Birth Terms And Conditions

It is agreed that the following contractual terms and conditions set out the total agreement made between the parties, and that no variation or modification of this contract shall be effective unless agreed by both parties in writing. Elizabeth Farnsworth Photography is currently owned and operated as a sole proprietorship by Elizabeth Farnsworth.

What Birth Clients Will Receive:

* Your birth package includes one consultation with your photographer prior to labor, your photographer being on call 24/7 two weeks before and after your due date, and every reasonable effort to capture the last hours of active labor and delivery, and up to 2 hours after the birth;

* 1-3 approved teasers to be shared on Facebook within 24 hours of your birth.

* A minimum of 75 hand-edited images  (approximately 100-200 depending on length of birth session) that best represent your birth story.

* An online download of high resolution images with print release.

* A free birth story slideshow for those clients comfortable sharing their birth story on www.ElizabethFarnsworthPhotography.com . If you would like to keep your slideshow private, you can still purchase your custom slideshow for $199.

Payment
Half of the total session fee is needed to reserve a space on my calendar as I am only able to book a few births per month in order to help ensure the births do not overlap.   This booking fee is nonrefundable. The remainder of the fee is due by 38 weeks and can be paid in multiple payments. Full payment is required before your photographer goes on call for your birth. In the event of premature delivery, contact your photographer as soon as possible to see if she is available to attend your birth and discuss payment options. If prices change during your pregnancy, the price at the time of your booking/deposit is the one that will be honored.

Payments can be made by cash (in person), or through PayPal using the email address of [email protected]. It is recommended that the client retain proof of payment for all transactions.

Cancellation/Postponement
If the client decides to cancel the birth session prior to 38 weeks, the photographer will refund any payments made that exceed the initial 50% booking fee, which is nonrefundable. In the event that your pregnancy becomes high risk and your birth is moved to a neighboring hospital, the photographer must be contacted immediately to discuss the possibility of continued services or cancellation and any necessary travel expenses should you choose to retain the photographer’s services. If the session is cancelled due to a high risk birth being moved, payments that exceed the 50% of the initial booking fee will be refunded. Cancellations after the photographer goes on call at 37 weeks will result in full payment due. This includes clients who after 37 weeks discover they will need a cesarean section and choose not to have their birth story captured.

Coverage, Attendance, Emergency Situations
Coverage begins at active labor and/or whenever the photographer arrives at the place of birth and continues up to two hours after the birth. It is the client’s responsibility to remain in close contact with the photographer during the early stages of labor, immediately before leaving for the place of birth, and when the client’s doctor/midwife has confirmed active labor. It is recommended that the photographer be updated with details about any and all procedures during labor, including but not limited to medicines for induction, rupture of the amniotic sac, and pain medications. Failure to update the photographer throughout labor may result in the photographer not arriving in time to capture labor and delivery images; this will result in a breach of contract and no refunds will be given. Depending on your location, it can take your photographer up to two hours to get to your place of birth.

The photographer will make every reasonable effort to take all requested pictures; however no specific pose or photograph can be promised, and due to the unpredictable nature of birth, hospital policies, and obstacles out of the photographer’s control, labor, delivery, and postpartum newborn pictures may not always be a possibility.

It is the client’s responsibility to confirm in advance that a photographer is allowed at your birthing facility and with your doctor. Elizabeth Farnsworth Photography is limited by the hospital and doctor’s policies which could affect your photos. If the photographer shows up for the birth, but is not allowed to take pictures, you will still be responsible for all fees. If you are planning a birth at home or in a birthing center, please check with your midwife and the backup hospital in case of transfer.

The photographer will document the birth as best possible with the ambient lighting available in a photojournalistic style. Elizabeth Farnsworth Photography rarely uses props or flash out of respect for the birthing mother, newborn, nurses, doctors, staff and hospital policies when applicable. Because of this, there may be low light situations causing images to appear more raw, perhaps with a bit of film grain or motion blur.

If the planned delivery method changes due to treatment or urgent medical attention for the mother or baby (i.e. C-section), the photographer might be required to leave the delivery room for the remainder of the labor and delivery. The photographer will remain close by to capture photos of family and friends waiting for the baby’s arrival, and will return to shooting photos of the newborn as soon as the medical staff allows. Keep in mind that the most important thing is that you have a safe delivery, and ultimately your doctor and nurse’s job is more important than that of the photographer.

Birth is inherently unpredictable and there will be situations in which labor, delivery, and/or first moments may not be captured. The only situation in which a refund may become an option after 37 weeks is if the photographer fails to make a reasonable effort to attend and photograph the birth and/or first two hours following birth. Regardless of how things play out, it is the responsibility of the client to contact the photographer to capture as much of the birth story as possible. If at any point after 37 weeks the client discovers that a c-section is necessary, it is the client’s responsibility to gain permission for the photographer to be allowed into the operating room; the inability to capture labor or birth will not result in a refund. A cesarean is still your baby’s birth story and the photographer will capture all details possible.

Liability
In the event of the photographer being unable to attend your photo session due to unforeseen circumstances such as illness or emergency, Elizabeth Farnsworth Photography will return any deposit or sitting fee to the client, but shall have no further liability with respect to the contract. In the unlikely event of total photographic or equipment failure, photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer, or cancellation of this contract by either party or in any other circumstances, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. In the event that the photographer fails to perform for any other reason, Elizabeth Farnsworth Photography shall not be liable for any amount in excess of the monies paid. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals.

While the photographer places a high priority on the safety and health of all clients, the client agrees to not hold Elizabeth Farnsworth Photography responsible for injury or exposure to any illness during a photo session. Great care will be taken to keep clients safe.

Display and Model Release

Elizabeth Farnsworth Photography will choose images to be added to portfolios, displayed on www.ElizabethFarnsworthPhotography.com or Facebook, or used in business advertising, with a signed model release. You/your chosen family members and Elizabeth Farnsworth Photography are the only ones who will see the images that are not chosen for public display. Contact Elizabeth Farnsworth Photography at any time to request that images be removed. While a model release allows the photographer to use these copyrighted images for advertising and contests, out of respect for her clients’ privacy, all efforts will be made to ensure the client is completely comfortable with images chosen for public display. While a model release is required for all clients for any images that are shared, a client is under no obligation to share images from her birth.

Images
Elizabeth Farnsworth Photography will provide high resolution digital files of selected images via online download. Images shared through the online download can be accessed by a private username and password provided by Elizabeth Farnsworth Photography and will remain available for download for a minimum of 60 days.

The photographer shall be granted artistic license in relation to editing.

Clients are welcome to tag and share teasers on Facebook as well as use them for profile and cover photos. Due to degradation of image quality, images should not be downloaded from social media. Images may not be cropped or altered in any way without permission from the photographer. Photo credit must be given for all online/public use of images. Please contact the photographer if you prefer that an image be removed from either of these websites.

Image manipulation
The Client may not crop, alter, or manipulate an image by means of computer or any other technique without the written permission of Elizabeth Farnsworth Photography.

Copyright
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of Elizabeth Farnsworth Photography. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of Elizabeth Farnsworth Photography.

Images shared on social media sites must include the official Elizabeth Farnsworth Photography logo and/or the client must provide a link to www.ElizabethFarnsworthPhotography.com and/or www.Facebook.com/ElizabethFarnsworthPhotography , and cannot be cropped or altered in any way without written permission from Elizabeth Farnsworth Photography.

You will have printing rights for the images that you purchase from the photographer, but Elizabeth Farnsworth Photography retains the original copyright to the photos.

Elizabeth Farnsworth Photography will not sell these images to any third party without additional consent from you.

Reproduction Rights
The client is obtaining jpeg files for personal use only and shall not sell digital files or prints or authorize any reproductions thereof for financial gain by parties other than Elizabeth FarnsworthPhotography. Printing and sharing rights for personal use are otherwise unlimited in size and quantity. Permission must be gained for commercial use of images and credit should be given to Elizabeth Farnsworth with Elizabeth Farnsworth Photography, including a link to www.ElizabethFarnsworthPhotography.com. Written permission is required before any images are entered into contests.

Privacy
Because birth is such a private and intimate event, Elizabeth Farnsworth Photography will take extreme care in protecting the family’s privacy. While it is required to sign a model release for images that you approve for use by Elizabeth Farnsworth Photography, no images from your birth session will be shared without your approval. Should a client fail to pay in full, the photographer assumes full use of all images without client permission.

Elizabeth Farnsworth Photography will not sell or pass on your phone number or email address to anyone else. When images are downloaded from Elizabeth Farnsworth Photography’s server, Elizabeth Farnsworth Photography will not be held responsible for any hacking or other activity that bypasses this process. While a breach is highly unlikely as Elizabeth Farnsworth Photography uses a private server, clients have the option of providing the photographer with a thumb drive to be used in place of the online download. Log in information for an online download will be provided to the paying client. Sharing of online access is at the risk and responsibility of the client. Should technical support be required to access your files, your log in information will be shared with a trusted individual for the purpose of troubleshooting, but who will not view the client images.

Complaints
The client should raise any complaints with Elizabeth Farnsworth Photography and put in writing within 14 days of receiving anticipated images. No refunds will be entertained for any reason after this period.

Photo Storage, Back-up, Printing
If the client purchases digital images on disc or thumb drive, storage and back-up of the photos becomes the client’s responsibility. Elizabeth Farnsworth Photography cannot guarantee your images will be stored for any duration. Be prepared for images to be deleted after delivery and confirmation that the images on your disc can be opened. Because the images might not be retained, Elizabeth Farnsworth Photography stresses the importance of copying/backing up the image disc that you are given in multiple locations and in additional formats such as online or on a hard drive. Elizabeth Farnsworth Photography is not responsible for the failure of the disc or thumb drive due to mishandling. Digital media will change over the years and you are responsible for ensuring your images are stored on new media as necessary.
Elizabeth Farnsworth Photography recommends that you use a professional printing company such as MPix.com or NationsPhotoLab.com to ensure high quality and correct colors in your prints. Other reputable printers include: www.MillersLab.com, www.CGProPrints.com, www.WHCC.com, and www.SimplyColorLab.com.