This Photography Agreement is entered into as of the below signed date by and between Tanya Consaul Photography, (“Photographer”), and (“Client”), each a “Party” and collectively the “Parties.”

Accepting quote, also is considered a signature and acceptance for this contract.

Any payment plan agreements agreed to by the Photographer and the Client shall be included as an addendum to this Contract. Gallery is unlocked when the entire amount is paid in full. All sales are final.

Cancellation. If the Client requests to amend or cancel this Contract for reasons other than Force

Majeure, it must be done 7 days before session date. Rescheduling/Late Arrivals. Rescheduling for reasons

other than Force Majeure will be done at the discretion of the photographer. Any Client that is late arriving to

the event will have the amount of time late deducted from the time allotted for the event. Clients shall not

be compensated for the time deducted from the event due to late arrival of the Client.

Photographer Cancellation. The Photographer reserves the right to cancel this Agreement due to unforeseen

circumstances that significantly impact their ability to fulfill their obligations, such as relocation, illness, or

family emergency. In such a case, the Photographer will provide written notice to the Client at earliest date

prior to the scheduled shoot date. The Photographer will make a good faith effort to find a suitable replacement photographer for the Client, but is not obligated to do so. The Client will receive a full refund of any payments made to date.

Subjects. The Client shall maintain control of other subjects, including but not limited to, siblings and pets.

Completion Schedule. Edited Photos shall take up to 1-2 weeks to process. An expedited fee of $100 shall be applied to expedited image requests.

Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $10 per file.

Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract. When an online gallery is delivered, it shall remain open for 30 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $25 un-archival fee shall apply. Images are complexly purged from back up yearly and are not recoverable.

Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the

course of this Contract, including but not limited to, all images in their original and processed formats. It is

understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17,

Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written

permission of the Photographer.

Commercial Client Usage. Commercial use permitted. Client can use the images for any purpose deemed appropriate by Client, including marketing, promotional materials, and distribute event images as needed. No image use restriction on event and commercial photo sessions.

Social Media. The Client may share purchased images on their social media. The Client shall not screenshot, or capture the photographs in any other fashion. Tagging the Photographer’s business page is not necessary but appreciated.

Failure to Perform. Further, if the Photographer is unable to deliver photographic materials due to

technological malfunctions, including but not limited to the equipment operation and image processing, or

photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be

limited.

Force Majeure. Neither party shall be in default under this Agreement for a failure to perform, if such failure results from fire, explosion, strike, freight embargo, natural disaster, act of God, act of the public enemy, war, civil disturbance, terrorism, act of any government de jure or de facto or agency or official thereof, government restrictions, travel restrictions, public health emergency, government-imposed measures responding to the outbreak of infectious disease, labor shortage, transportation contingencies, unusually severe weather, quarantine restrictions, pandemic, epidemic, catastrophe, or any other similar cause, whether of the kind enumerated or otherwise,

beyond the reasonable control of such party, rendering performance inadvisable, impracticable, illegal or impossible. Whenever possible, any schedule or time for performance set out in this Agreement shall be extended as necessary to overcome the effects of such force majeure. If the parties do not mutually agree to reschedule performance, this Agreement shall terminate, no additional payments from Client shall be due, and Photographer will refund any amounts previously paid by Client minus any verified expenses already incurred.

Use of Independent Contractor. In the event a third-party Independent Contractor is hired for services and/or

products for the photographic event, the Photographer is not liable for any actions by the Independent

Contractor. This includes, but is not limited to, allergies as a result of use of the products/services by the

Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor

Archive. After six months, all images will be purged from the photographer’s hard-drive, except as needed for

promotional purposes, to be determined by photographer at the photographer’s sole discretion. Photographer

is not responsible for loss to the digitals files due to circumstances beyond the photographer’s control.

Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client’s

property during the course of the photography session and the immediately surrounding events to the

extent that such injury and damage result from the negligence or intentional misconduct of Client.

Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this

Contract 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 Contract. This Contract shall be governed by the laws of the State of Florida.