EFFECTIVE DATE OF AGREEMENT

This Agreement becomes effective upon the Client’s submission of the booking form and acknowledgment of these Terms and Conditions by checking a confirmation box. Submission constitutes binding acceptance of the Agreement.

DESCRIPTION OF SERVICES

Photographer agrees to photograph the Client or Client’s requested subject(s) during the session, with the understanding that the Client desires the following result(s).

The Photographer will make a good faith effort to achieve the Client’s desired results; however, the Photographer maintains full discretion and creative control over the session. The Photographer will use equipment and take photographs as deemed appropriate. Desired results are subject to the terms outlined in this Agreement.

AMENDMENT & VERSION CONTROL CLAUSE

This Agreement reflects the terms in effect at the time of booking and form submission. The Photographer reserves the right to update or modify this Agreement at any time for future bookings. Any changes will not affect existing Agreements unless mutually agreed upon in writing by both parties. The most current version of the Agreement will always be available on the Photographer’s website or upon request. 

TERMS AND CONDITIONS

1. The Photographer is the exclusive professional retained to provide the photography services stated in this Agreement. If necessary due to illness or scheduling conflicts, the Photographer may assign a competent substitute.

2. Any substitute photographer will be experienced and qualified to provide the agreed-upon services.

3. No part of any order, including previews, will be delivered until the balance is paid in full.

4. The Photographer reserves the right to use images created under this Agreement for advertising, display, publication, and promotional purposes. The Client represents that they have full authority to permit the use of all likenesses in the photographs and agrees to indemnify the Photographer in the event of any dispute or litigation. All digital files, negatives, and previews remain the sole property of the Photographer unless a shared copyright agreement is signed.

5. A Shared Copyright agreement permits the Client to use images in any personal manner with proper credit to the Photographer.

6. Upon signature, the Photographer will reserve the agreed-upon time and date. Unless the session can be fully replaced, all sitting fees and deposits are non-refundable, even in the event of rescheduling or cancellation, except due to inclement weather.

7. In the event of inclement weather or other adverse conditions that prevent a quality session, the Photographer may reschedule or use an alternative location at their discretion.

8. If the Photographer is unable to perform due to illness, emergency, natural disaster, or other causes beyond control, all payments will be refunded, and no further liability shall apply. This limitation also applies if photographic materials are damaged, lost, or rendered unusable through no fault of the Photographer. In no case shall the Photographer’s liability exceed the total amount paid.

9. The Client understands that photographic prints may fade or discolor over time due to inherent qualities of dyes. The Photographer is not liable for claims related to such degradation.

10. Pricing is based on the Photographer’s standard rates in effect at the time of this Agreement. Future orders will reflect pricing at the time of purchase.

11. This document contains the entire Agreement. Any changes must be made in writing and signed by both parties.

PAYMENT TERMS

Total Fee

The selected session fee is required even if the Client ends the session early. Payment in full must be received before any image delivery. Late payments may result in delivery delays.

Deposit (non-refundable)

A 20% non-refundable retainer is due at signing or as agreed. The Photographer will not reserve the session time or begin services until the retainer is paid in full unless agreed upon in writing between the Photographer and Client. If the Photographer must cancel the session and no suitable reschedule can be arranged, the retainer will be refunded.

Travel Fee

A travel fee of IRS rate per mile will apply for locations more than 50 miles from Duluth, MN.

Additional Services & Pricing 

Optional services such as additional photographers, extended coverage, expedited editing, or specialty edits are available at an additional cost. Current rates for these add-ons can be found on the Photographer’s official website and are subject to change. Prices in effect at the time of booking or service request will apply.

IMAGE DELIVERY TIMELINE

Final edited images are estimated to be delivered within 4–6 weeks after the session. Delivery timelines may vary based on workload, holidays, or unforeseen delays. No compensation or refunds will be given for delays unless expressly agreed in writing.

DIGITAL DELIVERY FORMAT CLAUSE

Images will be delivered via digital download through an online gallery. The Photographer does not provide RAW files unless agreed in writing. Final delivered images are suitable for print and online use at standard resolutions.

EDITING & REVISION POLICY

Each session includes standard post-processing. Additional editing requests may incur an extra fee, billed at the Photographer’s current hourly rate.

NO REFUNDS

By signing this Agreement and paying the retainer, the Photographer blocks off the session time exclusively for the Client. Therefore, all fees and retainers are non-refundable, except as described in Section 10.

CLIENT COOPERATION CLAUSE

The Client agrees to arrive on time and cooperate during the session. The Photographer is not responsible for missed shots or subpar results due to lack of client cooperation, tardiness, or unforeseen behavior.

INABILITY TO PERFORM

In case of the Photographer’s illness or emergency, the Photographer may assign a replacement. The Photographer is not obligated to reschedule the session unless otherwise agreed. The Photographer is not liable beyond refunding any payments made.

EXCLUSIVITY

Only the Photographer (or assigned professional) may take photographs during the session. This restriction includes the Client and all guests, and applies to all recording devices unless written permission is given.

LIMITS OF LIABILITY

If the session cannot be completed due to circumstances beyond either party's control, all fees will be refunded. The Photographer is not liable for any damages, losses, or expenses beyond the cost of this Agreement. If materials are lost, damaged, or destroyed, Photographer’s liability is limited to a refund of the fees paid. Neither party shall be liable for failure to perform due to events beyond their reasonable control (including but not limited to natural disasters, pandemics, or government restrictions). In such cases, the Photographer will make reasonable efforts to reschedule.

Severability Clause
If any provision of this Agreement is found to be invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.

PHOTOGRAPHER'S STYLE & DISCRETION

The Client agrees to hire the Photographer based on the Photographer's style and artistic discretion. Dissatisfaction with artistic choices is not grounds for a refund or termination of this Agreement. The Photographer will select the best images at their discretion and deliver the edited files. Raw files or unedited images will not be provided unless agreed in writing.

Non-Guarantee of Specific Shots

While the Photographer will make every reasonable effort to capture requested shots or poses, no specific image is guaranteed due to the candid nature of photography sessions.

ARCHIVING PHOTOGRAPHS

Photographs will be archived by the Photographer for up to one (1) year from the date of delivery. However, the Photographer makes no guarantee regarding the availability, integrity, or recoverability of files due to potential equipment failure, file corruption, accidental deletion, or other unforeseen technical issues. The Client is strongly encouraged to download and back up all delivered files upon receipt, as the Photographer shall not be held liable for lost or damaged images beyond the stated archiving period or due to events outside the Photographer’s control.

RESTRICTIONS ON USE OF PHOTOGRAPHY

All images remain the sole intellectual property of the Photographer (Tmagery). The Client agrees not to alter, modify, or claim ownership. The Photographer may use images for business, marketing, and portfolio purposes unless the Client opts out in writing.

INTELLECTUAL PROPERTY RIGHTS & RELEASE

The Photographer retains full copyright of all images. The Client releases all personal or proprietary claims to the images and permits the Photographer to use them for any lawful purpose. The Client receives a non-exclusive, non-transferable license to use the delivered images for personal use only (e.g., printing, sharing with family, posting on social media with credit to the Photographer). Any commercial use, resale, or publication outside personal use requires prior written consent and a separate license.

CANCELLATION & RESCHEDULING 

Rescheduling for emergencies or weather is at the Photographer’s discretion. All cancellations forfeit the retainer.

MODEL RELEASE

The Client grants permission for the Photographer to use images for promotional, portfolio, or publication purposes unless a written request to opt out is provided.

CHILDREN / PETS DISCLAIMER

For sessions involving children or pets, the Client is responsible for supervision and behavior. The Photographer is not responsible for uncooperative subjects.

LIABILITY WAIVER & LEGAL RELEASE

By form submission, the Client agrees to release and hold harmless the Photographer and Photographer’s business, affiliates, agents, and employees from any and all claims, demands, damages, or legal actions arising out of or in connection with the photography services provided. The Client agrees that no legal action will be pursued against the Photographer or associated business for any reason related to the session, services, or final images, except in cases of willful misconduct or gross negligence as defined by applicable law.

DISPUTE RESOLUTION & LIMITATION OF LEGAL RECOURSE

This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to conflict of law principles. The Client agrees that any and all disputes, claims, or controversies arising out of or relating to this Agreement, the services provided, or any images or materials delivered, shall be exclusively resolved by final and binding arbitration administered by the American Arbitration Association, and held in Saint Louis County, Minnesota.

The Client waives any and all rights to file or maintain a lawsuit against the Photographer (individually) or the Photographer’s business in any state, federal, or international court. No legal action of any kind may be initiated or maintained against the Photographer or affiliated entities in any jurisdiction, except through the arbitration process described herein.

The Client further waives the right to a trial by jury, to participate in any class action, or to seek punitive or consequential damages. The maximum liability of the Photographer or Photographer’s business shall not exceed the total amount paid under this Agreement, regardless of the nature or cause of the claim.

By submitting the booking form and/or entering this Agreement, the Client expressly acknowledges and agrees to these terms.

Version 1.0 – Updated May 2, 2025.
This Agreement reflects the current terms and is subject to updates for future bookings.