Birth Photography Contract
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Email *
Primary Client's Name *
Date *
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Address
Telephone
Spouse/Partner Name
Spouse/Partner Name Telephone *
Estimated Due Date: *
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Location for Birth Photography *
Required
Jenna Nord Photography requests one-third of your total balance as retainer to hold the dates surrounding your Estimated Due Date, to be paid at the time of signing this contract.
**All payments due in full by 37 weeks, unless other arrangements have been discussed.
Fees *
Required
Online gallery of the Birth will not be posted until Balance is received.
The parties have read this Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.
Client Name
Date
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Photographer
Date
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This Agreement is subject to all the terms and conditions outlined below.
Services Performed by Photographer:
The photographer will consult with the clients prior to the event to review any requests with regard to desired images.
Photographer provides 24/7 on-call service. Photographer will arrive promptly after receiving notification that the Birth is progressing and services are requested, provide photography services throughout the event and conclude services two hours after delivery of baby. During the birth, photographer will take needed breaks but in keeping with important sequential documentation.
The photographer will review all images from the Birth and edit those that are in keeping with the highest quality and style of the photographer’s work. The photographer reserves the right to withhold any images not in keeping with her standards. Client can expect around 75-150 final images from a Birth Session depending on the length of the Birth. Images will be edited in color and black and white upon photographer’s discretion. Client may request a re-edit at the fee of $25 per image.
If your Birth Session includes digital files you are granted, reprint permission, and on-line protected gallery.
Photographer will present your digital files via online gallery and during an In -Home Presentation session (either in Photographer’s home, or client’s home) within 4 weeks following your Birth. Additional ordering of Keepsake albums may be placed during the Presentation session. Orders placed with your photographer are typically delivered within 4 weeks of ordering. Your online gallery remains available for 3 months, by request.
First Embrace Photography is honored to be chosen as your photographer and will strive to exceed your expectations and provide images that delight you.

Terms and Conditions
1. Exclusive Photographer
Jenna Nord Photography photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the Birth. First Embrace will enlist a back up photographer to ensure the birth story will be documented without fail.
2. Photographer Attendance.
The Photographer shall be considered “on call” by [date] , which is at 37 weeks gestation, through the actual delivery date. In the event that the Photographer is unable to attend the birth due to the unpredictable circumstances of birth the retainer shall be applied to other services offered by the Photographer at the Photographer’s discretion. In the event the Photographer misses the actual birth but provides coverage on the day of delivery, the contract shall be fully enforceable. The Photographer is entitled to thirty (30) minute breaks every four (4) hours while at the hospital/birthing center.
3. Cancellation
If the Client requests to amend or cancel this Contract the retainer shall not be applied to other services unless agreed upon by both parties at least 4 weeks prior to on-call. Typical on- call starts at 37 weeks. To cancel, client must notify by 33 weeks gestation. If the Client fails to notify the Photographer of the birth or cancels this contract 30 or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited. If photographer has started on call services and client cancels services, total investment of Birth Photography will be fulfilled by alternate sessions- such as Fresh24-48, Newborn Session, Modern StoryTelling session.
4. Photographic Materials
All photographic materials, including but not limited to digital media storage devices, photographic files, negatives, and transparencies, shall be the exclusive property of the Photographer. The Photographer shall provide photograph files by Digital Download or USB (discussed) to the Client. The digital files by Digital Download or USB belong to the Client. The files contained therein belong to the First Embrace Photography Photographer(s).
5. Copyright and Reproductions
The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions, except where permission is granted to Client to make reprints from the Digital Download or USB of images provided. Client has permission from Photographer(s) to reproduce these images in what sizes they desire with what lab they choose. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio.
6. Client’s Usage
The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. In particular, Client may not share unwatermarked images from your session or event with other vendors; vendors desiring images should consult the photographer for copies of images made at your event.
7. Client Notification
The Client shall notify the Photographer immediately by phone call upon signs of labor starting and again with admission to the hospital or midwife arrival. It is the responsibility of the Client to ensure that contact is made with the Photographer. Failure to specifically speak to the Photographer and receive a response shall not hold the Photographer responsible for missed coverage. Texts, voicemails, social media, and other messages do not constitute valid notification.
8. Failure to Perform
If photographer or back up photographer misses the birth under any circumstances, investment will be applied to a Fresh24-48 or Newborn Session.  Client shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost through computer 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.
COVID-19 In the event the photographer cannot make the birth due to contracting Covid-19 or coming into close contact with Covid-19.  All investment paid will be refunded. Alternatively, photographer reserves the right to offer contracted back-up photographer to attend the birth, if photographer has already entered the on-call period. Client and photographer will come to an agreement over these terms.
9. Photographer’s Standard Price List
The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed
10.  Self promotion of Photographer  
Including but not limited to:  BirthPhotographers.com, Birth Becomes Her, Facebook, Twitter, Instagram, Google+, Missoula Birth Center, Family Maternity Center Missoula, Community Medical Center Missoula, Mamalode.  
Client signature confirms acknowledgment and agreement to the terms stated in #10 of the contract defining self-promotion:
Client signature confirms acknowledgment and agreement to the terms 1-9. Excluding #10
Date
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Notes
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