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 it must be done 7 days before session date.

Rescheduling/Late Arrivals. Rescheduling 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.

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. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.

Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use.

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. The Client shall not alter, edit or crop photographs. Tagging the Photographer’s business page is not necessary but appreciated.

Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability. 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.

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.

Photographer’s Standard Price List. The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

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. The Photographer shall be held harmless for any and all injury to the Client caused by wildlife, and overall nature and environment.

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.