A Brief Introduction About the Birth Photography Contract
Capturing photographs of a newborn can be the most challenging job for local newborn photographers. Whether you have started a photography business, or have been involved in this field for quite a while, you must draft a birth photography contract before settling a deal.
A detailed photography agreement features the specific details of each party, preparation, styling, travel charges, late arrival fee and penalties, cancellation of the deal, artistic rights copyright, failure to perform, and other crucial elements. It is important for both parties to understand all the terms given in the contract and sign this agreement to build a healthy relationship.
Who Takes the Birth Photography Contract?
The birth photography contract is signed between the client and the photographer. The client requests the photographer to click pictures of the newborn baby. According to the client’s requirement, the photographer can be asked to capture the labor, the birth of the child, and pictures of the family after delivery. The client is supposed to notify the photographer during the labor and birth to ensure that the photographer reaches the care center on time.
Purpose of the Birth Photography Contract
A newborn photography contract is drafted and signed by the client and photographer. The main purpose of the contract is to avoid future conflicts and possible misinterpretation. The agreement contains details regarding the expected labor date, the types of photographs to be clicked, copyright terms, editing and styling of the pictures, submission date, fees and charges, and so on.
To ensure that both parties carry out the photography project legally, this is important to draft the contract and get it signed by each party involved.
Contents of the Birth Photography Contract
The major components of the birth photography contract are as follows:
- Specifics: Like in all other contract forms, the first section of the newborn photography contract is the specifics, i.e., the name, address, and contact details of the parties involved in the contract. In this agreement, the client’s and the photographer’s personal information should be specified.
- Work product: The type of images required by the client, the client’s expectations, date of the photograph submission, the mode of delivery, quantity of pictures, type of camera used to click the photographs, editing style, extra fee for editing and styling, and other such photo submission and capturing details are to be specified under the Work Product section.
- Privacy: The privacy section imposes restrictions on the distribution of the images to a third party. The photographer has to ensure that all the images are edited using a secure computer and equipment. Unless the client is fine with the public view of the birth photographs, the photographer cannot reveal any picture to anyone other than the client. Moreover, the photographer cannot store any RAW image of the birth pictures on their desktop or mobile.
- Copyright: The photographer can ask for authorization for the display of images. The image authorization can be classified into two categories – private view and public view. By giving the public view rights, you are allowing the photographer to use the pictures on their website and magazines. Private views allow the photographer to use these pictures for albums and portfolios only. Without authorizations, the photographer cannot use the pictures for public display purposes.
- Payment and Fees: This section describes the fees charged by the photographer for the services sold to the clients. If the photographer asks for a security deposit, i.e., an upfront fee, then the fee amount must be mentioned in the contract. Furthermore, the due date for the final payment and pending amount should also be specified under this section. In most cases, the photographer has the right to use the photos for public display purposes if his payment is not cleared by the due date.
- Terms of Service: Terms of services feature the necessary obligations that both clients and photographers have to follow.
How to Draft the Birth Photography Contract?
You must review the birth photography contract template before creating the agreement form. The sample has all the details and points that must be specified in the contract. You can create the contract by adding:
- Terms and Conditions: Terms of the contract that each party has to abide by. These terms can include the client’s expectations, photograph submission, and other details.
- Basics: The contract must have the basic details such as the name and address of each party, the date of the labor and delivery, types of pictures to be captured, etc.
- Security: This section should contain the copyright and privacy policy of the contract.
Negotiation Strategy
Both parties must understand all terms specified in the contract and sign the agreement after mutual consent. The contract will act as evidence of your deal in the future.
[ Also Read: Event Photography Contract ]
Benefits & Drawbacks of the Birth Photography Contract
Pros :
- Avoids Conflicts: The labor and delivery photography terms are clearly specified in the document. Should any conflict arise, the parties can use the contract to prove themselves.
- Ensure Legal Relationship: By signing a newborn photography contract, you can execute the deal legally.
Cons:
Waste of Time: It can take days for the client and photographer to draft and understand the Newborn Photography contract.
What Happens in case of Violation?
Failure to reach the care center on time, inappropriate photographs, failure to fulfill the client’s expectations, delayed payment, and failure to abide by the terms and services of the contract can result in a violation of the agreement(1). If the contract is violated, the deal between the client and the photographer will be terminated.
The photographer must check the sample photography contract and draft a detailed agreement that features all the important terms. The newborn photography contract must be signed before a deal is settled.