Kassie Anne Photography Birth Contract
This agreement is between the Client, whose name and address is listed above, and Kassie Anne Photography.
Retainer. The Client shall make a payment of $200 for the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the birth and “on call” time. Remaining balance of $600 must be paid by 36 weeks gestation, however if baby arrives sooner than 36 weeks, balance is due within 24 hours of the birth. Remaining balances forfeit photographer’s duty to attend the birth and this contract remains fully enforceable for the full amount. If balance is not paid within 24 hours of the birth, a $50 late fee will be applied for each late day. Balance has been paid in FULL.
Cancellation. If Client requests to amend or cancel this agreement the retainer shall not be refunded or applied to other services unless agreed upon by both parties at least 10 weeks prior to expected due date. If Client cancels this agreement, or fails to notify photographer of the birth, 90 or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.
Pre-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. This consultation is done by Phone, in-person, FaceTime or email.
Client Notification. The Client shall notify Photographer immediately by PHONE CALL (740-641-4229) as soon as she thinks she is in labor, also upon arriving at the hospital. 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 Photographer responsible for missed coverage. Texts, voicemails, social media and other messages do not constitute valid notification.
Photographer Attendance. The Photographer shall be considered “on call” from 37 weeks gestation through the expected 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 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. Photographer will stay up to 3 hours post delivery with a total of up to 12 hours of at-hospital coverage, breaks included. With only 2 of those 12 hours being post delivery. Additional time may be purchased for $100 an hour.
Completion Schedule. For prints & albums only. Completion schedules and delivery of products shall be determined from date of final approval by Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement. Prints shall take 4 weeks from time of print order to be processed and delivered to Client. Albums shall take 6 weeks from date of final design approval by Client to be received by the Photographer. Client should place orders with sufficient time to allow for normal delays and notify Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of $75 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services. **Only applicable if additional products are purchased.
Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Client will receive an online gallery of images.
Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement. The Photographer delivers all digital files electronically through an online gallery website. These images shall be available to the Client in an estimated 6-10 weeks of the photographic event. An expedited editing fee can be made for $225 & they will be done one week from the time the invoice has been paid. Timeline for photos under regular schedule may be delayed by busy season, holidays or sickness. Photographer is not in breach of contract by going over the estimated timeline. The online gallery shall remain open for 100 days from delivery. If you request to extend the time or reopen the online gallery, a $50 un-archival fee shall apply.
Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. The Photographer DOES provide the Client permission to resize photographs for Internet-based usage.
Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the “COPYRIGHT YEAR Kassie Anne Photography” & “TAG” the Facebook page https://www.facebook.com/Kassieannephotography in the caption of all photographs uploaded to social media websites and profiles.
Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to schedule a replacement session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, all paid monies towards this specific service will be refunded.
Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism. All hospital and/or birthing center arrangements for the substitute Photographer shall be the Client’s responsibility.
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.
Travel and Overage Fees. The Client shall pay $1/mile 30 miles outside the zip code of 43055.
Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $5,000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
Indemnification. The Photographer shall be held harmless for any and all injury to clients during the course of the photography session and the immediately surrounding events. The Photographer shall be held harmless for any missed performance as a result of hospital and/or birthing center policies. It is the responsibility of the Client to acquire all appropriate permissions and access for the Photographer.
Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Ohio.
Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.