The Sophia Co

Hannah 2018 Birth Story Contract

BIRTH STORY

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? *
What is your current birth plan? *
Are you planning on using any birthing techniques? *
(Hospital Name or Home Birth Address)
Please list names of doctor/midwife/doula and anyone else attending the birth.
Have you talked to your provider about having a Birth Photographer? *
(I highly recommend having a conversation with your provider and making sure they understand you are hiring a professional to document your birth)
PHOTO PACKAGE INFORMATION
Please select your photo package: *
Are you adding upgrades to your Birth Story Fee? *
(Please check all that apply. Fees listed below are added to your Birth Story Fee.)
Are you adding a Mini Maternity Session? *
*Only valid when upgrading with Bundles 01, 02 or 03. This a great way to get to know your photographer! (30 minutes session + 15 digital images + secret North Shore location)
These are considered "graphic" shots by some. Please check what you wish to be captured: *
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 Birth Package 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. However, it is agreed between the Client and The Sophia Co that payment installments will be made in order for the full payment to be completed. The Client understands that The Sophia Co will hold onto to any photographs and/or video until all payment is completed. Please indicate an estimate for when the final payment will be completed: *
*Estimate of Final Payment Completion *
*Estimate of Final Payment Completion
*Week 38 (on-call starts) *
*Week 38 (on-call starts)
4. BIRTH STORY FEE // The Client understands that the Birth Story Fee covers the Photographer's On-Call Time, the Photographer's time documenting the Birth Story and the delivery of 20 images which are exclusively selected and edited by the Photographer and at the Photographer's discretion. There will be no exceptions. In order to have access to the full gallery of images, the Client must purchase the Upgrade "Entire Digital Collection" at the price listed in the PHOTO PACKAGE INFORMATION portion of this contract. *
5. ALERTING THE PHOTOGRAPHER // The Client understands and agrees that they have the responsibility of alerting the photographer when labor commences. Should the client not alert the photographer in time and the photographer misses the birth, no refund shall be given. Good communication is essential so that the photographer can aim to arrive when active labor starts and stay until the birth occurs. *
6. PHOTOGRAPHY TIME LIMIT // Once the Photographer is at the place of birth she will stay until baby is born without a time limit during the laboring stage. Once the baby is born the Photographer will stay up to 2 hours after the birth occurs. Should additional photography time that is not included in the agreed package be requested by the Client (to meet siblings or to meet grandparents), it will be charged out the current rate of $50 per hour. *
7. MISSED BIRTH // Should the Photographer miss the actual birth time because of a speedy delivery, she will capture images (and video if applicable) from the moment she arrives onwards. Shooting time may be made up, if necessary, with a complimentary Aloha Baby Session within 48 hours of birth. *
8. HOSPITAL POLICY // The photographer will shoot what she is able to and as the circumstances allow. The Photographer cannot be held liable for not acquiring shots due to hospital policy, emergencies or other circumstances such as (but not limited to) medical staff blocking the shot; denied access into delivery rooms, operating rooms or nursery rooms/NICU; or speedy deliveries. It is the Client's responsibility to make sure the hospital allows a birth photographer/videographer as well as making sure to notify Labor and Delivery staff that your birth photographer will be attending. *
9. BACK UP PHOTOGRAPHER // The Client understands that the Photographer has a network of backup photographers that will be activated should the Photographer be incapacitated to be present at the time of birth due to illness, unexpected emergencies or conflict of clients birthing at the same time. The Back Up Photographer will fill in to document the Birth Story as needed and then will hand the files over to The Sophia Co to post process and to handle the delivery of the finished Birth Story. *
10. 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. *
11. 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. *
12. BIRTH 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. *
13. VIDEO FOOTAGE & BIRTH FILM // Should videography services be contracted, the Photographer will film what she is able and incorporate the footage into the contracted birth film. Birth films will last 3-5 minutes at the Photographer’s discretion. *
14. DELIVERY FORMAT OF BIRTH FILM & USE OF LICENSED MUSIC // Birth 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 Birth 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. *
15. 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. *
16. 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. *
17. 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. *
18 . 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. *
19. 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)
20. BIRTH REGISTRY // If the Client signs up for the Birth Registry option, friends and family will contribute with payments via a personal registry listing. The registry is updated within 24hrs of a new payment. Contributions are not redeemable for cash but can be applied to additional services and future sessions with The Sophia Co. The Client is responsible for covering any costs not fully covered by contributions.
21. 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. *