Maternity and Newborn Photography Agreement-

www.emeraldrosephoto.com
8083 Long Shadow LN, North Charleston, SC 29406- 843-801-4037
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Name (person responsible for payment (18+):_________________________________________

Name of Subject(s):_____________________________________________________________
Phone:_________________________ email: _______________________@________________
Address:______________________________________________________________________
Session Date(s): _____________________________ Session Start Time: __________ am/ pm
Session type:
Emerald Rose Emerald Bud Emerald Petals A La Carte
$2400 (or 9x$285) $2000 (or 9x $240) $1500 (or 9x $185)
up to 4 hours ea. up to 4 hours ea. up to 4 hours ea. -Maternity- $200
3 maternity sessions 2 Maternity (1st and 3rd) 1 Maternity (3rd) - Labor and Delivery*-
Labor and Delivery* Labor and Delivery* Labor and Delivery* $150-$400
Newborn sessions(6) Newborn Sessions (4) Newborn Sessions (3) -Newborn Session- $150
2 wswm images ea. 2 wswm images ea. 2 wswm images ea. (within 1st 2 wks or +$50)
20 pg 8x8 photobook 20 pg 8x8 photobook 20 pg 8x8 photobook -First year Session- $200
$150 print credit $75 print credit $25 print credit - Photobooks- $100+

* Subject to hospital regulations and availability, though I make every effort to be there.
Session Location(s): ____________________________________________________________
______________________________________________________________________________
Themes, ideas, notes: ___________________________________________________________
______________________________________________________________________________
AGREEMENT Overview: This agreement contains the entire understanding between Emerald Rose
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 the parties.
If the parties want to waive one provision of this agreement, that does not mean that any other
provision is also waived. The party against whom a waiver is sought to be effective must have signed a
waiver in writing.
1. Booking: 50% of the total cost or first installment is due at time of signing this agreement. This is a
NON-REFUNDABLE RETAINER. In the event of cancellation, the retainer paid is non-refundable. It shall
be liquidated for damages to Emerald Rose Photography in the event of a cancellation, or breach of
contract by the CLIENT. The CLIENT shall also be responsible for payment of any materials/charges
incurred up to time of cancellation. The retainer shall be applied towards the total cost of the service to
be rendered. The remaining charges are payable in full on the date of the session. Emerald Rose
Photography considers a session booked only upon receipt of both payment and this signed contract. It
reserves the right to book other clients for the desired session until both items are received. Rates are
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subject to change without notice. Clients will receive rates posted at time of booking. Creative fees are
for "time and talent", do not include product of any kind unless stated above.
2. COOPERATION: The parties agree to cheerful cooperation and communication for the best possible
result within the definition of this assignment. Emerald Rose Photography is not responsible if key
individuals fail to appear or cooperate during photography sessions or for missed images due to details
not revealed to Emerald Rose Photography.
3. Rescheduling/Late Arrivals: In the event that clients wish to reschedule a session, all amounts
paid are NON-REFUNDABLE. In the event of postponement, notice must be given at least 2 weeks prior
to the scheduled time and must be rescheduled within same calendar year. Late arrivals will have
amount of time late deducted from total time alloted for session.
4. LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill, or
has an extreme emergency that prevents her from photographing the event, Emerald Rose
Photography will make every effort to reschedule the event. If for whatever reason this is not possible,
responsibility and liability is limited to the return of all payments received for the package purchased.
Emerald Rose Photography takes the utmost care with respect to exposure, transportation, processing
and archiving the photographs. However, in the unlikely event that photographs have been lost, stolen,
or destroyed for reasons within or beyond Emerald Rose Photography's control, Emerald Rose
Photography’s liability is limited to the return of all payments received for the portrait package. This
limitation on liability shall also apply in the event that 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. In the event the Studio/Photographer fails to perform for
any other reason, the Studio/Photographer shall not be liable for any amount in excess of the retail
value of the Client's order.
5. Physical Liability: Clients are responsible for their conduct at all times. Any breakage or damage to
equipment or studio contents are the sole financial responsibility of clients. Clients agree to hold
Emerald Rose Photography and its agents harmless for any injuries or damages sustained preceding,
during, and immediately following a session. In the event the Client’s behavior becomes abusive to
Mary or a member of her team, Client will be asked to leave, session canceled and all payments
forfeited to Emerald Rose Photography.
6. Images and Copyright: The photographs produced by Emerald Rose Photography are protected by
Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Emerald
Rose Photography's explicitly written permission. Commercial use of images is strictly prohibited.
Images may not be entered into any contest or submission without prior written authorization. Online
images will be locked. Screen grab downloads, printing of digital images and scanning of prints for
digital imagery use is illegal and punishable by law. Disks provided to Client with web sized
watermarked images are not to be reproduced and are for displaying on social networking sites, email,
and online forums only. Watermarks are not to be cropped out unless payment is received to do so.
7. Payment: Payment may currently be made by cash, check, or Paypal for credit cards (please
contact me if you wish to use this feature). If paying by check and credit card payment must clear
before receiving final products or before booking is confirmed. If payment is returned for any reason a
$35 NSF Fee will be applied to your account in addition to any fees applied by your bank and 10%
interest will accrue after 30 days every month thereafter until the balance is paid in full. Client also
understands that there is a $.45 per mile charge for any travel over 30 miles and an additional cost for
some locations is to be paid within 30 days of session or there will be 10% interest applied to the
account and no products will be delivered until it is paid in full.
8. Proofing: Unless otherwise written proofing galleries will be made available for 2 months. Orders
for prints must be placed within that time or a reinstating fee of $25 for each additional month will be
applied. All galleries will again be made available late October in order to order holiday prints and cards
and will be again archived in after the New Year.
9.Discounts and Promotions: All discounts and promotions must be presented when booking your
session. If you are eligible for the 25% discount, you must still pay the normal price booking fee and
discount will be applied for final payment. (ie. $200 session=$100 booking fee+$100-25% of $200
paid at time of session=$150 total)
By signing below you are have read and understood this agreement and agree to be bound by them.
___________________________________________________ __________________
Client (person paying for session) print and sign Date
___________________________________________________ __________________
Photographer Date
 Model Release Form- www.emeraldrosephoto.com
8083 Long Shadow LN, North Charleston, SC 29406- 843-801-4037
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I must have one of these completed for each subject to be photographed.
For good and valuable Consideration herein acknowledged as Model Information
received, and by signing this release I hereby give the Photographer/ Name (print) _____________________________________________________
Filmmaker and Assigns my permission to license the Images and to Address ________________________________________________________
use the Images in any Media for any purpose (except pornographic or ________________________________________________________________
defamatory) which may include, among others, advertising, promotion, City __________________________________ State/Province _____________
marketing and packaging for any product or service. I agree that the Country _____________________________ Zip/Postal Code _____________
Images may be combined with other images, text and graphics, and Phone _______________________ Email _____________________________
cropped, altered or modified. I acknowledge and agree that I have Date of Birth
consented to publication of my ethnicity(ies) as indicated below, but _____________________________________________________
understand that other ethnicities may be associated with Images of Signature _______________________________________________________
me by the Photographer/Filmmaker and/or Assigns for descriptive Date ___________________________________________________________
purposes.
I agree that I have no rights to the Images, and all rights to the Images Parent(s) or Guardian(s) (if person is a minor or lacks capacity in the
belong to the Photographer/Filmmaker and Assigns. I acknowledge Juri jurisdiction of residence.) Parent warrants and represents that Parent is the
and agree that I have no further right to additional Consideration or legal guardian of Model, and has the full legal capacity to consent to the
accounting, and that I will make no further claim for any reason to Shoot and to execute this release OF ALL RIGHTS IN MODEL’S IMAGES.
Photographer/Filmmaker and/or Assigns. I acknowledge and agree Name (print) _____________________________________________________
that this release is binding upon my heirs and assigns. I agree that this Address ________________________________________________________
release is irrevocable, worldwide and perpetual, and will be governed ________________________________________________________________
by the laws of the USA. City __________________________________ State/Province _____________
I represent and warrant that I am at least 18 years of age and have the Country _____________________________ Zip/Postal Code _____________
full legal capacity to execute this release. Phone _______________________ Email _____________________________
Signature _______________________________________________________
Definitions: Date ___________________________________________________________
“MODEL” means me and includes my appearance, likeness and form. Attach Visual reference of Model here: (Optional)
“MEDIA” means all media including digital, electronic, print, television, film For example, Polaroid, drivers license, print, photocopy, etc.
and other media now known or to be invented.
“PHOTOGRAPHER/FILMMAKER” means photographer, illustrator,
filmmaker
or cinematographer, or any other person or entity photographing or
recording me.
“ASSIGNS” means a person or any company to whom Photographer/
Filmmaker has assigned or licensed rights under this release as well as the
licensees of any such person or company.
“IMAGES” means all photographs, film or recording taken of me as part of
the Shoot.
“CONSIDERATION” means something of value I have received in exchange
for the rights granted by me in this release.
“SHOOT” means the photographic or film session described in this form.
“PARENT” means the parent and/or legal guardian of the Model. Parent and
Model are referred to together as “we” and “us” in this release.

Photographer/Filmmaker Information
Name (print) _________________________________________________
Address ____________________________________________________
____________________________________________________________
Witness (NOTE: All persons signing and witnessing must be of legal age and
City __________________________________ State/Province _________ capacity in the area in which this Release is signed. A person cannot witness their
Country ___________________________ Zip/Postal Code ___________ own release)
Phone ______________________ Email __________________________ Name (print) _____________________________________________________
Shoot Date __________________________________________________
Shoot Description/Reference ____________________________________ Signature _______________________________________________________
Signature ___________________________________________________ Date ___________________________________________________________
Date _______________________________________________________