Birth Contract

ENTIRE AGREEMENT: This agreement has been freely negotiated and contains the entire understanding between Kortney Brook Photography and the 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, which does not mean that any other provision is also waived. Likewise, if any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

RESERVATION: This signed agreement and $200 deposit are required to reserve the weeks surrounding your due date. A $200 deposit is due at booking and all remaining fees are due within 30 days of EDD. If the Clients do not pay for the full price of the birth package by the agreed upon time frame, the Photographer has the right to withhold services and images. The Clients understand that they can only receive photos/albums if the Clients have paid all fees. This means that if the Photographer has photographed the Client's birth, the Photographer has the rights to withhold the photos until full payment for the fees agreed in this contract are rendered.

CANCELLATION: No refund is given for services canceled within 60 days of the CLIENT’S due date. Services canceled prior to 60 days receive a refund of 75%.

PRE-BIRTH CONSULTATION: Both parties agree to a pre-birth consultation during the third trimester in order to discuss the birth plan and CLIENT’S request list for specific photographs and preferences.

EXCLUSIVITY: Kortney Brook Photography shall be the only hired photographer for this event. Family members and friends are permitted to take photos. Kortney Brook Photography is not to be held responsible for images missed due to family or friend interference.

CREATIVE CONTROL: Coverage begins at active labor and continues up to one hour after the birth. The photographer is on call 24 hours a day during the 2 weeks surrounding CLIENT’S EDD (estimated due date). The CLIENT is responsible for contacting Kortney Brook Photography during early stages of labor, immediately before leaving for the hospital (if applicable), upon appointments or when any changes take place and again when the doctor or midwife confirms active labor. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to CLIENT.

HOSPITAL GUIDELINES (if applicable): The photographer is limited by the guidelines of the hospital policies. CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the staff for moderation of guidelines is CLIENT’S responsibility.

LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill to attend/photograph the birth, Kortney Brook Photography will make every effort to assist the CLIENT in finding a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the birth photography package. Kortney Brook 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 Kortney Brook Photography’s control, Kortney Brook Photography’s liability is limited to the return of all payments received for the birth photography package.

COPYRIGHTS: The photographs produced by Kortney Brook Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Kortney Brook Photography’s explicitly written permission. Upon purchase of the digital files by the client, limited copyright ownership of the resulting images will be transferred to the client under the following conditions: The digital negatives or prints are the property of the CLIENT for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives and not to be used by the client for profit.

DIGITAL FILES: Upon receipt of the final digital album, the CLIENT accepts all responsibility for archiving and protecting the photographs. Kortney Brook Photography does not permanently archive image files. Kortney Brook Photography is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is CLIENT’S responsibility to make sure that digital files are copied to new media as required.

MODEL RELEASE: The CLIENT hereby grants to Kortney Brook Photography and its legal representatives and assigns the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases Kortney Brook Photography and its legal representatives and assigns from all claims and liability relating to said photographs.

COMPLETION SCHEDULE: Digital processing may take up to six weeks to complete. Please note that print and product prices are subject to change without any prior notice.

UNFORESEEN CIRCUMSTANCES: Please have your own camera and video equipment packed for your birth just in case. Some births happen very, very fast and although the photographer does everything she can to ensure she will depart for the birth within 30 minutes from the initial phone call confirming labor, traffic happens. If photographer misses the actual labor and birth, once photographer arrives she will document a Fresh 48 session in exchange. Responsibility and liability is limited to the return of all payments received for birth photography (only) package up to and with the exception of Fresh 48 fees and travel fees (if applicable).

Disclosure

OFFER VALIDITY: This contract constitutes an offer of services to the Clients and is only valid for 10 days from the the date sent. The Photographer cannot guarantee your date to be available until this contract has been signed and a deposit has been made.

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