to the birth plan and/or location and possible signs of labor via text, email or phone.
The CLIENT (or CLIENT-assigned person) is required to contact the PHOTOGRAPHER via phone once labor is established. The CLIENT (or CLIENT-assigned person) must make a reasonable effort to make verbal contact with PHOTOGRAPHER.
The CLIENT (or CLIENT-assigned person) must explicitly summon the PHOTOGRAPHER to come to the birth and give explicit permission for PHOTOGRAPHER to enter birthing center and birth room.
The PHOTOGRAPHER will make one attempt each to contact CLIENT (or CLIENT-assigned person) if communication is not clear and ongoing.
The CLIENT must inform the care providers of the PHOTOGRAPHER’s planned presence, and provide PHOTOGRAPHER information on birth plan.
I certify that I have read and understand the terms put forth in this contract.
___________________________________
Jamere / Katie Crawford
_______________________
Date