General Terms and Conditions
1. To schedule a session with TG Photo, Inc. also known as Tracy Gabbard Photography there will be a $375.00 reservation fee required to hold the date and time of the session. $200.00 of the paid $375.00 will apply back to the clients order as long as an order is placed at the selection appointment with a minimum amount of $500.00. If an order is not placed or a lesser order than $500.00 is placed the $200.00 will not be credited back to the client in anyway and will be non-refundable and non-transferable.
2. All appointments MUST be scheduled in advance. This guarantees the time and date allotted for you.
3. Personal photos or video of any kind are prohibited during all sessions. Tracy may provide a preview of a session image via social media or the TGP blog for you to share with friends and family but the images provided on the TGP blog or social media can not be altered in anyway.
4. All orders must be paid in full at the time of ordering. Tracy accepts cash, check and credit card. ALL SALES ARE FINAL.
5. All digital files that are attained by the client from the selection appt. will be delivered via a thumb drive when the order is completed, and all items purchased have arrived and are ready to be picked up. Digital files may be printed up to an 8×10 and are for personal use only. They may not be used for advertising or any type of commercial purposes. They DO NOT come with the copyright release.
6. Digital files do come with the print release but they are not to be altered or cropped in anyway. This includes but is not limited to NOT APPLYING FILTERS on digital files for printing or social media, changing the colors of the file. If you would like changes make to the files, please let Tracy know and she will discuss your options with you.
7. Please check your order carefully to ensure that everything is included and to your satisfaction. If you have any problems with your order, please contact us within 5 days. After 5 days, it is assumed that you are fully satisfied. Due to the custom nature of each session, all sales are final.
8. If your child is sick, or should an emergency occur, please call to reschedule.
9. In today’s digital age with all the technology available to us, sometimes issues occur and digital files are lost, damaged or erased. If this occurs, Tracy will do whatever she can to help recover files or consider a re-shoot but Tracy is not responsible in anyway monetarily or with any type of compensation to reimburse for any damaged, lost or erased files.
10. Prices do not reflect sales tax or shipping and handling. If you choose to have your order shipped there will be additional fees.
11. Digital images purchased from Tracy Gabbard Photography will be released with the print release. Printing, copying, downloading or scanning any un-purchased digital files without written permission is illegal and strictly prohibited.
12. You agree that you understand all the pricing structures and costs were clear and understood in an in-person consultation, video meeting or through email or other form of communication. You understand the wall art is custom in nature and pricing can vary based on size and medium and albums are also based on how many images are going into the album.
13. If you have multiple sessions with Tracy Gabbard Photography only one session will be released at a time. No other sessions will be released until the previous session is closed and ordered from.
Specifics for Newborn Session
1. Newborns sessions are typically held 8-14 days after the birth of the baby. This is the optimal age for newborn posing. However, every baby is different and Tracy can not guarantee any pose or poses. She will do her best to get a variety of poses and will take requests if there are certain things parents would like but she can not guarantee that the pose will be achievable. No baby will be put in harms way or made to stay in an uncomfortable position to capture a picture.
2. Newborn sessions typically last between 2-3 hours.
3. Tracy would like to be contacted with in 24 hours after the baby’s birth if possible. Text, calling or emailing is fine. She will reply back with the session date and time.
4. Tracy prefers to do newborn sessions in the studio but if you have prearranged an in home session with Tracy please make sure the following directions are followed in order to ensure the best possible environment for a newborn session
*Home temperature about 86 degrees
(this can be achieved by turning off the air in the summer or turning on the heat for a period of time)
*There is larger space close to a window for Tracy to use for the posing portion of the session
*Remember that Tracy is a natural light photographer. Non sufficient light can compromise the quality of the pictures. Tracy will do her best to find adequate light by possibly moving furniture or adjusting blinds or curtains but there is no guarantee that she will be able to find what is needed with the space needed for her to work and create quality images.
Video Project Agreement
For the purpose of creating this video/photography project in January 2020 Tracy agrees that she will provide the Jason and Meghan Purvis and their children (Braxton and Lincoln) with a complimentary newborn session, a framed wall gallery and the digital files resulting from the session. Tracy will also offer an album at a 50% discount if Jason or Meghan choose to purchase one.
Jason and Megan agree that there will be no monetary compensation for themselves or their children (Braxton and Lincoln) for participating in the video project. Jason and Meghan agree to participate in the newborn session with their children at the Tracy Gabbard Photography studio (4760 East Bay Dr. Clearwater, Fl 33764) at the decided time (TBD). They will also participate in the selection appointment that will be scheduled after the newborn session at the TGP studio. Jason and Meghan agree to have the videographer (Shanon Gazdacka) into their home and video tape for the video project while Tracy installs their wall gallery. These will be 3 separate events and will take place on different dates and times but those will be determined at a later date.
Waiver of Liability Release
By agreeing to a photography session with TG Photo, Inc. also knows as Tracy Gabbard Photography, I am hereby waiving, release and discharging TG Photo, Inc. and all its affiliates from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter occur to me, or my family including my traveling to and from this event. TG Photo, Inc. is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release the photographer from any claims against their person or their business. Client swears that each person is participating voluntarily in the said photography session and forfeit all rights to bring a suit against TG Photo, Inc. also known as Tracy Gabbard Photography for any reason.
Tracy often gives “same day sneak peeks” of your the session and then other peeks during the time you are waiting for you full gallery. This is often done on FB, the TGP blog and other social media sites. She may also use them on her website or for other advertising. Tracy NEVER uses names of anyone in any posting of images. If you would like sneak peaks of your session and give Tracy permission to use these images or video from your session for other types of advertising please check and sign the appropriate box in the form.
Tracy owns Federal copyright of all images created and reserves the right to use all created work in her online portfolio, on business forms and her own printed marketing and promotional material, in her commercial work, and to submit for professional print competitions, local + national gallery exhibitions and magazine publications, both printed and online. By checking ‘Yes’, you agree to the following: ‘I hereby consent that my name and my children, Braxton and Lincoln and the photographs and video taken and presented by this photographer and videographer (Shanon Gazdacka) may be used by Tracy Gabbard Photography for the purpose of display, portfolio, advertising, website or any publication to promote the business. I also agree that the images and video can be used without additional compensation to the undersigned. I am of full age and have the right to contract in my own name and my children (Braxton and Lincoln). I have read this model release and fully understand the contents thereof. This release shall be binding upon me and my heirs, legal representatives, and assigns. I have legal authority to grant these permissions and I accept all responsibility for such.’ (If under 18, we will need a parent or legal guardian’s signature.)
*The reservation fee is non-refundable and non-transferable. If an emergency occurs the session may be rescheduled. The only exception to this is if a client is visiting from another state and the weather conditions prevent the session from being rescheduled during the time the client will be here.