Birth Contract Surrogate

**Please fill in the following information and read the entire agreement carefully. Once completed, please e-sign the agreement & check the box stating that you have read and agree to the terms of this photography Contract.

Surrogate Birth Story

This contract reflects a relationship between photography contractor, surrogate, and intended parent(s). All photographs will be taken by a primary and/or back-up birth photographer (generally referred to as “birth photographer” or “photographer”), which are agents of the photography contractor. All parties must agree to the attendance of a birth photographer and to the following terms before Samantha May Photography can attend and document birth story.

SURROGATE DETAILS

INTENDED PARENT/S DETAILS

SESSION INFORMATION

FINANCIAL RESPONSIBILITY

The Financially Responsible Party will hereafter be referred to as “client.”

BIRTH PHOTOGRAPHY INCLUDES

• On-call time from 38 weeks until birth of baby
• Photography during active labor until 2 hours postpartum
• Editing of images, chosen by photographer – black and white and/or colour
• High resolution and web resolution files {watermarked}
• Specific package options as listed in our price guide and selected by client

1. This agreement is between Samantha May Photography (the “contractor”) the surrogate and the intended parent/s (as above).
Upon signing this contract, a retainer of 25% is due to the contractor. This retainer is non-refundable due to the photographer’s 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 is due at 37 weeks gestation. If remaining balance is not paid by 37 weeks, the photographer’s obligation to attend the birth is nullified until payment is received with the exception of a payment plan that is already in place and agreed to by both the client and Samantha May Photography.

2. Due to the unpredictable nature of birth, Samantha May Photography works with back-up birth photographers. In the event Samantha May Photography cannot attend client’s birth for any reason, or if she needs to leave after 12 hours of coverage, a back-up photographer may be sent to client’s birth. In the event a back-up photographer is not able to attend, the financially responsible party (either surrogate, intended parent, or both as specified above) will receive a refund of payment made, minus retainer. Samantha May Photography works with Sarah Lentz as the primary back-up photographer.

3. Client is responsible to keep in contact with Samantha May Photography in the weeks leading up to client’s birth. Keep Samantha May Photography updated with appointments and if there are any significant changes in the birth plan.
• In early labor: notify Samantha May Photography via call or text, so that she can prepare accordingly. If photographer doesn’t respond to text, please call.
• In active labor: notify photographer once active labor has been established. Photographer needs 2 hours from active labor notification to arrive at client’s birth.

4. If surrogate has a precipitous birth and the client is unable to call photographer with enough notice, this contract is still valid and photographer will come to place of birth as soon as reasonably possible after notification in order 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. Photographer will deliver the same amount of images as agreed upon in this contract.

5. It is the client’s responsibility to ensure place of birth (hospital, birth center or home birth midwife) is aware of the birth photographer and doesn’t have guidelines against birth photography. The birth photographer is not responsible for any missed shots due to medical staff. If the client has a c-section or is an emergency situation, it is client’s responsibility to discuss photographer’s presence in the operating room (OR). If photographer is not allowed in the OR, contract is still fully enforceable. Photographer will document client’s story from the vantage point that she’s allowed access to by hospital staff.

IN ADDITION

6. The client authorizes Samantha May Photography to arrange the photography in accordance with the details listed above. I/we are satisfied that these details are correct and I/we understand there is a three (3) working day cooling off period (before any photography is commenced) and for any orders placed.

7. I/we have received, read and understand Samantha May Photography’s price list, which has been confirmed for our assignment upon payment of the retainer.

8. The details listed here form part of this agreement and I/we agree to make every effort to cooperate in order for Samantha May Photography to fulfil it’s contracted photographic duty. I/we acknowledge Samantha May Photography cannot accept responsibility for the “extent” of the photographic coverage if these details are incorrect or if I/we choose not to follow the agreed to contract

9. Samantha May Photography is serving as sole photographer. Client’s family and friends can also take photos, but Samantha May Photography is not responsible for missed shots due to interference.

10. If the Photographer is unable to perform due to sickness, emergency, or causes beyond photographer’s control, the photographer and client shall attempt to schedule a replacement session (fresh 48, newborn session, etc.). If an agreement cannot be reached by photographer and client, the contractor agrees to return payments made (minus the retainer). The photographer will have no further liability. If the photographer is not able to deliver the agreed upon images due to a technical malfunction of her photography equipment, the contractor’s liability is limited to the price of a birth session.

11. The contractor holds all artistic rights to images captured during a birth session. Photographer will decide how she wants to edit each photograph. Intended Parent(s) and surrogate agree to not alter images in any way (this includes filters used on social media). Intended Parent(s) and surrogate agree to not crop images. If Intended Parent(s) and surrogate desires additional editing on any file, the contractor reserves the right to charge $25 per file.

12. Neither photographer nor contractor is liable for any dissatisfaction of the final product as long as it represents photographer’s style and work in photographer’s portfolio. Client is responsible for viewing photographer’s portfolio. Upon signing this contract, client agrees that photographer’s style and quality of photographs is acceptable. Photographer cannot guarantee print quality unless images are printed through contractor’s professional lab. Photographer is not liable for outside lab dissatisfaction.

13. The client agrees to indemnify, defend and hold harmless the contractor and photographer against any and all damages, liabilities, and costs (including attorney fees) asserted against or suffered by the contractor and/or photographer relating to any breach by the client of any term of this agreement. The contractor and/or photographer shall also have the right to seek an injunction to prevent any violation of this agreement.

14. Samantha May Photography holds copyright for all images taken during the birth session. 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. Photos and prints are for personal use only. Samantha May Photography obtains the irrevocable right to utilize photos from your birth session for industry competitions and as required subsequent usage and for reasonable general promotional advertising for Samantha May Photography. The usage for any other purpose is to be renegotiated between the parties and requires specific permission by us.

15. MODEL RELEASE: I/we hereby assign and grant Samantha May Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs of our birth session in which we may or may not be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. I/we hereby release Samantha May Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Samantha May Photography may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in shopping centre’s, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Samantha May Photography.

16. As Samantha May Photography owns the Copyright, I/we agree not to copy, cause to be copied or allow anyone else to copy, photocopy, laser copy or computer scan these images. To do so is in breach of this agreement. I/we will use these photographs as agreed and understand they may not be copied or reproduced unless written approval had been granted by Samantha May Photography.

17. The negatives/digital files remain the property of Samantha May Photography and will be kept on file for a period five (5) years for re-orders. I/we may negotiate with Samantha May Photography for release of the negatives/digital files.

Regarding re-ordering photographs, I/we also understand that:

18. Orders must be placed within fourteen (14) days of receiving our gallery otherwise prices current at the time of ordering will apply.

19. All orders must be confirmed in writing and accompanied by full payment unless prior arrangement with Samantha May Photography had been made. Telephone orders require written confirmation with payment before the order can be processed.

20. All orders shall remain the property of Samantha May Photography until full payment has been made. Orders cannot be separated for collection unless paid for in full.

21. Should I/we fail to pay and collect any order within fourteen (14) days of notification of completion, the order shall be in default and Samantha May Photography shall charge a default fee of 1.5% per month (18% annual rate) on the unpaid balance (minimum monthly charge of $5.00). In addition, I/we acknowledge that no future orders will be processed until the order is paid in full.

22. All reasonable freight and postage that we request will be paid by us.

23. Samantha May Photography has no control over the environment in which the photographs are kept and that colour photographs, in common with all sensitized material and colour dyes, have limited life expectancy which is minimize when exposed to strong and prolonged sunlight, heat or fluorescent light sources. Photographs will last longer when displayed under better lighting conditions.

24. As the photographs made by Samantha May Photography are manufactured with the finest materials currently available, Samantha May Photography unconditionally guarantees them. If in your opinion any photograph made by Samantha May Photography has lost it’s original colour, Samantha May Photography will replace the photograph for fifty per cent of the current selling price. The original photograph must be returned and the reprinting charge paid in advance. This warranty will be valid for as long as Samantha May Photography has in its possession the original files in a printable condition.


25. Samantha May Photography shall carry out this assignment with due and professional diligence. Elements beyond Samantha May Photography’s control include the demeanor of the subjects, faulty material, equipment failure, damaged media cards, loss of photos in transit between Samantha May Photography and professional laboratories employed by Samantha May Photography, loss or damage to negatives/digital files and proofs during processing and developing either by Samantha May Photography or professional laboratories employed by Samantha May Photography, industrial disputes, civil disturbances or weather conditions which may inhibit or prevent Samantha May Photography completing in whole or in part this assignment. In this case Samantha May Photography shall not be liable for its complete performance of the assignment.

26. It is agreed that the liability of Samantha May Photography shall be limited to be a refund of any money paid (minus retainer) under this agreement which shall be in full & final satisfaction of any damage or loss suffered.

27. Photographer will not tolerate any emotional, physical or verbal abuse. If an abusive situation arises at the reasonably discretion of photographer, then photographer can leave and the retainer and any balance will be kept.