Contract- Birth

I love the pure and raw emotions associated with birth. It’s a very beautiful experience to capture a mother’s and father’s joy the first time they look at their child, hold their child, feed their child or the first time a parent is able to present their child to a grandparent. I am behind a lens so that those involved in the birth can experience the birth first hand and soak up the fresh moments happening in front of them.

I am honoured to photograph every birth journey and always respect a woman’s birthing space. I become part of your birth team and respect your needs in labour. As a doula, if I see a need to help out, I’m happy to step in and lend a helping hand, or I’m happy to be as intrusive as possible and becoming invisible.

Package Options

This deposit holds your spot in my birth calendar and covers my on-call time. If you cancel my services at any point leading up to your birth, this fee is non-refundable. The remaining fees for chosen package must be paid by 37 weeks. Cash, cheque or etransfer accepted.

SIMPLICITY JOURNEY
Each labour is unique and beautiful. I will join you in active labour and stay until 2 hours post birth to capture all the firsts and family visitors.

personal meet and greet in my studio or over skype
100 full size digital images
slideshow of images to music

PHOTO & FILM
Bring your birth story to life with video clips. Your birth story will be edited into a fusion of photos and video that will help you remember the sound of your baby's heart beat, your partner's encouraging words, your baby's first cry.

personal meet and greet in my studio or over skype
100 full size images
custom video including audio, text and music.

HEIRLOOM STORY
Your family story will be captured and remembered through film and a custom album that will be your child's personal storybook of their journey into this world.

100+ images edited in colour and black/white
feature film including video and photos
includes raw video clips
Maternity session
Newborn session
USB loaded with all raw video footage
Heirloom 10x10 album (30 pages)

PAyment

---Conditions of Payment---
-All payments are due at 37 weeks pregnant. If you have an outstanding amount owing at time of delivery, photographer will still attend birth but will not begin to edit photos until payment is received in full.
-Please note that receiving the digital files does not give you permission for licensing.
-Please do not edit or apply filters to any images.
-Please do not submit any photos to an online or in print forum without my permission. All photos are given to the client for personal use, personal printing only and personal sharing on social media with credit to the artist. If you wish to be featured in media, please direct media requests to photographer.
-Online gallery will be available for download for 30 days. Please download photos within 30 days of gallery delivery. Please back photos up on your personal hard drives.
-Photographer is not responsible to keep photos once 30 days passed gallery delivery.

INCLUDED

Each birth story includes approximately 100 images although photographer reserves the right to include final number of images. Final number of images depends on length of birth and events of birth.

Photographer can not guarantee inclusion of any certain images in birth story. Although photographer tries to capture all events in the birth event, photos provided depend on each birth’s unique circumstance. For example if medical events don’t permit photographer to photograph at that time, or if staff steps in front of camera, photographer will not be liable for any moments not photographed.

Photos will be colour corrected and edited according to photographers preference. Any additional edits requested by client (including heavier edits like head swap, background removal, etc) will be billed additionally. Please inquire with photographer for additional editing fees.

Raw photos and video footage is not included and may be purchased additionally (Although video clips are included in Heirloom package.) Raw video birth footage may be purchased as a lump sum for $500. Raw footage is for personal use only and may not be shared publicly.

Slideshow | Film

Slideshow provided is created by photographer and designed according to her artistic inspiration. If clients has any requests regarding slideshow (including music, voiceover or text,) photographer requests you make them within 2 weeks after the birth so they can be included in the first draft of the slideshow film.

Slideshow films can range from 5 minutes-8 minutes depending on length and events of birth. Slideshow film will be delivered within 8 weeks of birth. At this time, client has the opportunity to request edits including removal or inclusion of more graphic birth images, and text changes. Client may only request 1 set of edits.

Slideshow will be uploaded to Vimeo where clients can choose to keep it a private link or make it open in order to share it with friends and family. Photographer appreciates when clients are willing to share their birth stories as it is how you were able to see photographer’s work and also serves as an inspiration to many women that follow Cradled Creations. Privacy requests will be respected.

WHEN TO CALL

Please program my number into your phone so that you do not need to look it up once labour begins. 604-217-2398. Near the end of your pregnancy please text me updates once you have been checked by your doctor or if you feel labour may be coming on. At the onset of labour, please call or text me immediately so that I have lead time to make arrangements for childcare. Once you go to the hospital, I ask that your partner text me updates whenever the doctor checks you or every 2 hours so that I can determine when it is time for me to join you.

I aim to join you during active labour, this is generally 4-5cm dilated, however this may vary from client to client depending upon birth history, birth location and birth progress. I strongly encourage birth partner’s to remain in contact with me from the onset of labour.

If I am unable to be reached on my number, please call my husband’s cell in case of emergency at: 778-245-6045

FAILURE TO PROVIDE SERVICES

I will be reachable from 37 weeks until you have your baby. If you should go into labour earlier than this, I will attend if available but will not guarantee availability until 37 weeks.

I make every attempt to attend every birth, although occasionally I am unable to and this is why I work with another experience professional birth photographer, videographer and doula to back-me up and attend your birth in my absence.

There may be circumstances, yours or mine, that does not make my attendance possible. If failure to attend your birth is my circumstance due to the following reasons: I am unable to be reached, out of town, sick (including having tested positive for Covid-19), currently at a birth, or any other reason that prevents me from attending your birth, there will be no charge and I will refund all payments. If I can be reached and you prefer my backup photographer attend your birth in my absence, the contract remains. You will pay me, and I will pay the backup photographer.

It may take up to 1 hour for me to join you in labour from first contact (plus travel time to your city.) If my absence at your birth is due to the (rare) fact that you progressed quickly and I arrived at your birth just after your baby was born, the contract remains. I will still capture and tell the story of your baby’s birth through narration and additional video.

If my failure to attend your birth was due to your error in neglecting to contact me, our contract remains and I will join you after contact to document the first 2 hours of life and tell the story of your birth through additional narration added into slideshow.

If I am not permitted into your room due to Covid-19 protocols, or if parents test positive limiting my access to their birth room, I will carry your balance forward into photography credit.

C-Sections

I will photograph everywhere I am permitted. If I am unable to go into the OR in the event of a cesarean section, I will photograph before and after. If I am present when you go into the OR, I will give you the option of your partner taking my camera into the OR. I will edit the photos taken while in the OR and make every effort to give you a completed birth story.

Any photos taken with my gear are copyright of Cradled Creations Birth Photography. I do not guarantee you will be given all the photos that you may have taken on my equipment. Since photos taken with my gear are still my product, I will be selective in the photos I provide since they must reflect my brand.

If you go in for a c-section in the early stages of labour before I’ve joined you for any labour photos, I will arrive after your c-section to photograph your baby and family as soon as I am permitted to join you. I will still document the first couple hours of baby’s life and family visitors. Gaps in birth story will be filled in with use of additional video and narration. I also encourage you to pack your own camera in case of the event I am unable to arrive before you are taken into the OR, in which case I will include your photos into your edited birth film.

LIABILITY

In the unlikely event that Cradled Creations unable to provide the services outlined in this agreement, or if digital files are lost, stolen or destroyed for any reason, my liability is limited to the return of all payments received from you. The limit of my liability for any partial loss of original files shall be a prorated percentage of the payments I have received equal to the percentage of the original exposures.

Under no circumstances am I liable to you for (1) consequential, incidental, punitive, loss of profit or loss of opportunity damages, (2) damages related to replacement services, or (3) any losses whatsoever related to lost images that arise after I have delivered to you all products included in the applicable service.

This limitation of liability applies without regard to cause, including the negligence or fault of any party of any other person, breach of duty, representation, or breach or warranty, and without regard to whether any damages, losses, injuries, claims or demands arise from tort, contract or otherwise.

The client understands that the photographer is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement. Client will not copy (including electronic copying, downloading, and screen printing), scan, edit, apply filters, or alter the images in any manner for any purpose. Photographer retains all rights and ownership to the images. With written client consent and approval of specific images, photographer has the right to sell, copy, display, and/or publish any and all images, including but not limited to marketing, features, advertising, print competitions, and for use on Photographer’s website and portfolio. Photographer will not sell, copy, display, publish or advertise any client images without written consent from client. Copyright protection is governed by federal and any and all violators will be punished to the fullest extent of the law permitted.

Client is granted permission to print any images for personal use. Client may share photos on a personal blog or social media but images must not be cropped or altered and photographic credit must be given. Give credit by tagging photographers page or website. If you tag any pages to feature my images, you must insure they also give photographic credit back to Cradled Creations.

Client Release

I grant Jaydene Freund permission to photograph my image and that of my minor child(ren) and consent to the use of such likeness(es) and images by Jaydene Freund in all and any media (including blogs, websites, Facebook, and print for marketing, advertising, commercial use and other purposes including competition submissions and feature/ magazine submissions.) I authorize Jaydene Freund to make edits or alterations to such images.

SHARING

The Photographer will always approve all birth images for sharing on her blog with the parents prior to publishing. Once a set amount of images have been approved for sharing, the Photographer may also share those images on social media and feature websites. The Photographer will only share slideshows publicly if parent’s consent is given.

Birth photos will take an average of 6-8 weeks to receive. Photographer will contact client to schedule their viewing and ordering session. Professional grade albums and canvases can be purchased through the photographer, however each person is welcome to use their preferred printer. Additional USB’s may be purchased for $30.

Birth Photography Agreement

Client Information

AS A Photographer