The Sophia Co

2018 Aloha Baby Session Contract

ALOHA BABY SESSION

PHOTOGRAPHY AGREEMENT FORM

CLIENT INFORMATION
Your Name *
Your Name
Your Partner's Name *
Your Partner's Name
Phone Number *
Phone Number
Partner's/Alternate Phone Number *
Partner's/Alternate Phone Number
Your Mailing Address *
Your Mailing Address
BIRTH INFORMATION
Estimated Due Date *
Estimated Due Date
What type of pregnancy is this? *
Is this your first pregnancy? *
Do you know the baby's sex? *
(Hospital Name or Home Birth Address)
PHOTO PACKAGE INFORMATION
Please select your Package and Add-Ons: *
(Please check one)
AGREEMENT FORM
1. PURPOSE // This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by both parties. *
2. RESERVATION DEPOSIT // Upon the Client’s signature and payment confirmation for the Reservation Deposit, the Photographer will reserve the time around the Client’s EDD (2 weeks before, 2 weeks after) as the on-call period. The Reservation Deposit is non-refundable, even if the services are cancelled for any reason. The Reservation Deposit is to be paid at the time of signing the contract. The Reservation Deposit is applied towards the contracted Photography Package. *
3. PAYMENTS // The Client understands and agrees that the entire amount owed for the Aloha Baby Session and any Upgrades or Additions described in this contract is due on the 37th week of gestation so that the Photographer can go on-call on the 38th week of gestation. (Please indicate those weeks in the field below) *
*Week 37 (final payment due) *
*Week 37 (final payment due)
*Week 38 (on-call starts) *
*Week 38 (on-call starts)
4. ALERTING THE PHOTOGRAPHER/ PHOTOGRAPHY TIME LIMIT // The Aloha Baby Session must take place within 48 hours of birth in the hospital or at home, and during daylight hours. The Client understands that the photographger must be alerted when labor starts and once baby is born so that a time can be arranged. The Photographer will stay for 2 hours. Should additional photography time that is not included in the agreed package be requested by the Client, it will be charged out the current rate of $50 per hour. *
5. CANCELLATION // If the Client wants to cancel any agreements after full payment has been made and no photography services have been provided but the photographer has performed on call time, the photographer will keep the reservation fee as previously stated and refund as follows: $200 will be refunded for any cancellations made at 38 weeks; $100 will be refunded for any cancellations made at 39 weeks; $0 will be refunded for any cancellations made at 40+ weeks. All Photography Sessions, Upgrades and/or Additions specified in this contract will be cancelled with no liability to the Photographer. *Weeks are readjusted for high risk mothers who might deliver earlier and request earlier start of the on-call period. *
6. COPYRIGHT LAWS & SHARING IMAGES WITH YOUR BIRTH WORKERS // The photographs, digital prints or paper prints, and motion film produced by the Photographer are protected by International Copyright Law (all rights reserved) and the Photographer retains the copyright to all photos and images produced. The Client may print any photos given in the final USB drive/digital download for personal purposes only. Publishing, using for self- promotion and marketing, or selling the photographs for profit is not allowed. Sharing the photographs with your birth team for their own use is not allowed, unless the photographer gives her permission. Editing, altering, removing watermarks, applying Instagram filters, and cropping the final photographs is not allowed and breaches copyright laws. Cropping is only allowed when printing in a different size. The Client understands and agrees that the Photographer reserves the right to use and/or publish the photographs obtained at the Photography Session for (but not limited to) the Photographer’s portfolio, samples, self- promotions, website, or for display. *
7. STORYBOOK ALBUM // Storybook Albums are 8x8 inches, can contain up to 30 spreads (60 pages), and are printed on quality Matte Paper. Covers are made from a variety of handmade recycled silks. bamboo, linen, cotton and wool. Printed products are final and cannot be replaced. A digital proof of the products will be shown to the Client before it is sent off for printing. *
8. VIDEO FOOTAGE & MOTION FILM // Should videography services be contracted, the Photographer will film what she is able and incorporate the footage into the contracted motion film. Motion films will last 2-3 minutes at the Photographer’s discretion. *
9. DELIVERY FORMAT OF MOTION FILM & USE OF LICENSED MUSIC // Motion Films are delivered via the Photographer's Vimeo account where the Client can create a free account, download the film and save a copy on their personal computer/hard drive. There are no hard copies/DVD of the film delivered at this time. Music used in Motion Films have to be properly licensed by the Photographer according to Copyright Laws. The Client understands that most popular/well known music are most likely not available to be licensed for commercial use. *
10. COMPLETION SCHEDULE // Digital processing for birth photography/videography takes up to eight (8) weeks from the day of your birth. Paper prints/ albums/ enlargements take two (2) weeks, from the order date, to arrive at the Photographer’s address. A digital proof of the birth photographs will be made available to the Client in the form of an Online Viewing Gallery, assuming the Outstanding Balance has been paid, in the timing mentioned above. A sneak peek is made available within 48 hours of the birth via email or text message and also via The Sophia Co’s Facebook page, unless the client declines. The Client is welcome to share the image, tag themselves and make the image their profile or cover image. The same sneak peek will also be posted on our Instagram account. If applicable, upon completion of the digital processing, and proofing and printing of any products; all images in high resolution and web-sized will be mailed in a USB drive, along with the album, to the Client’s address specified in this contract. A digital gallery of the images will be made available in the same time frame for clients who are not upgrading with printed products where images can be downlaoded from. *
11. LIMIT OF LIABILITY // If the Photographer cannot perform the terms of this Contract due to an illness, other emergencies, or other causes beyond the control of the parties; responsibility and liability is limited to the return of all payments received as specified in this Contract. This limitation on liability shall also apply in the event that photographic/video materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. *
12. PRICE LIST // The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders will be charged at the prices in effect at the time when the order is placed. *
13 . ON-CALL PERIOD // On-call period is specified as starting at week 38 (as indicated by item 3 above) and lasting for up to 4 weeks form the specified date. The Photographer will be available 24/7 for the duration of that period and will not travel off island in that period (unless it's a previously arranged travel and if the Client still agreed to hire The Sophia Co). Should the birth happen before or after the on-call period, the Photographer will do her best to attend the birth, with no guarantees. *
14. HIGH RISK PREGNANCIES // Should the Client experience a high risk pregnancy and might deliver early, the on-call start day will be pushed back as necessary, according to what your medical provider has estimated.
*High Risk Pregnacy On-Call Start Date
*High Risk Pregnacy On-Call Start Date
(only applicable for High Risk pregnancies)
15. DISCLAIMER // The photographer is not medically trained and it is not her job to give medical assistance or provide medical opinion. In the event of an emergency, the photographer will continue photographing, unless specified by the client or medical staff. *
MODEL RELEASE
By completing the model release portion you are giving me permission to share images and clips on my social media and website, as well as entering images into competitions. When sharing birth stories, i always ask your permission first, even with a model release signed.
Please type the names of all known people participating in the birth that will be photographed (you, your partner, doula, mother, etc)
PERMISSION // I hereby grant THE SOPHIA CO the absolute right and permission to copyright and use, re-use, and publish, photographic portraits or pictures of me or in which I may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at their studios or elsewhere, and in any and all media now or hereafter known, for art, advertising, trade or any other legal purpose. I also consent to the use of any printed matter in conjunction therewith. I hereby waive any right that I may have to inspect or approve the finished product or products or the advertising copy or printed matter that may be used in connection therewith or the use to which it may be applied. I hereby release, discharge and agree to hold harmless THE SOPHIA CO from any and all liability that has or may occur or be produced in the taking of said pictures or any subsequent process thereof, as well as any publication thereof. I acknowledge that I am at least 18 years old, and have the right and ability to consent to the terms herein, and further, that I have am authorized and able to sign on behalf of all persons listed above as Model(s). I have read, understood, and agree to the terms of this Release. *