CONTRACT & DETAILS
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."
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.)
Cancellation policy:
Your session fee is non-refundable, but transferrable with no expiration.
Session info: 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, threatening or scolding the subjects are often poison to my workflow. Sad or scared kids don’t smile. Kindly put your own cameras and phones away for the duration of our session. You have hired ME to be the photographer, and the subjects need to work with me to get the images we all want. Exceptions are when we have finished the session and kids are feeding the critters, petting horses, etc.
Clients agree to stand by and enjoy watching their children play and interact,
and assist TBP on request.
Image Selection: I understand that following our session time together, and the completion of my images, TBP will arrange a date with me to make my gallery available online. There may be a limited time window to view & order, to assist with workflow for both client and studio. There may be a $25 fee per day to re-list or extend the availability of the online gallery past the expiration date. Any spouses, grandparents, etc. are asked to complete their orders within this time frame as well. This is designed to discourage procrastination, and complete our session in a timely manner. If you wish to order more at a later date, please contact TBP about re-listing the gallery, which may be subject to availability, and to a re-listing fee.
Image Retouching: The session fee covers all image editing within the style consistent of the photography shown in TBP's portfolio. Any variance outside the norm will be in addition to standard 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: I voluntarily assume full responsibility on my behalf, and that of any minors accompanying me for our session, for any risks or personal injury, including death, that may be sustained by me, or my minor children, or loss or damage to personal property owned by me, as a result of participation in the session. I recognize and acknowledge that risks inherent to participation can be greatly reduced by exercising caution and common sense and following direction given by TBP. I hereby release, waive, discharge, and promise not to sue TBP, from all liability resulting in personal injury, accidents or illnesses (including death), and property loss or damage sustained during my session.
All legal lingo aside, I want you and your children safe, at all times.
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 to print favorite photos and not leave them on a disk in the drawer. 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. 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. See above fees for edit fees, if applicable.
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.
By completing this form below, I confirm that I have read and understand this Agreement,
and I agree to all of its terms.