This agreement contains the entire understanding between the BRI ELIZABETH PHOTOGRAPHY and the CLIENT. 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 parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
A signed contract and retainer are required to reserve the dates and times of the birth (40%). The retainer guarantees BRI ELIZABETH PHOTOGRAPHY's best effort to attend the birth up to two weeks prior to the CLIENTS expected due date and one week post the CLIENTS expected due date (38 weeks- 41 weeks gestation). Should the CLIENT need emergency medical intervention in which the BRI ELIZABETH PHOTOGRAPPHY cannot be present, this is not at fault of the PHOTOGRAPHER and the retainer is not returned. If the CLIENT goes into labor prior or after the reserved time as mentioned above, the PHOTOGRAPHER will make best efforts to be in attendance. In the event the PHOTOGRAPHER cannot attend a birth outside of the reserved time, the retainer is not returned.
The CLIENT agrees to contact the PHOTOGRAPHER upon admittance to the hospital, in which the PHOTOGRAPHER has an agreed amount time, 1 hour, to arrive at the hospital. The CLIENT agrees to give appropriate contact (i.e. beginning of contracts, travel to hospital) in order to give the PHOTOGRAPHER appropriate time to prepare for the birth. If the CLIENT does not provide appropriate communication, the PHOTOGRAPHER cannot be held liable for missed events. Other arrangements are to be agreed upon by the PHOTOGRAPHER and the CLIENT. The CLIENT understands that between the hours of 9pm-8am the CLIENT's cmmunication with the PHOTOGRAPHER must be via phone call, not text or e-mail.
The CLIENT understands the nature of the environment and the service. If at anytime, the photographer’s presence becomes of interruption to the events, the PHOTOGRAPHER is not responsible for lost time of events or photographs. The CLIENT understands that this event is of medical nature and should unforeseen events occur that inhibit the PHOTOGRAPHER from doing their job, this is not in control of the PHOTOGRAPHER.
Shooting Time/ Interuptions *
The CLIENT and the PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Unless otherwise agreed upon, the scheduled start time occurs once the CLIENT has been admitted to the hospital and in active labor, until approximately 2 hours post natal. The PHOTOGRAPHER understands and accepts on call status 24/7 for the aforementioned agreed upon time (38-41 weeks gestation).
The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive guests, weather conditions, incorrect addresses provided to the PHOTOGRAPHER, medical interventions, or restrictions of the locations. The PHOTOGRAPHER is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The PHOTOGRAPHER is not held liable for missed coverage of any part of the EVENT(S). The PHOTOGRAPHER will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S). The PHOTOGRAPHER is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the PHOTOGRAPHER. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the PHOTOGRAPHER will offer technical recommendations only. This includes lighting at the clients comfort, space available, and permissions where the PHOTOGRAPHER can be.
The copyright to all images remains the sole property of Bri Yankowski Photography, and all copyrights are protected by federal law. These edited images will be available 4-5 weeks after the Session has taken place. If images will need expedited, such issues must be discussed and agreed upon by Bri Yankowski Photography no later than the time of the Session. High-resolution digital copies of images will be accompanied by a limited use license, allowing Client to print high-resolution digital images for personal use only. Any alteration of digital files (including filters such as those on Instagram) or printing without a release is a violation of Bri Yankowski Photography's copyright to the images. Client agrees not to print without a release or alter any digital images. Any commercial use of Bri Yankowski Photography's images by Client must be covered in a separate agreement. Nothing in this agreement is intended to allow commercial use of Bri Yankowski Photography's images by Client. Under no circumstances will Bri Yankowski Photography release RAW and/or unedited files to Client.
Model Release *
The CLIENT hereby assigns the PHOTOGRAPHER 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
Delivery/ Post Production *
The PHOTOGRAPHER is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER.