what carmen says when they take the picture? significance of the tattoo?

when carmen takes the picture of her and jacob, she asks him to promise not to peak at it, then they both shake on the deal. this contradicts the ending of the movie because when the lawyer finds the picture it shows both jacob and an older carmen, not the one that died as a child. Also, what is the significance of the tattoos and the dvds of the hotel room in the movie? thanks