Although I try to anticipate the most important moments in a birth, I cannot guarantee that I will capture each of your shots listed, but I promise to make every effort.
This form is for the Tucson Bump to Baby package OR the Fresh 48 package
This package includes: This package includes: 1.5 hours of photographing maternity shoot, 3 outfit changes, location of choice (up to 25 miles from Deltona), 2.5 hours shooting fresh 48, and 1.5 hours of photographing newborn at home photos. Up to 100 digital edits total, copyright release, online access. (Some props will be provided for maternity and newborn at home photos, but if there is something specific please speak to the photographer.)
I can travel to Halifax, Ormond Hospital, Altamonte, and Arnold Palmer.
Photographer and Client:
The photographer will be available from 38 weeks until you have your baby. Should you go into labor before 38 weeks, the photographer will arrive once baby is born, but cannot guarantee availability. It may take longer for the photographer to arrive prior to week 38 due to personal arrangements not being set-up. If the photographer is unable to attend due to pre-term labor, fees will not be refunded.
Balance must be paid at 38 weeks for the package, unless payment plan has been previously agreed upon between the client and photographer.
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this agreement.
It may take 1-3 hours for the photographer to join you. Fees are not refundable if you fail to let the photographer know when you are in labor. As soon as you believe you are in labor, you need to let the photographer know so she can plan accordingly. The photos are to be taken the next day at the hospital should your doctor approve.
Birthing Facility Guidelines:
Please confirm that photography is allowed at your birthing facility prior to your birth. Please also know that the photographer is limited by the guidelines of the facility and/or the delivering care provider. Negotiation for moderation of the guidelines is the Client’s responsibility. The photographer will do her best to capture the best possible images. However, low lit or dark situations may cause the images to be more raw than some images you are familiar with; perhaps with a bit of motion blur or graininess. The photographer will provide a mix of black & white and color photographs. There is no guaranteed number of images to be delivered to the client, during the fresh 48 photoshoot. The client shall receive up to 100 photos total.
Antler and Aspen Photography shall be the only hired photographer for this event. Family members and friends are permitted to take photos, but photographer will not be held responsible for images missed due to family or friend interference.
In the unlikely event that the photographer is unable to photograph the birth due to illness, injury or emergency, every effort will be made to secure a photographer. The photographer takes the utmost care with respect to exposure, transportation, and processing of the photographs. However, in the unlikely event that the photographs have been lost, stolen, or destroyed for reasons beyond the photographer’s control, the photographer’s liability is limited to payments returned for the photography portion of the package. The photographer will make every reasonable attempt to capture your experience to the best of the photographer’s ability and within the confines provided by the doctor/midwife and/or hospital policy; however, the photographer will not be responsible or liable if specific shots, poses or angles are not captured. Failure to capture specified shots, poses or angles or general dissatisfaction will not result in partial or full refund of the monies paid. All situations are different and will be resolved according to the issues that have arisen.
Should any of the clauses, sentences, paragraphs, sections or parts of this agreement be deemed invalid, or unenforceable by a court of law with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this agreement.
Copyrights and Model Release:
The photographs produced by Antler and Aspen Photography are protected by Federal Copyright Law (all rights reserved).
Antler and Aspen Photography reserves the right to use any image for display, publication, or other purposes; this includes the posting of certain images on advertising materials that include Antler and Aspen Photography's website, Instagram page, Facebook page, and printed media. Antler and Aspen Photography will honor any requests by the family for not using certain images when necessary, and will use utmost care in choosing appropriate pictures for marketing.
With this package, you receive limited copyright ownership of the images under the following conditions: You may reprint any images for personal use and you may share them online with your family and friends. If you are posting the images online, I would prefer you to use watermarked images. I can supply these upon request. You may not sell these images, use them for commercial use, edit them, or claim them as your own. The photographer takes great care in editing images, and the quality is important; scanning or altering of images can depreciate their value. Antler and Aspen Photography maintains copyright of the photos. The client hereby grants Antler and Aspen Photography 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 Antler and Aspen Photography from all claims and liability relating to said photographs.
Any images containing nudity will not be presented to the public under any circumstances. Images containing partial nudity will be presented to the client for approval prior to public release of images.
Digital processing takes approximately 5-7 business days. Pictures delivered via online gallery will be available for 60 days once posted. Please download the images and save them in more than one location. The photographer does not save your images once they are delivered. Your online gallery will expire automatically 60 days after delivery. If you should want the gallery re-open after it has expired, you will incur a fee of $100 to have it reopened. Print and product prices are subject to change until order has been made.
Failure to specifically speak to the Photographer and receive a response shall not hold Photographer responsible for missed coverage. Texts, voicemails, social media and other messages do not constitute valid notification.
Any additional hours will be billed at $60 per hour with payment due in 30 days or before images are released. I usually need approximately two hours (depending on traffic) to get to you from the time you ask me to come. It may take as long as three hours, though. We will also decide where to meet- at your home, the hospital or the birth center.
The client agrees to release, protect, indemnify and hold harmless Antler and Aspen Photography, her respective heirs, agents, employees and assigns from and against any and all claims, demands, causes of action and damages, including attorney's fees, resulting from any emergency, accident, incident or occurrence arising out of, or related to any loss, damage, or injury, including death, that may be sustained by the client or other individual on the premises, or any property belonging to the client or other individual, whether caused by the negligence of Antler and Aspen Photography, or otherwise, during the labor and birth as detailed below, at the location where the birth takes place, including but not limited to a hospital, birthing center, or residential location.
This release applies during the time Antler and Aspen Photography is permitted on the premises to photograph the Fresh 48.
Retainer and Payments: Retainer as stated above due at signing. Remainder due no later than 38 weeks of pregnancy. Client can pay by check, cash, or credit card. Credit card payments can be paid online through an invoice sent by the photographer and are subject to a 2.7% convenience fee. Checks can be made and mailed to: Kelly Duff, 3104 Utah Drive, Deltona, FL 32738
The package can also be purchased via the 'Packages' section of the website. There is an option to pay the deposit in advance as well as pay in full.
I/We have read this contract describing the photographer’s services and agree that it reflects the discussion we had. Please electronically sign if you agree with this contract.
If you have any questions, comments, or concerns please address them in this text box. You are not required to sign the form until all questions/concerns have been thoroughly answered.