Birth Photography Contract — Tori J Cox Photography

Birth Photography Client 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 where indicated.=. Be sure to print a copy for yourself as well.

I am so incredibly excited to be working with you! Take your time filling in this info! If you have any questions at all, please let me know by calling me 940.390.7148 or emailing me tori@torijcox.com!

Today's Date

MM

DD

YYYY

Due Date

MM

DD

YYYY

Mom's Name

First Name

Last Name

Dad's Name

First Name

Last Name

Address

Address 1

Address 2

City

State/Province

Zip/Postal Code

Country

Email Address

Mom's Phone

(###)

###

####

Dad's Phone

(###)

###

####

Emergency Contact Name

First Name

Last Name

Emergency Contact relationship to clients

First Name

Last Name

Emergency Number (other than mom or dad)

Someone close to mom and dad who can give photographer status updates

(###)

###

####

Planned place for birth

Name of Birth Location

Address of Birth Location

Address 1

Address 2

City

State/Province

Zip/Postal Code

Country

Is this your first birth?

Birth Plan

Have you obtained permission from your OB AND HOSPITAL to have a photographer in the birthing room?

In the event of a c-section, has your OB AND HOSPITAL given you permission to have a photographer present in the operating room?

Name other individuals who will be in the birth room with you (including partner, if applicable)

1. AGREEMENT: This agreement contains the entire understanding between Tori J Cox 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.

By signing below you agree to the above.

2. SESSION FEE/DEPOSIT: 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 Tori J Cox 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.

By typing your name below, you agree to the above.

3. LOCATION COSTS/FEES: Your session fee covers travel within 1 hour of Canyon, Texas. Any location outside of these limits will be subject to an additional charge of $25/each additional half hour of travel time. In addition, if lodging/overnight stay is required, Tori J Cox asks that you please cover travel expenses including but not limited to airfare, food, and lodging during her stay. Receipts shall be collected and additional payment to photographer for travel expenses shall be paid no later than 2 weeks following the photoshoot date.

By typing your name below, you agree to the above.

4. 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 Fresh 48 and Newborn Session rather than birth. Due to the nature and timing of birth being unpredictable, Tori J Cox Photography cannot be held accountable or liable for a missed birth. Tori J Cox 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 Tori J Cox Photography's control, Tori J Cox 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.*

By typing your name below, you agree to the above

5. PROOFING: proofing of client's images will be available for viewing within 2-6 weeks of session date (depending if both photos and film are involved), in a (upon request) password protected, web gallery and/or in an in-person ordering session if the client wishes. Album design, and additional purchasing of prints and custom print items (canvases, cards, etc) will be made at this time. Turnaround time for delivery of prints and additional photo items is 4-6 weeks. All print sales are final.

By typing your name below, you agree to the above

6. ARCHIVE: Tori J Cox purges all images from hard drives within 1 month of delivery of images to client, except as needed for marketing purposes, to be determined by photographer. Photographer is not responsible for lost or damaged files once the digital files are handeed over to cthe client.

By typing your name below, you agree to the above.

7. MODEL RELEASE: The CLIENT & Subject hereby grant to Tori J Cox 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 Tori J Cox Photography and its legal representatives and assigns from all claims and liability relating to said photographs. While Tori J Cox Photography reserves the right to use any image for display, due to the private and very personal nature of birth photographs, Tori J Cox photography will respect the Client's wishes regarding using or not using specific or graphic images. Any use of images of CLIENT will be first approved by client including but not limited to use on social media or website/advertising.

By typing your name below, you agree to the above.

8. LIABILITY: Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.

By typing your name below, you agree to the above.

9. COPYRIGHT + PENALTY: Tori J Cox Photography retains all copyrights to all images created during the client's session. A print release may be included with digital files to print portraits for personal use. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering your photos without the written permission of the photographer. It is illegal to copy, scan, download, print (without purchasing digital files), share, alter, or otherwise steal any image created by Tori J Cox Photography. If images are illegally taken via any method listed above without purchase, client will be invoiced for the cost of EACH image taken.

By typing your name below, you agree to the above.

IMPORTANT INFORMATION! 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 940-390-7148. 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 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. 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 me know how things are progressing and/or if there will be any changes to your initial birth plan. A quick text is fine! 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.

By signing the below you understand/agree to the above

Tori J Cox is obliged to include this information and to make sure you agree with the following: Upon viewing samples of Tori J Cox Photography's work, you (Client) have decided to invest in services to photograph your birth because you are confident that Tori J Cox 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. Tori J Cox Photography agrees to hold their images to the highest standard and do everything in the power of Tori J Cox Photography to produce quality images of your birth. Tori J Cox Photography cannot promise that Client's images will be an exact duplicate of any requested image. As an artist, the photographers of Tori J Cox 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 Tori J Cox Photography.

By signing the below you agree to the above.

COMPLETION OF CONTRACT: By completing this contract, you are confirming that your place of delivery will allow birth photography. You agree to informing Tori J Cox Photography of any guidelines or procedures that must be followed. Failure to do so will result in loss of deposit. Tori J Cox 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.

By signing below you are agreeing to the above