Shelby Blanton Photography Birth Story/Fresh 48 Session Agreement & Model Release
*This form MUST be completed prior to when your birth photographer goes on-call for your birth at 37 weeks.
This agreement is between the Photographer, Shelby Blanton (owner of Shelby Blanton Photography working out of the State of Oregon) hereby referred to as Shelby Blanton Photography and the client as listed below, and all persons included in the photographed session dated on (listed below.) Client understands that he/she has viewed samples of Shelby Blanton Photography's work and is aware of the overall style and quality.
A. SESSION FEES
Client agrees to pay Shelby Blanton Photography the Birth Story session fee or Fresh 48 session fee of (listed below.) The fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and the contents of the package purchased below. (FRESH 48- Client will also be able to purchase additional digital images if they choose for $20.00 per file.) The non-refundable Birth Story retainer Fee or Fresh 48 session fee is to be paid within 48 hours of signing/submitting this contract to reserve the date/time of session. Additional editing is available at an additional expense to be determined by photographer.
B. RESCHEDULING (FRESH 48)
If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. In the rare event that there is an equipment malfunction or technical disaster with the images taken at the session, the session payment shall be put towards another type of session. (Lifestyle family session at home, or any other packages Shelby Blanton Photography offers.)
C. RE-SHOOTS/REFUNDS
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
1.) BIRTH: If the photographer is unable to attend the birth due to circumstances on her behalf, (ie: photographer is ill or has an emergency situation) client will be refunded all payment excluding the $400 session fee. A Fresh 48 or family portrait session will be offered.
2.) FRESH 48: If the photographer is unable to attend the Fresh 48 session due to circumstances on her behalf, (ie: photographer is ill or has an emergency situation) client will be given the option to have Fresh 48 session in their home, or have their session fee refunded.
In the event that the photographer misses the birth or Fresh 48 due to no fault of her own such as not being called in time, the place of birth not granting her admittance, or the birth being too quick, your birth story package fee (including the retainer fee) or Fresh 48 session fee is non-refundable, and a Fresh 48 session or Family Session will be offered. (Family session must take place within a one year time frame of the due date.)
D. ARCHIVE
After one month (30 days,) 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. If client has chosen ShootProof to download files from, client must download and save photos within one week (7 days) after being given their unique ShootProof gallery. UNLESS they have discussed an extension with Shelby Blanton Photography. Shelby Blanton Photography is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
E. PAYMENT
Payment in full is due prior to the client's 37 week of pregnancy. A $400.00 session fee for Birth Story sessions is due upon booking to secure the client's spot in the photographer's schedule. Session will not take place unless invoice has been completed. Optional additional print/digital orders will not be processed until payment in full is received. If client has arranged a payment plan, photos will not be edited or released to client until after the final payment has been received.
F. LOCATION/TIME
The session will take place at the planned birth location listed below. Client must contact photographer by phone when she goes into labor, and again when the client is considered in "active labor." Photographer agrees to arrive at the place of birth within 1 hour of being notified of active labor. It is highly recommended that the client gives the photographer notification if they suspect labor is impending, so that the photographer can better plan her arrival to the place of birth.
G. MODEL RELEASE
I hereby give to Shelby Blanton Photography the absolute and irrevocable right and permission with respect to the photographs that she has taken of myself and each person (LISTED BELOW) included in the session,
a) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
b) I hereby release and discharge the photographer Shelby Blanton (Shelby Blanton Photography) from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
H. 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. Shelby Blanton (Shelby Blanton Photography) is an on-location Photographer. Client understands the risks involved; including and are NOT LIMITED TO falls, vehicular accidents and injury, bee stings and other hazards. Client swears that each person is participating voluntarily in the said photography session and forfeit all right to bring a suit against Shelby Blanton, and Shelby Blanton Photography for any reason.
I. BIRTH/FRESH 48 TECHNICALITIES
Due to the limited nature of Birth & Fresh 48 Sessions (ie: location/age of child etc.) the photographer cannot be held responsible for specifically requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event or by the hospital or location restrictions. The photographer is not responsible for lost photo opportunities due to other cameras or flashes. The photographer will do her best to fulfill all requests but can make no guarantees all images requested will be delivered. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. The Photographer is not to be held responsible should she miss the session window due to circumstances beyond her control. These circumstances include but are not limited to: Not being contacted in time, heavy traffic, or other acts of God that are not in the Photographer's control, major illness, etc. Refunds due to circumstances are discussed in section C.
J. COMPLETION SCHEDULE
Distribution of edited images and the date of completion will be at the discretion of Shelby Blanton Photography. Birth and Fresh 48 sessions have a completion time of around 3-4 weeks due to the volume of images.
K. PRINTING
Shelby Blanton Photography highly recommends that photographs be printed only through her professional lab OR through a high quality printing company. If client prefers to print through a low quality printer, Shelby Blanton Photography is not responsible for client being displeased with those printed products.