The Parties: This Contract for photography services (the "Agreement") is made and entered into by and between Tracie Daum doing business as Tracie Bea Photographie. Together, Tracie Bea Photographie and client are the "Parties to this Agreement."
Fees: Please see www.TracieBeaPhotographie.com for session fees, package selections and cancellation policy. Prices are subject to change at any time without notice, however prices are guaranteed at time of session confirmation. (which includes, but is not limited to, contract completion and session fee retainer paid in full.)
Session Info:Session info: Please review the “Tips to a great session” information sheet on website. Client agrees to work together with photographer to assure the best photos possible. When working with children, client also understands that often children do best when the parents are not directly involved. Participation such as jumping up & down behind the photographer, clapping, yelling, threatening or scolding the subjects are often poison to my workflow. Clients agree to stand by and enjoy watching their children play and interact, and assist TBP on request. Failure to comply with these rules means Dad gets no ice cream.
Image Selection Details: TBP is a full service studio, offering as little, or as much, assistance with ordering as you want. All products and prints are professionally printed, gallery design help available, and hand-delivered to the home and hung up, should you wish. (no additional charge!) If you choose to DIY print, the print release included is for personal use, and not a commercial or business license. You are responsible for printing with a quality printer, and TBP is released from errors in DIY printing.
Image Retouching: Your image gallery is typically delivered as PROOFS ONLY. Anything purchased and/or used with final products will be fully edited within the style consistent of the photography shown in TBP's portfolio. Any variance outside the norm will be in addition to these edits. Black & White edits and image preparation for large media print are available on request, for NO additional charge. Basic retouches are made at photographer's personal discretion. Any additional requests for image manipulation will be assessed for feasibility and charged an additional fee at a rate of $30/hour, billed in 30 minute increments. Please note that while TBP is proficient at Photoshop it should not be used as an excuse for soiled clothing, wardrobe choices or other indiscretions. The goal is to “get it right” in camera.
Limitation of Liability: If TBP does not perform this Agreement due to any unforeseen circumstance, act of God, act of mosquitoes, emergency, other cause beyond the control of the parties, or due to the photographer's illness, then TBP shall reschedule the session with me, or return the session deposit but shall have no further liability with respect to the Agreement, or the services to be rendered to me pursuant to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event TBP fails to perform for any reason, TBP shall not be liable for any amount in excess of the amount paid on the order. All legal lingo aside, TBP also values integrity, and will make every attempt to “do right” by her clients.
Assumption of Risk: The client voluntarily assumes full responsibility on their behalf, and that of any minors accompanying for the session, for any risks or personal injury, including death, that may be sustained by the client, or minor children, or loss or damage to personal property, as a result of participation in the session. The client recognizes and acknowledges that risks inherent to participation can be greatly reduced by exercising caution and common sense and following direction given by TBP. The client hereby releases, waives, discharges, and promises not to sue TBP, from all liability resulting in personal injury, accidents or illnesses (including death), and property loss or damage sustained during the session. All legal lingo aside, I want you and your children safe, at all times. This is a working farm, and although every effort has been made to keep your children (and mine) safe, please be careful and watch your children at all times. PLEASE use caution around the farm, and practice kindness and common sense around the animals. Insurances PROHIBIT clients from entering the horse fences or entering/climbing the silo.
Choice of Law/Arbitration: The Parties to this Agreement agree that all disputes arising under, or related to, this Agreement shall not be litigated in a lawsuit, but shall instead be submitted to final, binding, and non-appealable arbitration under the Commercial Arbitration Rules of JAMS. The arbitration must be conducted within Hennepin County, MN. Any arbitration shall be handled by a single neutral arbitrator mutually selected by the parties, or by JAMS if the parties cannot agree.
IMAGES and COPYRIGHTS: The photographs produced by Tracie Bea Photographie are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Tracie Bea Photographie’s explicitly written permission. Upon final payment by the client, the client has limited copyright (right to print) of the resulting images with which the client may make prints for personal use and sharing, as well as use for their personal blogs, sites, and social networks. You may not sell the images with this type of copyright. Please do not edit or enhance the images. This includes the application of “filters” and use/allowance of “auto-correct” color features on social media platforms. Please credit photographer when relevant/possible. Images given will be in full resolution .jpeg format only, converted from the RAW files in which they were shot. Client should back up and preserve files given, as TBP will only attempt to keep backup files for one year following session. Client agrees AND COMPLIES with the request that prints be made at reputable print houses, and NOT at local big box stores, which use sub-par inks, canvas and papers. Female clients promise to not nitpick at their appearance, rather enjoy the beautiful family you have created. Male clients agree to remove all large cell phones, keys and thick wallets from pants prior to shoot, and to pay attention to what color their socks are. Also, tho shall not whine.
MODEL RELEASE: The Client & Subject hereby grant to Tracie Bea Photographie the right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium. The CLIENT hereby releases Tracie Bea Photographie and its legal representatives and assigns from all claims and liability relating to said photographs. Additional provision for minors: I warrant and represent that I am the father, mother or legal guardian of the minor child(ren) Model(s) named above. I have carefully read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents thereof. I agree that this release agreement shall be binding upon my child, me, my heirs, legal representatives, and assigns. While sharing my work is the bulk of my marketing, if you have special considerations regarding my use of your images on social media, etc. please discuss. My clients are important, and your wishes & concerns come first.
Miscellany: This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Minnesota.
ALL prints, products, wall art and full size digital files are NOT included. For more details, please contact TBP.
Release of Liability Waiver for Shooting with Live Animals: In the event TBP is supplying live animals for client's images, it will be done so with safety as the priority. The farm animals are either personally owned by TBP and carry a clean bill of health, or are supplied by an outside vendor who is both licensed and certified by the USDA. AT NO TIME is the client or minors allowed to be in the immediate presence of a live animal without the direct supervision of a parent/guardian and the owner(s) of the animals. By signing this waiver, the client assumes any risk, and takes full responsibility and waives any claims of personal injury, death or damage to personal property associated with the activities and events organized by Tracie Bea Photographie.
By continuing with this session booking, I acknowledge that I have received and understand the information given.
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By continuing with this session, and/or signing below, I confirm that I have read and understand this Agreement, and I agree to all of its terms.