Birth Photography Contract
The content of the photographs can range from modest to graphic and can include labouring at home and/or in the hospital, birth, first moments, newborn exam, first feeding, and introduction to siblings/other family members, to list a few.
Modest photos focus on facial expressions, surroundings, and the newborn; no exposed breasts/genitalia.Graphic photos may contain nudity, crowning, the placenta, and breast feeding. Discussion will be had prenatally to agree upon the planned content of the images. Because birth is such a private and intimate event, I take extreme care in protecting your family’s privacy. The family is free to ask me to leave the birth area at any time; I will remain immediately available to return until the birth is complete. Due to the unpredictability of birth, I cannot guarantee any particular images but will endeavour to capture as much as possible, while at the same time working within the constraints of the birthing area. Constraints may include caregivers or other personnel in the room; their physical presence (positioning in the room) or requests such as it relates to my positioning in the space or capturing or not capturing certain elements of the birth. The number of images provided will vary and depends upon (including but not limited to) the amount of time I spend with the birthing family any aforementioned constraints. The family and I are the only people who will see the images that are not chosen for public display.
Digital images will be provided in the form of an online gallery. It is the client’s responsibility to download these images and store them securely. Upon delivery of the images, I will endeavour to store your images for 1 year, but I strongly encourage you to save and back up your images upon receipt. I will not be responsible for providing replacement images should you fail to store your images securely.
Birth is an amazing and unpredictable process. Sometimes unforeseen situations arise such as pre-term birth, surgical birth, and maternal or newborn health concerns. In these cases, I will attempt to obtain photos wherever hospital policy and/or family allows. In the case of c-section or other procedures that may take place in the operating theatre, if permitted (at family’s request and the Anesthetist’s approval) I can accompany the family into the O.R., or allow the birth partner to bring my camera into the operating room in order to take photos if your family decides this is the best option.
Your photos will be available as soon as possible, but please allow 4 to 6 weeks for delivery.
As photographer, I reserve the right to use these session images for display, publication, marketing, or other purposes if the family agrees to allow me to share their images. I will honour any requests by the family for using, or not using certain pictures for displays. This is a copyright agreement that allows you to reprint any images for personal use. You may not sell these images or use them for any commercial purposes. Any images used by the client on social media must have a watermark embedded onto the image. I will provide a model release form to be signed should the family agree to having me share these images. Ownership and full copyright of the images remains with the photographer even after delivery to the client.
Fees, Deposits, Payments and Refunds:
The fee for birth photography only (no doula services) is $1000. A 50% retainer fee of $500 will be due at signing in order for me to hold your spot in my calendar, with the remaining 50% due by 37 weeks. My fee for doula services and birth photography is $1400, in which case the retainer fee required at signing is $700. Cheques, E-mail transfers and cash are my accepted methods of payment. If paying via email transfer, I will send a friendly reminder prior to 37 weeks to ensure that payment is complete by that point.
- If I or my backup are unable to attend the birth due to an error on our part, the services portion of the fee will be refunded. The retainer is non-refundable, as it covers payment for services rendered to that point, including but not limited to prenatal visits and support.
- Refunds will not be given for precipitous labour which does not allow time for me to reach you for the birth. As it may take 1-2 hours for me to reach you, it is your responsibility to let me know as soon as possible when you feel that you require my presence.
- Refunds will not be given in the event of a planned or emergent C-section.
- Refunds will not be given if I am unable to attend your birth and you decline the services of my back-up
- Occasionally a pre or post-term birth may cause overlap of clients on my calendar. This situation falls under those which are out of my control, and I will serve the client who has contacted me for immediate labour support first. I will make every attempt to provide a back-up doula in my place.
- If I am unable to attend because of an error on your part, or because you choose not to call me, no refund will be granted.
- In the cases stated above where ‘no refund will be granted’, this is to mitigate loss of income that would occur in these events. The time I block off for your birth in my calendar will prevent me from booking other clients at that same time.
Model Release/Reproduction and Use:
In consideration of my engagement as a model, I authorize Jodi Kaldestad (the ‘Photographer’) to use digital photographs of me (the ‘Materials’) in accordance with the following terms:
Jodi Kaldestad has the unrestricted right and permission to copyright and use, re-use, publish and republish the Materials in all forms of media. Even though the Client will receive an online gallery of the images,unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints shall remain the property of the photographer and may be used for advertising, display, portfolio or any other purpose thought proper by the photographer. In addition, the Client may reproduce prints from the gallery at any time for his/her own personal use. Client(s) may not profit in any way from the photographer’s work.
Social Media/Online sharing:
If agreed upon the photographer will include a selection of images for online sharing that have been optimized for web use and watermarked with photographer’s logo. Any and all photos shared online must remain in original format including photographer’s watermark and cannot be cropped, edited or altered in any way without prior authorization from photographer.
If the photographer cannot perform this Contract in whole or in part due to a cause beyond the control of the photographer or due to photographer’s illness or injury, and a suitable back up is unable to fill in, then the photographer will return all fees to the Client(s) (minus the non-refundable retainer and any costs already accrued) but shall have no further liability with respect to this Contract. This limitation on liability shall also apply in the event that photographic 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. Client(s) agree that an entire photographic session cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits the photographer’s liability to the amount paid under this Contract.
Upon signing this Contract, the photographer will reserve the date agreed upon, or in the case of birth photography, will block off a portion of time in the calendar month of the expectant mother’s due date. For this reason, all deposits are non-refundable even if the date is changed or if the session is cancelled for any reason. Retainers are non-refundable in case of cancellation or date change by Client. This is to mitigate losses that may occur by blocking off time for a given client, thus removing the ability for the photographer to take on other work in that time period.Completion of Final Product:
The final product may take 4-6 weeks to produce unless a specific completion date is agreed upon beforehand by all parties.
I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above document and I fully understand its contents. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
This Contract shall be governed by and construed in accordance with the laws of the Province of British Columbia.