Birth Contract and Release
Copyright and Licensing Notice
The bearer of this notice ( ) have purchased high-resolution digital files from their photography session with Allison Blake Birth Co.
Bearer is hereby granted permission by Allison Blake Birth Co. to reproduce the images and make an unlimited number of prints, for personal use only.
Bearer agrees that they may not use any Allison Blake Birth Co. images for commercial or editorial purposes, or enter any Allison Blake Birth Co. images into competitions or contests of any kind,
without the express written permission of Allison Blake Birth Co.. Allison Blake Birth Co. retains the copyright to all images, per USC Title 17 (US Copyright Law).
The images that are being provided to you, are licensed to you for any reasonable personal use, including but not limited to: printing, copying, emailing, and web publishing.
Your license does not include use that results in financial gain, including but not limited to: advertising, submission to media outlets including news stations, online media, blogs, use in tv shows, stock photography, print sale profits, or resale of any nature.
You may not alter any of the images in any way. This includes but is not limited to: cropping, changing the size, adding filters, or any other additional types of editing.
You must not change any file in any way.
I do not and will not ever deliver unedited or RAW files, for any reason.
Any attempt to claim the photos as client’s own will result in lawful action. Any attempt to reproduce photos which you do not have a printing rights agreement for will result in a breach of contract.
Allison Blake Birth Co. may revoke this license at any time and for any reason.
Your purchase of the original files, releases Allison Blake Birth Co. from any liability due to loss or damage of the images, and also releases Allison Blake Birth Co. from any obligation to maintain copies of any digital file, image, or photograph. Allison Blake Birth Co. recommends that you download your images and save them in several safe places. I do not keep your original or edited files once your gallery is delivered to you. Please make sure you back them up. I will not be held liable if you lose your images.
Allison Blake Birth Co. obtains the irrevocable right to use and publish images and photographs taken from your photography session to further promote its service including but not limited to: portfolio, social media, web site, display, advertisement, and editorial use. I use these for my website, Facebook, business cards, advertising documents, etc.
Allison Blake Birth Co. retains all copyrights to the images and derivative works thereof.
RETAINERS & SESSION FEES
Your retainer is $ . Dates are not secured until the retainer is paid.
Retainers are non-refundable.
I prefer that all sessions be paid in full at time of booking, however, payment plans are available to those that need them. To participate in a payment plan, you must pay your non-refundable retainer to book your slot. This is non-negotiable.
The remaining portion owed will be broken down into two equal payments, which are due no later than 4 weeks prior to your due date.
If you fail to pay in that time frame, a notice will be sent to you reminding you to pay your balance. You then have 48 hours to pay your balance in full, otherwise your birth session will be cancelled, and you will receive a refund of any payments made, minus your non-refundable retainer. Your non-refundable retainer will not be returned or refunded to you. NO EXCEPTIONS.
In this situation, refunds will be processed to you within 7 - 10 business days.
If you book with me any later than 8 weeks prior to your due date, your payment must be made in full. Even if you pay in full, you are still paying a non-refundable retainer in the amount of $ to hold your session.
Allison Blake Birth Co. requires you to consult your delivering doctor/midwife regarding my services to make sure I am able to be present. Allison Blake Birth Co. also requires you to consult with the hospital/birth center regarding my services to make sure that I am able to be present. If I am not allowed in the birth space, whether it be nurse, doctor, midwife, or hospital/birth center policy, then I cannot move forward with your session. You will be refunded your amount paid, minus your non-refundable retainer. In instances that there is an active pandemic, you must take note of how many people are allowed in your birth space with you as I may not be allowed in. I will not be held responsible for fulfilling my contractual obligations if I am not allowed in. You will be refunded, minus your non-refundable retainer.
I require prior approval from your doctor/midwife and the hospital/birth center where you will be delivering at. Your doctor needs to know about your plans of having a photographer present.
Also, it is important to ask permission to have a photographer present in the operating room if you are planning to or think you may have a cesarean. If I am not allowed into the OR during the birth, this contract is still fully enforceable. If this happens, I will take images once you recover and or come back into your room. No refunds or discounts will be given. No exceptions.
Please keep in mind that not all doctors/midwives or hospitals/birth centers allow photographers in the hospital rooms and/or the OR. Some doctors and hospitals also prevent the photographer from taking photos until the baby has been delivered. This means that I may not be allowed to take any photos while you are pushing. I am not responsible for any missed photos in this situation. Contract is still fully enforceable and no refunds or discounts will be given. It is your responsibility to talk with your doctor and delivering hospital about these policies before you deliver. The photographer abides by all rules set by the hospital/birth center and delivering medical staff. The photographer is not responsible for any loss of photos by following these rules.
It is possible that I allow your birth partner to take my camera into the OR, should you need a cesarean. In this case, I expect that my equipment be treated with respect. If you choose to take advantage of this offer, you would be held liable for any and all damages to my equipment, in the event that something happens. If my equipment is damaged, Allison Blake Birth Co. will send you the bill for repairs/replacement.
Getting prior authorization is YOUR responsibility. If you do not get prior authorization, and the doctor or hospital does not allow me to photograph your birth, your forfeit your session and
you will be refunded any payments made EXCEPT your non-refundable retainer.
Client is responsible to keep in contact with photographer in the weeks leading up to client’s birth.
Keep me updated with appointments and if there are any significant changes in the birth plan.
In early labor: notify me via phone call, so that I can prepare my family.
In active labor: notify me vie phone call, once active labor has been established. I need 1.5 hours from active labor notification to arrive at your birth.
**Make sure to also CALL as texts can easily be missed. If you only text and I miss the birth, I will not be responsible for any refunds.**
Allison Blake Birth Co. is hired as sole photographer. Client’s family and friends can also take photos, but photographer is not responsible for missed shots due to interference.
Allison Blake Birth Co. will not tolerate any emotional, physical or verbal abuse. If an abusive situation arises, Allison Blake Birth Co.reserves the right to leave and keep non-refundable retainer plus all payments made by the client.
Birth is unpredictable. Babies are not on anyone's schedule but their own. While I will do my absolute best to make it to your birth, there is always a chance that I will not make it due to things like work, sickness, attending another birth, etc.
To help with this, I only book one birth each month. This helps limit the possibility of missing your delivery.
I suggest that you let me know as soon as you feel that you may be in labor. This allows me to get everything into place and get child care arranged, if needed.
**Change for 2018 births**
I will be taking on a full-time job aside from birth photography. ( ) are under the full understanding that I may be at work and cannot get away during the labor and birth. Also, if I am at the birth, there is a chance that I must leave early so that I can prepare and arrive to work in a timely manner. In the event of this happening, options are available below for how to proceed.
In the event that I miss your birth, you have three options. Please check one of the following:
(please note that this cannot be changed at a later time and chosen option is fully enforced)
1.) _______I can refund all payments that you made up until that point with no further liability. (If you choose to receive a complete refund, you will be refunded $ and will take 7-10 business days.)
2.) _______I can come to the hospital or your home (whichever I am available for) as soon as I am able and still photograph plenty of beautiful moments with your new baby. This would include a partial refund, the difference between your birth package and a new life session. (If you choose for me to come and photograph a new life session, you will be refunded $ and will take 7-10 business days.)
3.)_______ I can come to the hospital or your home (whichever I am available for) as soon as I am able and still photograph plenty of beautiful moments with your new baby. I would also include a future session (60 minutes,15 digital images, and a 2 week delivery time). A refund, of any kind, is not available with this option. The 60 minute session expires after 8 weeks from delivery date.
I, ________, choose option # ________. We understand that we cannot change our minds at a later date.
*****If client has a precipitous birth and is unable to call photographer with enough notice, this contract is still valid and photographer will come to place of birth to document the moments after delivery. Precipitous births are not the fault of client or photographer. Photographer will document client’s birth story – in this case – a fast and unpredictable birth is client’s story, and no monies will be returned. A new life session in the hospital will be substituted. Absolutely no refund will be given.*****
If you decide to forgo birth pictures, at any time, and for whatever reason, I completely understand. However, any fees paid are non-refundable and non-transferrable to another person or another session since that session was held specifically for you. However, you will not be liable for any more payments if your session was not paid in full.
DELIVERY OF IMAGES
The turn around time for photo delivery is as follows:
Birth Story Collection - 4 WEEKS AFTER DELIVERY
New Life Collection - 3 WEEKS AFTER DELIVERY
I have my own editing style. Part of my craft is shooting your session, and the other part is editing your images. I have my own style and only I choose how the images will be edited.
Please note that I DO NOT change my editing or alter my images based on client preference.
My style is a part of my brand. That cannot be changed.
I often edit my galleries in both black & white and color. Please look at my website and Facebook to get an idea of my style. I do not offer refunds or exchanges (this includes any editing changes or swaps for example: changing photos from color to bw) for any product or service. Please make sure that you like my style before booking.
I will NEVER deliver unfinished products or images. This means that I do not or will not deliver or give out RAW's or unedited images, for any reason. You will only receive final edited photos.
Your final images will be delivered onto your own PASS gallery with the link sent to you by no later than the listed time frames above.
Upon signing this contract, client agrees that photographer’s style and quality of photographs is acceptable. Photographer is not liable for print orders or lab dissatisfaction. I also cannot guarantee the quality of your print orders. If you experience any difficulties with prints through the lab associated with your gallery, please contact them as soon as possible so that they can further assist you.
*If the files from your session ever become lost before delivery, corrupt, damaged, stolen, or undeliverable for any other tragic reason, you will be refunded all payments made, including the retainer with no further liability of Allison Blake Birth Co..*
By refunding all payments made, including the retainer, this releases Allison Blake Birth Co. from any further liabilities. Allison Blake Birth Co. will not be responsible any further once the refund has been made. Allison Blake Birth Co. liability is limited to the paid price of your birth session.
**I do not offer refunds or exchanges of any kind for any product or service.**
This includes, but is not limited to: your session, digitals, prints, gift prints, usb drives, canvases, gallery wraps,
or any other products purchased.
**This also means that I cannot exchange or “swap out” any images or make changes to any edits. Due to the nature of all work involved, all sales and deliveries are FINAL.**
I do not give out refunds based on satisfaction.
I will not offer re-shoots or refunds of any kind based on buyer’s remorse, changed minds, or financial issues.
While an emergency is never expected, they do happen on occasion. Please note that in emergency situations, delivery times may vary.
If an emergency arises, I will alert you as soon as I am able. I will work with you on a new delivery time based on the current situation at hand.
If the session cannot be completed at all, because of an emergency with the photographer such as but not limited to: sickness, out of town, at my other job, etc., all payments made, including the retainer, will be returned and the photographer shall then have no further liability.
*Please note that if I am sick, contagious, or have a fever, I cannot attend your birth. Safety is my number one priority and will not risk getting you or your precious baby sick.*
LIMIT OF LIABILITY
Allison Blake Photography (ABP) is not responsible for any accidents or injuries that clients may incur during your session.
Your involvement and/or participation in this Birth Story session is completely voluntary and you are acting under your own free will.
By signing this release, you understand that Allison Blake Photography and its employees/contract workers, spouses and next of kin, undertakes no direct legal or financial responsibility for your personal safety or well being when you are participating in your session.
*POSSIBLE TLC SHOW APPEARANCE*
If Toni and Brandon Watts are to appear on TLC's show, RATTLED, this contract is still fully enforceable.
Please note that TLC and any of their employees may have their own terms and agreements for shooting.
I, Toni and Brandon Watts, fully understand that TLC may limit or prevent anyone outside of their network or crew to shoot or film before, during, or after the birth. We also understand that if this happens, we will not receive any refund of any kind, if Allison Blake Photography is unable to provide any services due to these circumstances.
I, Allison Blake, will find a mutually agreed upon time with Toni and Brandon Watts, to photograph an in-home documentary session (60 minutes, 15 images, and two week delivery), in the event that I am unable to provide services due to the above circumstances. While this is not required of me, I am doing so out of the goodness of my heart so that they don't miss out on my work completely. This session will expire if not used within 8 weeks from the delivery date. If this session is unable to happen due to restrictions placed by TLC or their crew, then no sessions shall be substituted and no refund, of any kind, will be given.
Furthermore, these images may not be given to TLC or any of their affiliates in any capacity, for any reason. I hold copyright of any and all images I take during your birth.
If TLC or any of their crew/employees request to use any of my works, in any capacity, they must have a written contract with me as well as a paid invoice. You can give them my contact information so that they may make appropriate arrangements.
Toni Watt's Signature:_____________________________ Date:_____________
Brandon Watt's Signature:_____________________________ Date:_____________
Birth Photographer: ALLISON BLAKE
Model: TONI WATTS, BRANDON WATTS, BABY WATTS
Model Email Address: firstname.lastname@example.org
Baby: "BABY" WATTS
I hereby acknowledge that full copyright of these photographs belong to the above-mentioned photographer (ALLISON BLAKE with ALLISON BLAKE PHOTOGRAPHY) with the right of reproduction and distribution.
I grant the photographer the right to take, use, and publish the following: (both clients initial item below)
__________ __________ any and all images taken during our session
I grant the photographer (ALLISON BLAKE with ALLISON BLAKE PHOTOGRAPHY) the right to use and publish video and/or photographs that meet the above criteria on but not limited to: (both clients initial items below)
Website __________ __________
Blog __________ __________
Social Media (including but not limited to: Facebook and Instagram) __________ __________
Print advertising/Promotional materials __________ __________
I will not hold the photographer liable for the use of any of the above mentioned photographs. I release the photographer from all claims and liability relating to video or photographs taken of me.
I have read this model release form carefully and fully understand its meanings and implications.
Client agrees that the photographs created by (Allison Blake with Allison Blake Photography) are the exclusive property of the photographer, and the client will retain no commercial rights or copyright to the images.
Toni and Brandon Watts agree that they are the parents or legal guardians of the minor child and have full rights and authority to grant consent.
Toni Watts signature _____________________________________ date __________
Brandon Watts signature _____________________________________ date __________
Photographer signature _______________________________ date __________
To Whom It May Concern:
I, Allison Blake, am the owner, photographer, and copyright holder of all images taken by Allison Blake Photography located in Colorado Springs, Colorado.
I hereby grant Toni and Brandon Watts my permission to make unlimited prints, for their PERSONAL use, from their portrait session images.
If you should have any questions regarding the authenticity of this document or the terms herewith, please contact me.
ALLISON BLAKE (photographer and copyright holder)
Current Pricing for Contractual Purposes
Birth Story rate: $650 +tax = $703.62
New Life rate: $350 +tax = $378.88
This written agreement is between photographer Allison Blake and clients Toni and Brandon Watts.
Upon signing this contract, a non-refundable retainer of $300 + tax ($324.75) is due.
This retainer is non-refundable due to the photographer holding this date for you and the inability to take on additional clients during client’s birth month.
Upon receiving payment, photographer will reserve client’s birth on her calendar.
The remaining balance of $378.87 (can be paid in one payment or split into two payments) and due 4 weeks before estimated due date.
If remaining balance is not paid 4 weeks before client's estimated due date, the photographer’s obligation to attend the birth is nullified until payment is received. This means that do not have to attend your birth unless full amount is paid.
Photographer’s Signature:____________________________ Date:_____________
Toni Watt's Signature:_____________________________ Date:_____________
Brandon Watt's Signature:_____________________________ Date:_____________