***Please read and fill out the form below***

Birth Story AGREEMENT

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 39 weeks through 41 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 619-606-0957. 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 1 hour 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 us 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. Even if it’s a false alarm! I would much rather be ready to roll than to miss the event!

It is also helpful for us 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 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:

• Coverage of photography for labor, delivery, and post-delivery

• Additional hours of photography can be added if necessary for $100/hour.

In most cases 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.

AGREEMENT TERMS

This document is a contractual agreement made between: Eye For Love (referred to hereafter as “Photographer”) and Client.

·  By completing this contract, you are confirming that your place of delivery will allow birth photography. You agree to inform photographer of any guidelines or procedures that must be followed. Failure to do so will result in loss of deposit. Eye For Love 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. We try to be unobtrusive and document the birth as best as we can with the available lighting. Low light situations cause images to be more raw - perhaps with a bit of film grain or motion blur, this is normal. Most images will be delivered in black and white, though any images delivered- color or black and white- will be at the artistic discretion of the photographer.

COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during photography sessions. 

COPYRIGHT: All images are copyrighted to and remain the property of Eye For Love.

CLIENT’S USAGE: Client is obtaining digital files and a print release. Client understands that Photographer is not responsible for color and print quality for prints obtained through vendors outside of Eye For Love Photography. Prints obtained through Eye For Love Photography are for personal use only. Client shall not sell said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Eye For Love Photography” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.

Images received from Eye For Love Photography may not be altered from their original version in any way. This includes but is not limited to turning color images to black and white, adding text, cropping, or color accenting. Photographs are hand edited to Photographer's standards and reflect on the artist. Unedited images will not be given to the client or third party under any circumstance.

EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.

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 to the session types of Newborn Session rather than birth. Due to the nature and timing of birth being unpredictable, Eye For Love Photography cannot be held accountable or liable for a missed birth. Eye For Love 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 Eye For Love Photography's control, Eye For Love Photography's liability is limited to the return of all payments received for the portrait package.

*If we 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 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.*

PRINT LIFE: Client is aware that color dyes and inks in non-archival prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities when prints are not purchased from photographer. Prints purchased from the photographer are guaranteed against natural light fading and will be replaced in the case of unexpected bleaching.

RETAINER & PAYMENT SCHEDULE: 50% of the total cost is due at time of signing this agreement. This is a NON-REFUNDABLE RETAINER. In the event of cancellation by the client, the retainer paid is non-refundable. It shall be liquidated for damages to Eye For Love Photography in the event of a cancellation, or breach of contract by the CLIENT. The retainer shall be applied towards the total cost of the service to be rendered. The remaining charges are payable in full on the date of the session, or within 72 hours thereof.

If you decide to cancel our services for any reason, please let us know at least 30 days before 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.

Eye For Love Photography is obliged to explain the following:

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. Eye For Love Photography agrees to hold their images to the highest standard and do everything in the power of Eye For Love Photography to produce quality images of your birth. Eye For Love Photography cannot promise that Client's images will be an exact duplicate of any requested image. 

As an artist, the photographers of Eye For Love 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 Eye For Love Photography.

PRINT FEES: Prints through the photographer are ordered ala carte. All prints include standard retouching and shipping through the U.S. Postal Service. Prints generally ship via Priority Mail two to four weeks after Client’s print order has been paid in full. Rush printing and shipping can reduce delivery times by one to two weeks. A 50% rush fee is applied to the cost of each rush print. 

RETOUCHING, CONVERSIONS AND DIGITAL FILES: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Tonal conversions include converting color images to black-and-white. Files are automatically lightly retouched and available in color and black and white for no added fee. Complex retouching may result in an additional fee.

Hi-resolution digital files are delivered via an online site. You may download via computer only through this site. The price for the digital files is not refundable once delivered and is not adjustable per client.

ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior 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, it does not mean that any other provision is also waived.

This constitutes an order for one Birth Story Session with Eye For Love Photography.

Birth Story Agreement