Service Terms and Agreement 
Birth Photography, Videography and Doula Services. 

Please note before signing this contract....

Flexibility and Reasonable Recourse

This contract aims to cover as many potential circumstances and scenarios surrounding pregnancy and birth as possible, including payments, scheduling, and the delivery of services. However, it is acknowledged that birth is unpredictable, and it is impossible to account for every scenario. In the event of unforeseen circumstances not covered by this contract, they will be dealt with in the most reasonable and logical way possible.

Kendyl Gabrielle Birth & Photography is committed to being understanding and accommodating. If you anticipate any specific concerns or unique situations, please communicate them prior to booking in. Reasonable adjustments or alternative arrangements may be discussed and agreed upon in writing on a case-by-case basis.

Acceptance of Terms
By paying the retainer or any invoice issued by Kendyl Gabrielle Birth & Photography, the client acknowledges that they have read, understood, and agree to be bound by the terms and conditions outlined in this agreement.

This agreement is considered accepted in full upon payment, regardless of whether a physical or electronic signature has been provided.

It is the client’s responsibility to review all terms prior to booking. If the client has any questions or concerns, these must be raised and discussed before payment is made.

START OF CONTRACT.
TERMS OF AGREEMENT:

APPENDIX:

Kendyl Gabrielle Birth & Photography – This refers to Kendyl Christian and or/any staff member or subcontractor working for Kendyl Gabrielle Birth & Photography at the time of and covering the length of this contract.

Client = Birthing person.
2nd stage of labour = Birth of Baby
3rd stage of labour = Birth of placenta
Active Labour = 6-7 centimeters dilated
Golden Hour = 1-2 hours post birth of the baby
Full Birth – Active Labour to 3rd stage of labour
Partial Birth = Any but not all of the aforementioned stages of labour.
Precipitous birth = the experience of being in labor and then giving birth less than 3 hours after regular contractions start/waters break

ENTIRE AGREEMENT:

This agreement has been mutually agreed upon by Kendyl Gabrielle Birth & Photography and the CLIENT, and it constitutes the entire understanding between both parties, replacing all prior or simultaneous agreements. Any changes or additions to this agreement must be made in writing and signed by all parties.
If one provision of this agreement is waived, it does not mean that any other provision is waived as well. Similarly, if a particular provision is deemed invalid or unenforceable under the law, it will not affect the validity of the entire agreement, and the other provisions shall remain in full force and effect.
While this agreement is legally binding, it has been written in plain English to ensure clarity for all parties involved.

PRICE:

Total Price for chosen packages and products has been detailed in the corresponding invoice.
Estimated Due Date (as per client advise): %job_date%

Payment may be made by paypal or stripe - includes a 2.9% surcharge of the total amount. NOTE this amount may not be detailed on any quotations however will added to the final invoice where applicable.
Payments made by direct deposit - no surcharge, bank details as per invoice.

STANDARD PAYMENT TERMS:

1.Deposit: A non-refundable deposit of $500 is due at the time of booking to secure your session date and the surrounding weeks. This deposit is required regardless of the timing of your booking and is non-transferable.

2. Payment One: 30% of the outstanding balance for your session is due when you are 20 weeks along in your pregnancy. Your maternity session will only be booked upon receipt of this installment.
**Late Booking**: If you book your session after 20 weeks of pregnancy, this payment is due immediately upon booking, along with any other due payments according to the payment schedule below.

3. Payment Two: 30% of the remaining balance is due when you are 30 weeks along in your pregnancy. Your maternity images and/or video will not be delivered until this installment is paid.
**Late Booking**: If you book your session after 30 weeks of pregnancy, both Payment One and Payment Two are due immediately upon booking.

4. Final Payment: The remaining balance is due by 36 weeks of pregnancy.
  - **Late Booking**: If you book your session after 36 weeks of pregnancy, the full remaining balance, including any unpaid previous installments (Payment One and Payment Two), must be paid in full immediately upon booking.

5. Interest on Late Payments:
Should you need to deviate from the payment plan due to unforeseen circumstances, please inform me in writing before the payment due date.
  - If any payment outlined above is not received by the specified due date, interest may be charged and will accrue on the outstanding balance at a rate of 5% per month, calculated daily from the payment due date until the amount is paid in full.
  - In the event of non-payment of any instalment by the due date, Kendyl Gabrielle Birth & Photography reserves the right to pause all services, and delivery of any photos or videos may be withheld until full payment, including interest, has been received.

6. Alternate Payment Plans: Alternate payment arrangements may be discussed at the time of booking, but any such arrangements must be agreed upon in writing and signed.

7. Payment Prior to Editing: If full payment is not received by the scheduled birth date, or if the payment plan extends beyond the birth date, editing work will not commence until at least 80% of the total payment has been received. The editing timeframe will begin on the date the 80% payment is received, not before.

8.No Deliveries Until Full Payment:
No images, videos, or other deliverables will be released until all outstanding amounts, including any applicable interest or late payment fees, have been paid in full. Failure to complete payment in accordance with these terms may result in delays or withholding of final products.

9.Any payment plan or outstanding balance extending beyond six (6) months after the baby’s birth date will incur a storage fee of $200 per month or part thereof, commencing on the date that is six (6) months after the baby’s birth date and continuing until paid in full.

MY SERVICES INCLUDE:

SERVICES:

PHOTOGRAPHY & VIDEOGRAPHY SERVICES.

Pre-birth Meeting & Mini Maternity Session:

Kendyl Gabrielle Birth & Photography offers a pre-birth meeting and mini-maternity session at no additional cost. These services are provided as a complimentary gesture and do not hold any monetary value. Therefore, they cannot be exchanged or transferred.

On Call Period:

From 38-42 weeks gestation, Kendyl Gabrielle Birth & Photography will be on call for your birth. However, if your baby arrives before the 42-week mark, this will signal the end of the on-call period. Being on call means that I will have my phone with me and set to loud mode at all times.

While I may have other commitments during this period, I will have contingency plans in place should your labour begin during these commitments.

Attending your birth:

Kendyl Gabrielle Birth & Photography will conduct a photographic documentary of your birth in a professional and workman-like manner, adhering to industry standards. One of my team members will be present from the time you are around 6-7 cm dilated until 1-2 hours after delivery.

In the rare instance of a birth lasting an extremely long time, it may be necessary for Kendyl Gabrielle Birth & Photography to take a break to rest or gather provisions. Should this occur, I will communicate openly with the client and seek their understanding. If possible, I will arrange for a backup photographer to take over during this time. In situations where this is not feasible, I will remain in close proximity to the birthplace and return promptly should the birth begin to progress quickly.

Post-Birth Coverage: (Photography, Videography & Doula Services)
1
Following the birth, Kendyl Gabrielle Birth & Photography provides up to two (2) hours of post-birth coverage/care. This time is designed to document early moments such as weighing and measuring baby, first feeds, nappy changes, and initial family bonding.

The two-hour timeframe also exists for safety and wellbeing reasons, particularly in cases of long or overnight labours where fatigue, travel requirements or other commitments may make extended coverage unsafe. For this reason, I reserve the right to conclude my coverage and depart after two hours post-birth if I feel it is necessary for my personal safety, even if certain post-birth moments have not yet occurred.

While I will always do my best to gently remind the birth team as time progresses, it is ultimately the responsibility of the client and/or their birth partner or advocate to communicate with attending midwives or staff to ensure desired post-birth activities take place within the available time frame, where possible.

Please know that any such reminders from me are not intended to rush or interrupt your post-birth experience, but rather to help ensure those special moments are captured while I am still present.

Post Production and Editing:

The final post-production and editing styles, effects, and overall look of the images are left to the discretion of Kendyl Gabrielle Birth & Photography. The client has commissioned Kendyl Gabrielle Birth & Photography to perform her professional duties based on the client’s review of Kendyl Gabrielle Birth & Photography's prior work. Kendyl Gabrielle Birth & Photography is not liable in any way or form for the client’s opinion of the photographs taken during the shoot.

All photographs are put through a post-production process. Post-production means alterations to exposure, composition, and colour correction. Photographs may be supplied in black and white whereas Kendyl Gabrielle Birth & Photography deems there to be superior artistic quality. Some images may be deleted at the discretion of Kendyl Gabrielle Birth & Photography, these include bad poses, half-shot features or technically inferior frames (e.g. out of focus). Normal practice is that only one picture is chosen from each consecutive set of a single "pose".

Kendyl Gabrielle Birth & Photography will not correct the client’s appearance – which means, untidy clothing, cosmetic flaws, body composition, or absence of makeup. Kendyl Gabrielle Birth & Photography’s birth photography services are documentary images, and as such, any requests to have images manipulated beyond standard post-production will be denied.

Under no circumstances will Kendyl Gabrielle Birth & Photography provide the RAW digital files.

Videography – Style & Limitations:

Kendyl Gabrielle Birth & Photography provides videography services using a handheld mirrorless digital camera. Videos are captured in a documentary style, designed to authentically reflect the unfolding events of labour and birth.
Due to the nature of birth, which is inherently uncontrolled and unpredictable, videography is often recorded in low light conditions and requires manual focus. As a result, footage may naturally include elements such as:
• Out-of-focus shots
• Camera shake
• Variations in exposure (including overexposed or underexposed segments)
• Unanticipated framing or composition
These characteristics are part of the authentic, raw storytelling style of birth videography. By entering into this agreement, the Client acknowledges and accepts that the final video will reflect these creative and situational realities, and that they contribute to the uniqueness of the finished product.

Creative Intent & Client Acknowledgement:

The Client understands that Kendyl Gabrielle Birth & Photography has been engaged for her specific documentary approach and artistic style. The creative decisions made during filming and editing, including but not limited to focus, framing, lighting, and exposure, are at the sole discretion of the Photographer/Videographer.
As such, the Client agrees that the presence of out-of-focus segments, camera shake, lighting variations, or other natural imperfections consistent with the birth environment and documentary approach shall not constitute grounds for refunds, discounts, or demands for re-editing.
The Client acknowledges that these elements are inherent to the nature of documentary birth videography and form part of the authentic record of their birth story.

DESCRIPTION OF PRODUCTS:

• Reel Style Film Add-On
The "Reel Style" film add-on is a simple, candid highlight video of your birth experience, designed to be a quick and supplementary option. Filming will be done using automatic settings to allow seamless transitions between photo and video, with lighting and exposure reflecting the natural environment of the birth. Editing is minimal, creating a raw and natural aesthetic. Upon request, censorship can be applied to the video, though it may be limited to simple techniques such as blurring, depending on the footage.
The video will include generic, unlicensed background music, making it suitable for sharing. Specific song requests cannot be accommodated as part of this service. If an unlicensed song is requested, it may be included at my discretion, but the client accepts full responsibility for any legal or copyright-related issues arising from its use.
This add-on is not a full-featured production but rather a budget-friendly option, approximately 1–3 minutes in length and designed for personal and social media use. By selecting this add-on, you acknowledge and accept its limitations and intended simplicity.

• Reel (Included in Larger Packages)
The Reel is a 1–2 minute highlight film of your birth, created as part of larger video packages. It is designed to give you a preview or “taste” of your full birth film and may be edited either in a style consistent with the final video or as a completely stand-alone piece, at the Photographer’s discretion.
The Reel is set to licensed music, chosen to reflect the mood and tone of your birth story. Censorship can be applied upon request, provided the request is made prior to editing.
This video is intended as a short, shareable keepsake that complements your full-length film while offering a glimpse of your story in a more concise format.

• Full Video
The Full Video is an 8–10 minute documentary-style film of your birth experience. Filming is conducted using handheld mirrorless digital cameras in natural and often low-light environments, with manual focus to capture the authenticity of each moment. Editing follows the chronological order of events, creating a clear and natural progression of your birth story.
Licensed music is carefully selected to complement the tone and emotion of your film. Specific song requests cannot be accommodated as part of this service, though consideration may be given at the Photographer’s discretion. The Full Video may include maternity or postpartum sessions if included in your chosen package.

This film is designed to provide a faithful, story-driven record of your birth, focusing on real and unscripted moments.

• Creative Video
The Creative Video is an 8–10 minute cinematic, artistic interpretation of your birth, crafted to showcase storytelling, emotion, and the uniqueness of your experience. Unlike the Full Video, the Creative Video may not follow events chronologically but instead uses creative editing techniques to highlight mood, symbolism, and narrative flow.
Filming is conducted in the same handheld documentary style, often in low light, but editing is more stylised to emphasise artistry. Licensed music is chosen to enhance the cinematic feel of the film, with song selection at the Photographer’s sole discretion. Specific requests cannot be guaranteed.
This film is intended as a unique keepsake that highlights the individuality of your story and the creativity of the editing process.

• Sneak Peek Images:
Kendyl Gabrielle Birth & Photography will provide the client with 3-7 sneak peek images within 48 hours of the baby's arrival. Please note that these are quick edit images, and the final images in the gallery may have a different editing style to ensure a cohesive and professional-looking final product.

• Full gallery of images:
The Full Birth Gallery consists of a complete collection of professionally edited still images documenting your birth story. Photographs are captured in a candid, documentary style, reflecting the natural and unscripted moments of labour, birth, and the immediate postpartum period.

Editing includes colour correction, cropping, and adjustments consistent with the Photographer’s established style. Black and white images may also be provided at the Photographer’s discretion. All images are delivered in high-resolution digital format via an online gallery (or alternative delivery method as outlined in this Agreement).
The Full Birth Gallery is intended to provide a comprehensive and authentic record of your birth, highlighting both significant milestones and small, intimate details.

Number of Images:

Package dependant if Kendyl Gabrielle Birth & Photography has attended the full birth, a minimum of 100 images will be delivered with no limit on the number of images thereafter.
If Kendyl Gabrielle Birth & Photography has attended a partial birth, a minimum of 50 images will be delivered with no limit on the number of images thereafter.

Delivery timeline:

All digital still images will be delivered within six (6) weeks following the photography session, and
all edited reels will be delivered within twelve (12) weeks,
full videos documentary style within six (6) months and
full video creative style within twelve (12) month of the birth.

In the case of combined sessions where a compilation video is being produced from more than one session, the delivery timeline will commence from the date of the final session being included.

In the event of delays due to unforeseen circumstances the photographer will, where feasible, offer compensation based on the length of the delay.

Compensation will be provided in the form of printed products or discounts on future services (excluding birth packages), and will be determined as follows:
- For delays of up to two (2) weeks beyond the original deadline, compensation will be 5% off
- For delays of up to four (4) weeks beyond the original deadline, compensation will be 10% off
- For delays exceeding four (4) weeks, compensation will be 15% off

Compensation is not guaranteed for delays caused by factors beyond the photographer’s control, such as illness, emergencies, or technical issues impacting delivery processes.
The photographer will make every reasonable effort to meet the original deadlines.

Delivery of Images:

The images will be delivered via a personalised online gallery using software chosen by the photographer. Only edited images will be included in the online gallery. The availability of images for download will depend on the client's chosen and paid-for package. All images delivered will be available in both Hi-Res and Web-size formats.

The client will be able to download the exact number of images paid for in their package. However, due to the digital nature of the product, no refunds or exchanges will be given in case of mistaken downloads. If the client wishes to obtain additional images beyond their package, they can purchase them from Kendyl Gabrielle Birth & Photography.

Should the Client request that images not be delivered through the online gallery, the Client may either:
1. Provide a suitable USB drive or external hard drive to the Photographer for delivery of the images. The device must be delivered to the Photographer and collected by the Client. If the Client requests that the device be shipped, all shipping and handling costs will be charged to the Client.
2. Request that the Photographer supply a device. In this case, the Client will be charged the cost of the device plus applicable shipping and handling fees. Two (2) device options will be offered for the Client’s selection.

Delivery timelines remain subject to the standard schedules outlined in this Agreement.

Post-Production Changes to images and video:

Any requests for changes or revisions made after post-production has commenced, including but not limited to personal requests, may result in additional delays to the final delivery schedule. Depending on the nature of the changes required, delays may extend up to three (3) months.

Each video is entitled to a maximum of two (2) amendments after initial delivery. Each amendment will require up to one (1) month of processing time, excluding changes to music selection, which may take up to two (2) months to process.
All delays arising from post-production changes or amendments will extend the overall project delivery timeline accordingly. Any amendments requested beyond the two (2) included will be subject to additional costs, which will be quoted and agreed upon prior to work commencing.

Use & Sharing of images:

As the photographer, Kendyl Gabrielle Birth & Photography retains full copyright ownership of all images and films created. I reserve the right to use selected images for business purposes including, but not limited to, social media, website display, portfolio presentation, print and digital marketing, and submission to industry competitions or educational critique settings as part of my ongoing professional development. This includes images & film that may not have been included in your delivered gallery (off the cutting room floor).

I understand that some clients may prefer certain (or all) images & film remain private, and your comfort and privacy are of the utmost importance to me. After your gallery has been delivered, all clients will receive a short questionnaire to indicate any preferences or restrictions regarding image & film use.

Clients have 30 days from the date of gallery delivery to provide any restrictions in writing (via the provided questionnaire or email). If no written response is received within 30 days, permission is automatically granted for me to use selected images for the purposes outlined above.
If you contact me after the 30-day period, I will honour your preferences moving forward.
Any images that have already been used or published prior to receiving your written request will remain as posted, but no new use will occur beyond that point.

All images are shared in a tasteful, respectful, and artistic manner. I make every effort to ensure that images are presented appropriately and viewed by a respectful audience.
As standard, no identifying details—such as names, tagging handles or specific locations—will be shared without your explicit written request.

Albums, Frames and Printed Products:

All albums, frames and printed products must be ordered within 30 days of gallery delivery. Orders beyond this time will be subject to additional charges in-line with any price increases from the manufacture. Any orders required in a certain timeframe must be requested directly and additional charges may apply.

DOULA SERVICES (where applicable).

Doula Scope of works
A doula is not a doctor it midwife and has no clinical responsibility or role in your birth. however, a doula can improve the birth experience for the mother and baby. In Australia, Doulas are not regulated as such and require no formal qualifications including but not limited to CPR or Infant CPR, physiological training, medical training, and lactation training. Medical intervention by a doula in a birth setting is a punishable offence. Should medical treatment be required a doctor, midwife or ambulance will be called. All suggestions offered must be taken as support suggestions only and not medical advice.

Limitations
A doula has no clinical responsibility and hence does not undertake any bio-medical observations.
A doula:
DOES NOT listen to foetal heart
DOES NOT take blood pressure measurements
DOES NOT take clients temperature
DOES NOT do vaginal exams
DOES NOT give advice or prescribe treatment

Pre-birth Meetings
The pre-birth meeting can be performed at any point prior to 38 weeks and may last up to 3 hours.

Post Birth Meetings
The pre-birth meeting can be performed at any point prior to 6 months post partum and may last up to 3 hours with multiple blocks in one session but to 8 hours maximum.
Overnight stays and visits outside of normal working hours may incur an additional fee.

All services:

Pregnancy Loss, Early Birth, Cancellation & Missed Birth
I understand that pregnancy and birth can be unpredictable, and in some cases, circumstances may change in ways that are deeply personal and difficult. The following terms outline how bookings and payments are handled in these situations.

Pregnancy Loss (Prior to 20 Weeks Gestation)
In the event of pregnancy loss prior to 20 weeks gestation, the booking will be cancelled and no further balance will be due.
The retainer remains non-refundable, as it secures your due date and availability. However, with care and compassion, I may offer the option to transfer the retainer as a credit toward a future session or, in exceptional circumstances, provide a partial or full refund. Any such arrangements are made at my discretion and are not guaranteed.

Early Birth (20–30 Weeks Gestation)
In the event of an early birth occurring between 20 and 30 weeks gestation where I am not called to attend or am unable to attend, the retainer remains non-refundable. No additional balance will be due beyond any payments already made.

Early Birth (30–36 Weeks Gestation)
In the event of an early birth occurring between 30 and 36 weeks gestation where I am not called to attend or am unable to attend, the retainer remains non-refundable.
In addition, 50% of any monies paid beyond the retainer will be retained. The remaining balance will be refunded.
Any retained amount beyond the retainer may be applied as a credit toward a future session within [12–24 months] of the original due date. Credits are non-transferable unless otherwise agreed.

36 Weeks Gestation and Beyond
From 36 weeks gestation onward, the booking is considered fully committed, as availability has been reserved and other bookings may have been declined.
In the event that I am not called to attend the birth, or am unable to attend due to circumstances outside of my control, no refund will be provided.
Any monies paid beyond the retainer may be applied as a credit toward a future session within [12–24 months] of the original due date.

Client Cancellation & Attendance Limitations
Except where otherwise outlined in this agreement:
• No refund or transfer of payments will be provided for services cancelled at any point.
• No refund or transfer will be provided in the case of cancellation due to change of mind.
• No refund or transfer will be provided if the client cancels after labour has begun.
• No refund or transfer will be provided once Kendyl Gabrielle Birth & Photography has arrived at the birth location.
• No refund or transfer will be provided if attendance is not possible due to hospital policies, restrictions, or directions from medical staff.

If Kendyl Gabrielle Birth & Photography is requested by hospital staff or care providers to cease photography or leave the birth space at any time, this will be considered beyond the photographer’s control and the booking will be considered fulfilled.
Cancellation should be provided in writing where possible. If this is not possible, cancellation must be communicated directly by the client or their immediate support person.

Change of Mind During Labour
If the client or their support person requests that photography cease during labour, all photography will stop immediately.
I will remain nearby for up to one (1) hour after the birth in case consent is given to resume. If consent is not provided, the booking will be considered fulfilled and no refund or transfer will be given.

Missed Birth – Photographer Responsibility
If I miss the birth due to my own circumstances (including but not limited to failure to respond, failure to depart in a timely manner, or being unreasonably unavailable), a full refund of all monies paid will be provided.
In addition, the retainer may be applied as a credit toward a future session.

Missed Birth – Client or Circumstantial Factors
Birth photography relies on timely, consistent, and proactive communication during labour.
The client acknowledges that regular updates throughout early labour are essential to allow adequate time for attendance.
If I miss the birth due to circumstances outside of my control, including but not limited to:
• lack of communication or delayed notification
• being called too late to reasonably attend the birth space
• rapid or precipitous labour
• incorrect timing guidance or advice provided by medical staff or care providers
• hospital restrictions, policies, or medical direction
no refund will be given.

In the event of a precipitous or fast labour, or where circumstances limit the ability to fully document the birth, I will attend as soon as possible and continue to document your story where appropriate.

If the minimum number of contracted images is not achieved due to these circumstances, any funds paid beyond the retainer may be transferred toward another session or service.
Kendyl Gabrielle Birth & Photography is not responsible for decisions, advice, or timing recommendations made by medical professionals or birth attendants regarding when to request photographer attendance.

General Acknowledgement
By booking, the client acknowledges the unpredictable nature of pregnancy and birth, and that availability is reserved exclusively around their due date, during which other bookings may be declined.

Change in Birth Location, Risk Status, or Transfer of Care

In some circumstances, a client’s care plan or birth location may change due to medical advice, change in risk status, or the need for transfer between care providers or facilities (including homebirth to hospital or hospital to hospital transfer).
Kendyl Gabrielle Birth & Photography will make every reasonable effort to continue attendance and provide services as planned, where it is safe and feasible to do so.
However, attendance cannot be guaranteed in situations where circumstances are outside of the photographer’s control, including but not limited to:

• hospital or facility restrictions or policies
• transfer timing or distance
• medical urgency
• access limitations imposed by care providers

If Kendyl Gabrielle Birth & Photography is unable to attend or fully document the birth due to these circumstances, the booking will be considered fulfilled and no refund will be provided.
Where possible, Kendyl Gabrielle Birth & Photography will attend as soon as practicable and continue to document your story. If the minimum number of contracted images is not achieved due to these circumstances, any funds paid beyond the retainer may be applied as a credit toward another session or service.

Bundled Services & Pricing Adjustment

Where services are booked as part of a bundled package, a discounted rate may be applied. This discounted pricing is conditional upon all services within the bundle being completed as agreed.
If any portion of the bundled services is cancelled, declined, or unable to be fulfilled for any reason, the remaining services will revert to their standard individual pricing.

Any payments made will first be applied to the services provided at their full individual rate. Any remaining balance may be:

• applied as a credit toward other services, or
• refunded at the photographer’s discretion, in accordance with the terms of this agreement.

The client acknowledges that bundled pricing is offered as an incentive for booking multiple services together and is not applicable if services are separated or cancelled under all circumstances.

COMMUNICATION REQUIREMENTS:

CLIENT agrees to promptly notify Kendyl Gabrielle Birth & Photography at the first sign of labor, which may include water breaking, contractions, tightening, release of mucus plug, and/or advice from a healthcare provider. This initial contact must be made through a PHONE CALL only - text messages, WhatsApp messages, emails, or any other forms of communication will not be considered sufficient and may result in a missed birth. The CLIENT further agrees to maintain regular communication regarding the progress of labor, using a communication method that is convenient for them, however, it is recommended to communicate with Kendyl Gabrielle Birth & Photography every two hours at a minimum.

TRAVEL TIME:

After you have informed me it is time to attend your birth I will get there as soon as possible however please allow for 90-120 minutes of travel time unless otherwise expressed by Kendyl Gabrielle Birth & Photography. A link will detail my ETA and the progress of my travel will be provided to yourself or your support person where possible.


UNFORESEEN CIRCUMSTANCES:

Kendyl Gabrielle Birth & Photography strives to be present at your birth, but unforeseen circumstances can arise such as illness, weather, traffic issues, or limited availability due to multiple births in one instance. If Kendyl Gabrielle Birth & Photography is unable to attend your birth for any reason or anticipates being late, a backup photographer will be made available and will attend your birth instead.

Kendyl Gabrielle Birth & Photography will inform you as soon as possible if a backup photographer will be necessary. In some instances, this may be after your labour has started. Communication between the backup photographer, Kendyl Gabrielle Birth & Photography, and the client will be determined on a case-by-case basis.

Kendyl Gabrielle Birth & Photography only collaborates with backup photographers who have a similar style, approach, and experience to Kendyl Gabrielle Birth & Photography. If you would like to know the identity of the backup photographer or would like to communicate with them prior to your birth, please submit a written request to Kendyl Gabrielle Birth & Photography before your 36th week of pregnancy. If you decide that you do not want a backup photographer to attend your birth, please inform Kendyl Gabrielle Birth & Photography as soon as possible. This will be regarded as a change of mind cancellation, and no refund will be issued.

COVID-19 (or Similar Health Crisis) :

1. Government Mandates and Restrictions
In the event of any government mandates, lockdowns, or restrictions due to COVID-19 or a similar public health crisis, Kendyl Gabrielle Birth & Photography will comply fully with all regulations. This includes, but is not limited to:
  - Limits on the number of people allowed in a home, hospital, or other locations.
  - Restrictions on gatherings and social distancing requirements.
  - Government-imposed exclusions or limitations on business operations.

2. Hospital and Medical Facility Restrictions
Many hospitals or medical facilities may implement their own restrictions, which can include but are not limited to:
  - Limiting the number of people present during labor and delivery.
  - Requiring specific testing, such as COVID-19 testing, before entry.
  - Excluding non-essential personnel (such as photographers) from delivery rooms or other areas.
  - Any changes to hospital rules may impact the services provided, and **Kendyl Gabrielle** will not be held responsible for services that cannot be performed due to these restrictions.

3. Pre-Testing and Health Protocols
If government regulations, hospital policies, or other service-related requirements demand pre-testing (such as COVID-19 testing), **Kendyl Gabrielle** will comply with such requirements. Clients may also be required to undergo pre-testing, based on venue or government requirements.
  - If you or any member of your household or immediate family tests positive for COVID-19 (or a similar illness) or is required to quarantine, this may affect the ability to proceed with the session. In such a case, rescheduling or alternate arrangements will be discussed.

4. Lockdowns and Cancellation Due to Health Risks
If a government-enforced lockdown or personal health-related quarantine (due to COVID-19 or a similar illness) occurs, affecting the ability to provide the agreed-upon services:
  - Sessions or events may be rescheduled, subject to availability.
  - If rescheduling is not possible or practical, a reasonable course of action will be determined, which may include partial refunds or credits toward future services, depending on the timing and situation.

5. Client and Photographer Safety
The health and safety of all clients and the photographer are paramount. In situations where social distancing, mask-wearing, or other protective measures are mandated or deemed necessary, both the photographer and the client are required to follow these protocols.
  - Should the photographer feel that the safety protocols are not being respected, they reserve the right to pause or cancel the session without refund until compliance is assured.

6. Waiver of Liability for COVID-19 or Similar Health Crisis Transmission or Exposure
  - The CLIENT and all members of the CLIENT's party assume all risks associated with potential COVID-19 or similar health crisis transmission or exposure related to the photography services being provided. The CLIENT accepts sole responsibility for any illness, injury, damages, claims, or expenses that arise as a result of such transmission or exposure, regardless of the identity of the person alleged to be at fault for such transmission or exposure.
  - In consideration of this waiver, Kendyl Gabrielle Birth & Photography agrees to waive any liability or claims against the CLIENT or members of the CLIENT's party for COVID-19 or similar health crisis transmission or exposure.

7. Exclusion for Knowingly Participating with COVID-19 or Similar Health Crisis
  - Notwithstanding the above waiver, it shall not be interpreted to prohibit actions or claims against individuals who knowingly participate in the photography services while exhibiting symptoms of COVID-19 or a similar illness, or who knowingly participate while having an active infection of COVID-19 or a similar health crisis.

8. Force Majeure Due to Health Crisis
In the event that any services cannot be performed due to unforeseen public health restrictions or events beyond the control of either party (e.g., government mandates, emergency hospital restrictions), Kendyl Gabrielle Birth & Photography shall not be held liable for any breach of contract, failure to deliver services, or delays caused by such events.

Both parties will work together in good faith to reschedule or otherwise make reasonable accommodations if possible.

EXCLUSIVITY:

Kendyl Gabrielle Birth & Photography shall be the only hired photographer for this event. Family members and friends are allowed to take photos as well. Kendyl Gabrielle Birth & Photography will not be held responsible for images missed due to family, friends, hospital staff, or other birthing supports interference.

All images captured by Kendyl Gabrielle Birth & Photography are the property of Kendyl Gabrielle Birth & Photography and are not to be altered, re-edited, cropped, or have any third-party filters applied such as Instagram. The images are to be kept intact in the original condition as provided to the CLIENT. Any images found to be altered and used in a public forum or online will be requested to be removed immediately.

If the CLIENT wishes to use these images for promotional purposes or on a website, personal or business, full permission must be obtained from Kendyl Gabrielle Birth & Photography. In most cases, an additional fee may be charged.

All images used on a website of any type will require a full citation to Kendyl Gabrielle Birth & Photography and a backlink to the webpage of Kendyl Gabrielle Birth & Photography. Failure to do so will result in a legal request for the images to be removed.
Altering images and using them without permission is considered copyright infringement and punishable by law.

HOSPITAL GUIDELINES:

The photographer is limited by the policies and guidelines of the hospital. The CLIENT agrees to accept the technical results of these guidelines on the photographer's ability to capture certain moments during the birth process. Negotiation with the hospital staff for the moderation of guidelines is the CLIENT's responsibility.
This includes but is not limited to the number of support persons allowed to attend the hospital at the time of birth.

HANDLING YOUR IMAGES:

Kendyl Gabrielle Birth & Photography takes great care in handling the exposure, transportation, and processing of all photographs. However, in the unlikely event that any photographs are lost, stolen or destroyed prior to delivery for reasons beyond Kendyl Gabrielle Birth & Photography's control, the liability will be limited to the return of all refundable payments received for the birth photography package.

Digital Image & Video Delivery, Archiving, and Responsibility:

Upon receipt of an online gallery or USB/external hard drive, the CLIENT accepts full responsibility for archiving and protecting the photographs and video files.
For long-term data security, it is strongly recommended that the Client save at least three (3) copies of their files: one (1) on a local hard drive, one (1) on an offsite hard drive, and one (1) on a cloud storage platform.

As an additional option, the online gallery provider offers a cloud-based archival service. The Client may purchase continued cloud storage of their gallery for a fee of eighty dollars ($80) per year. An email with details of this option will be sent to the Client prior to gallery expiry.

Kendyl Gabrielle Birth & Photography will not permanently archive images or video files delivered or otherwise; all archive files may be deleted at the Photographer’s discretion. Kendyl Gabrielle Birth & Photography is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to access discs or USB drives. It is the CLIENT’s responsibility to ensure that digital files are copied to new media as required.

Replacement or duplicate USBs and galleries incur a fee of one hundred and seventy-five dollars ($175), replacement Hard Drives will be charged at market price + twenty-five dollars ($25) handling fee.

Kendyl Gabrielle Birth & Photography agrees to keep the Client’s online digital gallery open for one (1) month only. Beyond this period, the gallery may be deleted without notice.

SPECIAL CIRCUMSTANCES:

Kendyl Gabrielle Birth & Photography understands the incredible and unpredictable nature of the birth process. Unforeseen circumstances such as preterm labor, a caesarean section, or concerns for maternal or newborn health may arise. In such cases, every effort will be made to capture photos within the limits of hospital policy and family permission. If a C-section prohibits my presence, the birth partner or hospital staff may bring my camera into the operating room on AUTO setting to capture photos. Kendyl Gabrielle Birth & Photography is not responsible for any missed images or focus issues during this time.

If Kendyl Gabrielle Birth & Photography is unable to access the client due to hospital restrictions or policies at the time of birth, it will be considered a missed birth and will be the responsibility of the client.

Please note that in such cases, the client is responsible for any damage caused due to mishandling of the camera by the birth partner &/or hospital staff.

FORCE MAJEURE:

In the event that either party is unable to fulfill its obligations under this agreement due to unforeseeable circumstances such as acts of God, strikes, equipment or transmission failure, weather conditions, or damages beyond their reasonable control, neither party shall be held liable for any damages caused to the other party resulting from such failure to perform or other related causes.

MUTUAL RESPECT:

The relationship between Kendyl Gabrielle Birth & Photography and the client is built on mutual respect, transparency, and kindness in communication. We are committed to maintaining a positive and professional relationship with our clients. However, in the event that we feel mistreated, misled, unsafe, or threatened in any way, we reserve the right to withdraw our services. In such cases, the non-refundable deposit (retainer) will be kept by Kendyl Gabrielle Birth & Photography and any additional payments made by the client will be refunded minus any services that have been rendered.

ADDITIONAL SERVICES:

Kendyl Gabrielle Birth & Photography not only captures your labor and delivery but also offers exclusive discounted pricing on maternity, underwater, newborn, and motherhood photo sessions for clients who have purchased birth photography services. These sessions are available either in your home or at a location of your choice, with a documentary-style/lifestyle approach.
For locations over 25km from Mt Pleasant, up to a $50 travel fee will apply, which will be quoted and agreed upon beforehand.

Special Pricing for Birth Clients:

Clients who have booked birth photography services are entitled to special pricing as outlined in the Birth Stories Welcome Pack. If you request any additional services more than 30 days after receiving the Welcome Pack, you will still receive the discounted pricing, however, it will be based on the rates listed in the Welcome Pack at the time of your request.

For any services not detailed in the Birth Stories Welcome Pack, you will receive an additional 10% discount on the standard pricing.

I confirm that I have read and understood this contract, and I agree to enter into this contract with Kendyl Gabrielle Birth & Photography

Disclaimer:
This agreement is provided for informational purposes only and may be updated from time to time. The final terms governing any engagement will be outlined in the official contract provided at the time of booking. In the event of any discrepancies, the signed agreement will take precedence.