Birth Story Agreement
In an effort to make sure your birth story goes smoothly, please provide the following information, read the Terms and Conditions, and print a copy for your records. Please contact Ashley with any questions!
Terms and Conditions
It is understood that Client is entering into a formal agreement ("Contract") with Ashley Rogers Creative Services, LLC. (also referred to as “Ashley Rogers Photography” or the "Photographer"). This Contract constitutes the entire agreement between both parties and will apply to all future transactions. It is understood that Ashley Rogers Photography is the exclusive official Photographer retained to perform photographic services requested in this “Contract". By signing this document, client acknowledges they have read, understand, and agree to the terms. Upon signature and receipt of required deposit, Ashley Rogers Photography shall reserve the time and date agreed upon.
1. A session deposit of $200 is required to reserve the birth photography story. Upon payment of the session deposit, Photographer will reserve the estimated due date on her calendar. The session deposit is non-refundable. The remainder of the payment is due on the 14 days prior to the estimated due date.
2. The client's birth photography story includes: Photographer being on call from 38 weeks until the baby is born. Black and white processing of images. All finished digital images presented in an online gallery with a print release. A video slideshow containing the birth story images, with music and a 25 page 8x8 storybook coffee table album of the birth story.
3. Client is responsible for confirming that birth photography is allowed with her physician or midwife and with the place of birth.
4. Client understands that flash will not be used as not to disturb the medical staff, laboring mother, or the new baby. This may result in photos with a film-like grain in low light conditions.
5. Client understands that photography may be limited by hospital/physician policy. There is always the possibility that Photographer may be asked to stop photographing by staff and Photographer is not held responsible for resulting missed images.
6. Client is responsible for his/her own safety and actions while at the location of the birth photography story. Photographer is not responsible or liable for; accidents, illnesses, damage or loss to person or property that may result from the photography session itself or anything related to the photography session.
7. If Photographer cannot fulfill this contract due to fire or other casualty, strike, act of God, or other circumstance beyond the control of the parties, or due to Photographer’s illness or emergency, Photographer will make every effort to send a back-up photographer. If a back-up can not be sent, Photographer shall refund all paid monies to the client and have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, or otherwise lost or damaged. In the event Photographer fails to perform for any other reason, Photographer shall not be liable for any amount in excess of the retail value of Client’s order.
8. Client is responsible for notifying Photographer as soon as she thinks labor is beginning. Photographer is not held responsible for a missed birth due to failure of timely notification by the client. Notification at 4 cm dilation is recommended so that Photographer can arrive by 6 cm dilation.
9. Photographer will make every effort to attend the birth. Due to the unpredictable nature of labor and birth, it is possible that the moment of the baby's birth will be missed. In the case the Photographer misses the birth due to unforeseen circumstances, monies can be transfered to a fresh 48 photography session, an in home newborn photography session, or refunded to Client. Examples of this include, but are not limited to car trouble, weather, traffic, lack of child care, or illness.
10. In the case that the birth is not captured due to actions of the client or because of circumstances beyond anyone's control, monies will be transferred to a fresh 48 photography session. Examples of this include, but are not limited to emergency c-section, failure of client to give timely notification of beginning labor, or dramatic change in birth plan. No refunds will be offered under these circumstances.
11. Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during the birth photography story, or for missed images due to details not revealed to Photographer.
Proofing and Ordering
12. Within approximately 2-4 weeks of the birth, an email will be sent to Client letting her know that the gallery is available. Galleries will include approximately 75-100 images and are viewed online. Images are selected and edited at Photographer's discretion. Photographer reserves the right to edit and release only those images deemed creditable as professional in quality and within Photographer's artistic standards. All images that do not meet Ashley Rogers Photography’s quality and/or artistic standards will be purged from the Photographer's hard drive immediately. Under no circumstances will unedited or RAW files be given to client. The photos will be available for viewing and downloading via emailed link for 14 days from the date of the email in a password protected gallery.
13. Galleries will be automatically purged from the website after 14 days. A $50 rehosting fee will apply to galleries that need to be put back on the website after the 14 day viewing period. If the pricing has changed since the original booking date, the images will be rehosted at Photographer’s new pricing.
14. Album design will be included in the gallery and limit of two edits of layout or change of photo will be provided. Client can choose to order album upgrades such as additional pages, custom cover, or an upgrade album at an additional cost.
15. Images from the session are kept on file by Photographer for one year after the photography session. Every effort is made to secure equipment back-up, however due to the unreliability of digital equipment, data loss can occur at any time; except as explained herein, Photographer is not liable for any loss of digital data whatsoever.
16. Link to gallery will not be provided until session is paid in full. Products will not be delivered until balance is paid in full.
17. Product defects (i.e. damage during shipping, discoloration of photos, missing items, etc.) must be reported to Photographer within 7 days of receiving order for the issue to be resolved. Order corrections will not be completed after the 7 day time period.
18. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration of any photographs.
19. Client is obtaining digital files for personal use only and may not reproduce, print, post, distribute or otherwise use for profit. Guidelines for personal usage are contained within the print release form provided. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads "Ashley Rogers Photography" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs as well as images used and posted to/on social media sites.
Notice of Copyright
It is illegal to copy or reproduce copyrighted material (i.e. photographs, albums, cards, etc.) from the session elsewhere without Photographer’s permission and violators of this Federal Law will be subject to its civil and criminal penalties, starting at $500.00. Copyrighted material may not be entered into contests, sold, copied, scanned, or used commercially in any format including digital, print, or otherwise. Copyrighted material may not be used in any form other than private usage without express written permission from the copyright owner, Ashley Rogers. Ashley Rogers retains all publication and general reproduction rights for the session's copyrighted material.
This contract incorporates the entire understanding of the parties. Any modifications of this contract must be in writing and signed by both parties.