Thanks so much for allowing me to capture your birth story! I’m so excited that you’ll have these memories to look back on, your strength, the love in the room, the tiny details as you meet your little one for the first time. All the things that fade so easily with hormones and time, you’ll have them frozen in time as photos.
I know contracts are boring, so I’ve kept it as concise as possible, but it’s really important to read through everything to make sure we’re on the same page.
TERMS OF AGREEMENT
From hereon “photographer” refers to Chapter and Song Photographer and “client” refers to the signers of this contract.
This agreement contains the entire understanding between Chapter and Song Photography and the above listed client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
COOPERATION
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Chapter and Song Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Chapter and Song Photography.
BOOKING AND PAYMENT
Bookings are only confirmed once this contract has been signed and the deposit paid (or payment plan approved). Full payment is due prior to 38 weeks, or in the case of payment plan the payment schedule must be in place prior to 38 weeks. If full payment is not received by 38 weeks a late fee of $50 per week may apply. Also no photos will be released to the client until full payment has been received.
CANELLATION & REFUNDS
In the event the photographer is unable to attend your birth due to illness or a serious emergency a backup photographer will be sent in their place. The backup photographer will be of similar calibre and the photos will still be edited by Chapter and Song Photography.
In the unlikely event illness or emergency stops the backup photographer from attending the birth, payments will be applied to a Fresh 48 or Newborn Session, with any remaining amounts refunded.
If the photographer cannot provide coverage as a result of client's actions or due to circumstances beyond anyone's control, fees paid will be applied toward a Fresh 48 and Newborn Session, but no refunds will be given. Examples of this include, but are not limited to: failure to provide adequate notice of the baby's birth; an unexpected transport for a c-section; a dramatic change in the birth plan. In instances like this, beyond our control, no refunds will be given.
The one exception to this is COVID related restrictions. In the case that COVID restrictions change and we are no longer allowed to attend the birth, payments will be applied towards a Fresh 48 or Newborn Session with the remaining payments refunded to the client.
In the event of pregnancy loss the photographer will work with the client on a case-by-case basis.
In the event of mistreatment towards the photographer by the client or any others in attendance of the birth the photographer retains the right to leave the birth at any stage and deliver only the work they were able to capture. No refunds will be given in this case. Mistreatment involved verbal abuse, physical abuse, harassment or continued rudeness. This is at the discretion of the photographer.
EXCLUSIVITY
The client agrees that the photographer is the only photographer hired to capture the birth. In the event that another professional photographer is present at the birth the photographer retains the right to leave at any stage. No refunds are given in this case.
LIMIT OF LIABILITY
In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents her from photographing the agreed upon session, responsibility and liability is limited to the transfer of payments made to the session types of Fresh 48 or Newborn Session rather than birth, and a partial refund to account for the difference. Due to the nature and timing of birth being unpredictable, Chapter and Song Photography cannot be held accountable or liable for a missed birth. Chapter and Song Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Chapter and Song Photography's control Chapter and Song Photography's liability is limited to the return of all payments received for the birth package. Or in the case of a partial loss of images, a partial refund will be provided to account for the loss.
The Photographer cannot be held responsible for any accidental injury incurred before, during or after the session.
COPYRIGHT
Chapter and Song Photographer owns the copyright to all images taken during your session. However as the client you have the right to print and share the images from this session for personal use. Any commercial use (such as publishing in blogs or magazines) will need to obtain prior written permission.
The client agrees to sign a model release where they can select what level of release they're happy to provide.
COVERAGE
Coverage begins at active labor and continues until 1-2 hours after birth. Active labour can be hard to pick when you’re in it, so it’s best to check with your care providers and pass their assessments on to me. The photographer will be on-call 24 hours a day from 38 weeks until 42 weeks gestation. The client is responsible for contacting the photographer during labor. Fees are not refundable if the client fails to notify the photographer when the client is in labor. It may take up to 2 hours for the photographer to join you, so please provide enough notice.
If the client goes into labour prior to 38 weeks or after 42 weeks they should still contact the photographer as they will make every effort to still attend.
If the care providers schedule an induction or caesarean at any stage in the pregnancy the client should let the photographer know ASAP so they can ensure to make any arrangements needed to be available for that date.
HOSPITAL GUIDELINES
Chapter and Song Photography is limited by the guidelines of the hospital policies. Client agrees to accept the technical results of their imposition on the photographer. Chapter and Song Photography agrees to work with the medical staff to photograph the birth entirely. In case of a c-section, it is up to the doctors and hospital staff to allow the photographer into the operating room. If the photographer is not allowed into the operating room, he/she will photograph as much as possible before and after the birth. No refund, full or partial, is given due to a c-section or hospital transfer. Chapter and Song Photography does not assume any medical responsibility and is not a medical professional.
WHAT YOU NEED TO DO
Apart from the payment and booking terms mentioned above you agree to let your care staff know that the photographer will be attending the birth. And you agree to call the photographer when you think you’re in labour and keep them updated on how you’re progressing. (Even if it’s 3am, I’d prefer to be woken for a false alarm than miss your birth! I will save both yours and your partners mobiles in my phone, and make sure my phone is on at all times from 38 weeks.)
ARTISTIC LICENSE
Every reasonable effort will be made to photograph requested images, but no specific image can be promised. Images determined by the photographer to be substandard or duplicated may be edited out. Chapter and Song Photography will use their professional judgment and sole discretion to select which photos to deliver.
We try to be unobtrusive and document the birth as best as we can with the available lighting. Flash may be used if you indicate that preference during your meet up with your photographer, otherwise low light situations cause images to be more raw - perhaps with a bit of film grain or motion blur, this is normal. In this case most images will be delivered in black and white, though any images delivered- colour or black and white- will be at the artistic discretion of the photographer.
FILM MUSIC
If you have selected to add a Keepsake Birth Film to your package please keep in mind that the background music is at the discretion of the photographer and that mainstream songs are almost certainly unavailable due to the cost of licensing. Instead royalty free music will be provided by the photographer and a license for said music will be obtained by Chapter and Song Photography.
As with photography, copyright is held by Chapter and Song Photography who will also hold the music license, so any sharing for commercial use or tv broadcasting must have the prior written permission of Chapter and Song Photography.
SUMMARY
By completing this contract, you are confirming that your place of delivery will allow birth photography. You agree to inform Chapter and Song Photography of any guidelines or procedures that must be followed. Failure to do so may result in loss of deposit. Chapter and Song Photography is hereby not responsible for any situation in which this contract is not fulfilled due to unknown hospital policies. Please also know that we will be limited by the guidelines (if there are any) of the facility and/or the delivering doctor/midwife, some of which arise during delivery. Negotiation for moderation of the guidelines is your responsibility. If you are planning a birth at home, please check with your midwife AND your back up hospital in case of a transfer.
