Birth Contract

Please Read Through The Contract And Let Me Know If You Have Any Questions

Thank you for inviting me to capture 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 the 39th week through the 41st 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. Appoint someone in charge (the father, your mother, sibling, etc) of keeping me updated via text. My cell number is 801-859-4728. Please store this number in your 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 me 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. Content 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:

– A maximum of 8 hours of coverage for labor, delivery, and post-delivery

– Photography of event

– Videography of event

– Sneak peek within a week of delivery

Additional hours of coverage 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. In the event that your labor and delivery process lasts longer than 8 hours, we reserve the right to end our services after 8 hours if necessary.

 

AGREEMENT OVERVIEW: This agreement contains the entire understanding between End Of May Productions LLC and the client listed below. 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.

 

COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. End Of May Productions LLC is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to End Of May Productions LLC.

 

IMAGES and COPYRIGHTS: The photographs and videos produced by End Of May Productions LLC are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without End Of May Productions LLC’s explicitly written permission. Upon final payment by the client, the client has limited copyright ownership for printing only of the resulting images, which may be used only for personal use and may not be copied, or reprinted without express permission of End Of May Productions LLC. This permission is included with high resolution downloads, with which the owner may make prints up to but not exceeding size 8″x10” for personal use and sharing, as well as use for their personal blogs, sites, and social networks (as long as visible credit is given on or under each image to End Of May Productions LLC). The Client must obtain written permission from, and compensate End Of May Productions LLC prior to the CLIENT, or its friends/ relatives publishing or selling the images/videos for profit.

 

MODEL RELEASE: The CLIENT & Subject hereby grant to End Of May Productions LLC and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish the photos and videos 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 End Of May Productions LLC and its legal representatives and assigns from all claims and liability relating to said content. While End Of May Productions LLC reserves the right to use any image/video for display, due to the private and very personal nature of birth photographs, End Of May Productions LLC will respect the Client’s wishes regarding using or not using specific or graphic 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 capturing 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, End Of May Productions LLC cannot be held accountable or liable for a missed birth. End Of May Productions LLC takes the utmost care with respect to exposure, transportation, and processing the photographs and videos. However, in the unlikely event that the content have been lost, stolen, or destroyed for reasons within or beyond End Of May Productions LLC’s control, End Of May Productions LLC’s liability is limited to the return of all payments received for the portrait package excluding the $200 Deposit.

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.*

RETAINER & PAYMENT SCHEDULE: $200 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 End Of May Productions LLC 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 me 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.

End Of May Productions LLC is obliged to explain the following:

Upon viewing samples of End Of May Productions LLC’s work, you (Client) have decided to invest in services to record and photograph your birth because you are confident that End Of May Productions LLC can give you results which you will cherish.

There is no way to guarantee or know the quantity or quality of content that will be produced from this endeavor simply because this is an event in the future. End Of May Productions LLC agrees to hold their content to the highest standard and do everything in the power of End Of May Productions LLC to produce quality images of your birth. End Of May Productions LLC cannot promise that Client’s images will be an exact duplicate of any requested image.

As an artist, the photographers and videographers of End Of May Productions LLC reserve the right to artistically interpret what is seen and in what ways to capture each subject. This is the discretion of End Of May Productions LLC.

By completing this contract, you are confirming that your place of delivery will allow birth photography and videography. You agree to informing End Of May Productions LLC of any guidelines or procedures that must be followed. Failure to do so will result in loss of deposit. End Of May Productions LLC 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. I try to be unobtrusive and document the birth as best as I can with the available lighting. Low light situations cause content 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.