Birth Photography Questionnaire & Contract

Thank you for inviting me to photograph your upcoming birth experience. Since births are a bit different than a standard session, here are some guidelines to insure I can give you the best experience possible. Please read and then provide your signature below. Be sure to print a copy for yourself as well. 

Planned vaginal delivery or scheduled induction of labor

I will be on call for your birth 24/7 from 38 weeks through 42 weeks gestation. If your doctor or midwife schedules an induction or planned cesarean for you, please let me know immediately so I can plan that date accordingly. Please keep me updated via telephone or text when you leave for the hospital and upon admission. Dad should keep me updated via text. My cell number is (845) 775-9005 please store this number in mom and dad's phones well in advance. My goal is to be at your place of delivery or labor before mom hits the point where she can no longer speak on the phone. If you are being checked for dilation, please keep me posted with your progress at each check. I plan to arrive when you are 6-7cm dilated, depending on how rapidly your birth is progressing. Please note that it takes me approximately 90 minutes to arrive at the birth location from your initial phone call to being by your side. I will stay with you through the rest of your labor/birth, and 1 hour post birth to document weight, footprints, family/baby interaction, etc.

 
Please contact me as soon as you think you might be in labor so I can begin making plans to be there.

Even if it’s 2 a.m. or a false alarm! I would much rather be ready to roll than to miss the event!
 
It is also helpful for me if you check in after doctor’s appointments in the weeks before labor and let us know how things are progressing and/or if there will be any changes to your initial birth plan.
 

Scheduled Cesarean Section

I will provide coverage 1 1/2 hours prior to, during (if permission is granted), and 1 hour post-delivery. Images will be provided in a documentary fashion, documenting your experience as much as possible, as well as documenting your baby's first moments.

Your birth session includes

Unlimited coverage starting at 6cm, active labor, delivery, and 1 hour post-delivery.

Sneak peek and download of 2 photos before I leave to share with family & friends.

Our time begins when we arrive at your birthing facility (when you are in active labor, or 6-7cm) and ends 1 hour after birth. 

(+ Package Details)

Cooperation

The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Forever Mine Birth 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 Forever Mine Birth Photography.

Should anyone within your family/party become ill before your session, please Forever Mine Birth Photography know. Due to the nature of birth sessions Forever Mine Birth Photography will not attend a birth session for the safety of the newborn and your family as well as the other patrons of the hospital.

Agreement Overview

This agreement contains the entire understanding between Forever Mine Birth 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.

Images & Coyrights

The photographs produced by Forever Mine Birth Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Forver Mine Birth Photography's explicitly written permission. Upon final payment by the client, the client has limited copyright ownership for printing only of the resulting images, which may be used only for personal use and may not be copied, or reprinted without express permission of Forever Mine Birth Photography. This permission is included with high resolution discs, with which the owner may make prints up to but not exceeding size 8"x10” for personal use and sharing, as well as use for their personal blogs, sites, and social networks (as long as visible credit is given on or under each image to Forever Mine Birth Photography). The owner may not re-distribute the disc in any manner. The Client must obtain written permission from, and compensate Forever Mine Brith Photography prior to the CLIENT, or its friends/ relatives publishing or selling the images for profit. After six (6) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. 

Model Release

The CLIENT & Subject hereby grant to Forever Mine Birth 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; and to copyright the same. The CLIENT hereby releases Forever Mine Birth Photography and its legal representatives and assigns from all claims and liability relating to said photographs. While Forever Mine Birth Photography reserves the right to use any image for display, due to the private and very personal nature of birth photographs, Forever Mine Birth photography will respect the Client's wishes regarding using or not using specific or graphic images.

Rescheduling

Due to the nature of a birth session, rescheduling is not permitted.  The client is responsible for contacting the photographer when she thinks she is in labor and with any updates about the labor, so that the photographer can plan accordingly. If for some reason the birth session is not able to take place, the family is welcome to transfer their deposit to a Fresh 48 Session AND In-Home Newborn Session with the photographer.

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 deposits made Fresh 48 Session and In Home Newborn Session rather than birth. Due to the nature and timing of birth being unpredictable, Forever Mine Birth Photography cannot be held accountable or liable for a missed birth. Forever Mine Birth 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 Forever Mine Birth Photography's control, Forever Mine Birth Photography's liability is limited to the return of all payments received for the portrait package.

Forever Mine Birth Photography is not responsible for the damage of portraits or discs after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.

If I cannot provide coverage as a result of client's actions or due to circumstances beyond anyone's control, all fees paid will be applied toward a Fresh 48 and In Home Newborn Session. 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.

Deposit & Payment Plan

50% of the total cost is due at time of signing this agreement. This is a NON-REFUNDABLE DEPOSIT. In the event of cancellation by the client, the retainer paid is non-refundable. It shall be liquidated for damages to Forever Mine Birth Photography in the event of a cancellation, or breach of contract by the CLIENT. The deposit shall be applied towards the total cost of the service to be rendered. The remaining charges are payable in full by 38 weeks.

If you decide to cancel services for any reason, please let me know at least 30 days prior to your due date. Your initial deposit is non-refundable in this case, but any other fees paid up to this point will be fully refunded.

Location Costs and Fees

If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within 20 miles of photographer's home in Middletown, NY. Any location outside of these limits will be subject to an additional charge of $.57/mile as part of the agreement.

Forever Mine Birth Photography is obliged to explain the following...

Upon viewing samples of Forever Mine Birth Photography's work, you (Client) have decided to invest in services to photograph your birth because you are confident that Forever Mine Birth Photography can give you results which you will cherish. 

There is no way to guarantee or know the quantity or quality of photos that will be produced from this endeavor simply because this is an event in the future. Forever Mine Birth Photography agrees to hold their images to the highest standard and do everything in the power of Forever Mine Birth Photography to produce quality images of your birth. Forever Mine Birth Photography cannot promise that Client's images will be an exact duplicate of any requested image. 

As an artist, the photographers of Forever Mine Birth Photography reserve the right to artistically interpret what is seen and in what ways to photograph each subject. This may mean that some frames are delivered in varying color profiles including, but not limited to, color and black and white images. This is the discretion of Forever Mine Birth Photography.

By completing this contract, you are confirming that your place of delivery will allow birth photography. You agree to informing Forever Mine Birth Photography of any guidelines or procedures that must be followed. Failure to do so will result in loss of deposit. Forever Mine Birth Photography is hereby not responsible for any situation in which this contract is not fulfilled due to unknown hospital or birth center 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 or in a birthing center, please check with your midwife and your back up hospital in case of a transfer. I try to be unobtrusive and document the birth as best as I can with the available lighting, but I may use a bounce flash for low light situations to provide the best quality photo. Any images delivered- color or black and white- will be at the artistic discretion of the photographer.

If there’s ever a point when the flash becomes a problem and it’s interrupting you, just let me know and I’ll discontinue using the flash. I’ll figure out another way. You’re hiring me for great images and the flash provides really great quality images, and that’s why I choose to use it. But your comfort is the most important thing, so please let me know if it becomes an issue.