Birth Photography Contract Sample
Birth Story coverage includes:
In person consultation - let's get to know one another!
On-call time from 37 weeks until birth of baby
Photography during active labor until 2 hours postpartum
Editing of images, as chosen by photographer – black and white and/or color (each photo will be edited as best befits that particular image, conversions may be availible upon request).
Several edited photos within 24-48 hours for announcing and sharing
All hand edited digital files delivered via personal online gallery within 2 weeks
1. This agreement is between photographer Wandering Oaks Photography and client
Upon signing this contract, a retainer is due to the photographer. This retainer is non-refundable due to the photographer’s inability to take on additional clients during client’s birth month. Upon receiving payment, photographer will reserve client’s birth on her calendar.
The remaining balance is due at 36 weeks. If remaining balance is not paid by 36 weeks, the photographer’s obligation to attend the birth is nullified until payment is received. If you have booked in your last trimester full payment is due at time of booking.
Client Initial Here
2. Due to the unpredictable nature of birth, photographer works with back-up birth 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 their choice of a Fresh 48 or Lifestyle Newborn session. If this is not possible for any reason a refund of payment made may be issued, minus retainer.
3. Client is responsible to keep in contact with photographer in the weeks leading up to client’s birth. Keep photographer updated with appointments and if there are any significant changes in the birth plan.
In early labor: notify photographer via call or text, so that she can prepare her family. If photographer doesn’t respond to text, please call.
In active labor: notify photographer once active labor has been established. Photographer needs 1-2 hours from active labor notification to arrive at client’s birth.
4. 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 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 roughly the same amount of images at every birth, long or short.
Client Initial Here
5. Photographer is not liable for any dissatisfaction with the final product as long as it represents photographer’s style and work in her portfolio. Client is responsible for viewing photographer’s website and portfolio. Upon signing this contract, client agrees that photographer’s style and quality of photographs is acceptable. Photographer cannot guarantee print quality unless images are printed through photographer’s professional lab. Photographer is not liable for outside lab dissatisfaction.
6. The photographer 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. Photos and prints are for personal use only. Photographer obtains the irrevocable right to utilize photos from your birth session for advertising or commercial purposes. This includes the posting of certain images on advertising materials that include photographer’s website, Facebook page, social media, and printed media in accordance to model release.
7. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photography session and the immediately surrounding events. The birth photographer is not responsible for any missed shots due to medical staff. It is the client’s responsibility to ensure place of birth (hospital, birth center or homebirth midwife) is aware of the birth photographer and doesn’t have guidelines against birth photography. 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 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 hospital staff.
8. Photographer is hired as sole photographer. Client’s family and friends can also take photos, but photographer is not responsible for missed shots due to interference.
9. Photographer holds all artistic rights to images she captures 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. Online gallery will be available for 6 months - if orders/downloads have not been completed by this time a re-upload fee may be incurred.
10. If photographer is unable to perform this contract due to sickness, emergency, technical malfunction of photography equipment or any causes beyond photographer’s control, the photographer’s liability is limited to the price paid for the birth session.
11. Due to constantly changing restrictions due to COVID-19, photographer and client have agreed upon a replacement session (as provided below) in the event hospitals, birth centers, or homebirths are not allowing extra visitors or a state, local, or federal governmental agency restricts such access. Additionally in the event that either the photographer, or the birthing family, is displaying symptoms of COVID-19 and/or has knowingly been exposed to a person testing positive for COVID-19 within the previous 14 days, a replacement session should occur for the safety and well-being of all parties.
•
Replacement sessions could include a combination of laboring at home, coming-home session, intimate postpartum session, lifestyle newborn session, day-in-the-life session, milestone session
•
Based on the package chosen, the following replacement session has been agreed upon in the event of visitor restrictions or sickness:
12. Client and photographer agree to be transparent and vigilant in monitoring their own health and exposure to COVID-19. Due to the fact that transmission CAN occur asymptomatically, client cannot hold photographer responsible for unintended exposure nor can photographer hold client responsible for unintended exposure. Photographer agrees they will not attend a birth if they have a fever over 100 degrees F and/or have had known exposure to a person testing positive for the virus within the previous 14 days. In the event photographer develops symptoms during birth, they will leave immediately and will contact a back-up photographer. Due to the nature of the virus, they will not wait for back-up photographer to arrive. Replacement session may be necessary depending on the gap of coverage and/or back-ups availability. In the event photographer or client contracts COVID-19 within 2 weeks following birth, they agree to notify each party of their positive test.
Client understands that Client is purchasing services with a known risk of being exposed to COVID-19. Except as otherwise provided in this Agreement, Client on her own behalf and on behalf of her born or unborn child, waives any and all liability against photographer except for intentional or grossly negligent misconduct.
Sample Model Release
Birth Photographer: Wandering Oaks Photography
Model:
Model Email Address:
Baby:
I hereby assign full copyright of these photographs to the above-mentioned photographer Wandering Oaks Photography with the right of reproduction and distribution.
I grant the photographer the right to take, use, and publish photographs, which contain client’s image according to the following specifications:
Please select one of the below by typing "X"
___Any images in the client’s gallery
___Majority of images, excluding images with nudity below the waistline (to include crowning images)
___Majority of images, excluding images with nudity below and above the waistline
I grant the photographer Wandering Oaks Photography the right to use and publish video and/or photographs that meet the above criteria on: please initial on each
___Website
___Blog
___ Social Media (including Facebook and Instagram)
___ Print advertising
___ Promotional material
I will not hold the photographer liable for the use of any of the above mentioned photographs. I release the photographer from all claims and liability relating to video or photographs taken of me.
I have read this model release form carefully and fully understand its meanings and implications.
Client agrees that the photographs created by Wandering Oaks Photography are the exclusive property of the photographer, and the client will retain no commercial rights to the images.
Client agrees that he/she is the parent or legal guardian of the minor child and has full rights and authority to grant consent.