Make sure to carefully read my terms of service, THANK YOU!

 

Your booking will be confirmed once you’ve successfully reviewed and submitted the following contract.

 

For any notifications regarding your birth, please call or text at (831) 566-7225

 

Name and Last Name (required)

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Name and Last Name (required)

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SESSION DETAILS

  The purpose of this photography session is to document an upcoming birth. The photographer should be notified when labor has begun and the midwife has decided it's time to stay.

  I understand that in order to ensure that the photographer is ready and present during the birth, it is important that a notification is sent as soon as suspected labor contractions begin.

PAYMENT

   There are no financial costs associated with this session. The only requirement is that the subject(s) agree to let the photographer (Tatiana Scher) and midwife (Kelly Olmstead) use the images for publicity, marketing, portfolio building, etc.

As a courtesy, the images used by the photographer will be discussed with the family beforehand. However, since the photographer's services are free of charge, I understand that the Tatiana S. and Kelly O. will need at least 20 approved images to use for their portfolio and/or marketing purposes.

PHOTOGRAPHER’S STYLE

   I have reviewed Tatiana's work and have decided to work with her because I am attracted to her style.

  As an artist, the Photographer reserves the right to interpret what she sees and in the way that she chooses when photographing and editing a scene. This may mean that some shots are color, some are B&W. Extra editing requests need to be in resonance with the artist's style and will incur an extra fee depending on the time required to fulfill the request.

IMAGES DELIVERED

  Images presented to the client are the ONLY images available. Specific requests should be addressed during your session consultation; any extra requests presented after scheduling or during the session may not be accommodated.

  There is no guarantee of the number of images presented from a session. Many factors contribute to this, including the cooperation of the subject(s), quality of light, etc.

All images delivered will be available as high-resolution files.

If any of the images are shared by the subject(s) on social media, or any public manner, I understand that ONLY watermarked images can be used OR I will explicitly give the photographer (LIttle Darling Photo) credit for the work.

   I understand that raw files and unedited images will not be provided under any circumstances.

 MODEL RELEASE:

  I understand that Tatiana Scher and Kelly Olmstead may use the photos for any lawful purposes on her photography website, in social media efforts, or for publicity. Other than this, your photos won’t be sold or shared with any 3rd parties.

  Tatiana Scher retains the copyright ownership to each photograph that is taken during the session. You are granted a non-commercial license to use the photographs for personal purposes and are not allowed to modify any images.

  I understand that if I violate the terms of the license by using any photograph in a commercial manner, that Tatiana Scher may revoke my license to use the photograph.

  If one or more subjects are minors, I certify that I am the parent or legal guardian of the minor and that I am legally able to give consent for the minor child. I hereby acknowledge Tatiana Scher’s contemplated use of the photographs and provide permission and authorization to use those photographs, which feature the minor, in any of the above-listed manners.

FAILURE TO PERFORM

   If the Photographer cannot perform this Agreement due to any casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall have no liability with respect to the Agreement.

   If the photographer is unable to perform due to an act of God, or other unpreventable or unforeseeable circumstance, any rescheduling of the photo shoot will be subject to Photographer’s availability. The Photographer will not be liable for any situations concerning Photographer’s limited availability in the event that a rescheduled session is not immediately available.

  This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. Such liability may only be applicable in the event that the parties are unable to reach an agreement concerning Photographer’s cure of any failure to perform..

RELEASE

  In consideration of the services provided by Tatiana Scher, I and any individuals that I grant consent on behalf of, do hereby release, waive, discharge, hold harmless Tatiana Scher, and any other owners, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during the scheduled photo shoot and any other related activities.

INDEMNIFICATION

  I agree to indemnify and hold Photographer, their officers, agents and employees harmless from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of the activities to be carried out pursuant to the obligations of this Agreement, including, but not limited to, my use of the photographs taken by Photographer.

DISPUTE RESOLUTION

  Any dispute between the parties arising out of this Agreement shall first be attempted to be resolved through mutual good faith discussions between the parties. If the dispute is unable to be resolved between the Parties, the Parties may seek resolution through mediation, to be held in Santa Cruz County.

MISCELLANEOUS

  The laws of the State of California shall govern this Agreement, without giving effect to any choice of law or conflict of law provisions. The Parties consent to the exclusive jurisdiction and venue in the courts of Santa Cruz County.

  This Agreement constitutes the entire agreement of the parties regarding the photo shoot and supersedes all prior understandings and instruments on such subject. This Agreement may not be modified other than by a written agreement signed by the parties.
The failure of either Party to enforce any part of this Agreement does not constitute a waiver of that provision or any other provision(s) of this Agreement.

  If any part of this Agreement is held to be illegal, invalid or unenforceable, then that part of this agreement may be modified to be in compliance with the law, while still giving effect to the intent of the parties. All other terms and conditions of this Agreement will remain in full force and effect and will be construed in accordance with the modified provision.

COMMENTS (what do you want from this session, specific suggestions or requests, additional provisions previously discussed)

  I understand and agree to the terms of service specified above.

Client's name (required)

Expected session's date