IN PERSON WORKSHOP AGREEMENT

CINDY SWANSON PHOTOGRAPHY

This Agreement is between Cindy Swanson Photography (hereafter “Company”), and you
(hereafter “Attendee”), for the purpose of Attendee participating in an in person
workshop on March 7, 2023 -March 9, 2022 in Dallas, TX (“Workshop”). This Agreement shall
become effective upon the date of the both Parties’ signatures below.

1. Scope of Workshop
The Workshop will take place on March 7-9, 2023 in Dallas, TX . The Workshop includes Welcome party and dinner first night, lunches the next 2 days, 2 styled shoots, and in person learning. This workshop does NOT include lodging, breakfasts or dinner on second and third night, during the dates Attendee is in attendance. Attendee understands there will be no coaching by Company before or after the Workshop dates.
Attendee is responsible for all lodging and travel (car transport and airfare) to get to and from the Workshop. Company will provide transportation to and from the location shoots.

2. Fees
Attendee agrees to pay $1900.00 (Earlybird) or $2100 after, for the Workshop and services provided by Company.
Attendee may either (1) pay the full fee; or (2) pay three equal installments automatically. In the event
Attendee elects a payment plan, the initial 33% payment of the total fee will be deemed a nonrefundable,
non-transferable retainer. In the event Attendee elects to pay the full fee, 50% of the
full amount will be deemed a non-refundable, non-transferable retainer. If Attendee elects payment plan option, Attendee is responsible for paying Company the entirety of the remaining the
balance. The payments must be paid on time and any default in payment will result in immediate
removal from the Workshop whereby Company shall deem all other payments made as
liquidated damages. Company retains the right to legally enforce Attendee to pay any remaining
balance on their payment plan should cancellation or non-payment occur. Attendee will not be
allowed into the Workshop on the dates indicated above unless the full fee is paid beforehand.

3. Reservation Fee & Cancellation by Attendee
Attendee shall reserve a seat at the Workshop by signing this contract and paying the fee
indicated in Section 2. No spot is reserved until this Agreement and fee are received. In the event
Attendee cancels this Agreement or is unable to attend the Workshop for any reason whatsoever,
no refund will be given. Attendee may only sell their Workshop ticket with the express consent
of Company. Notice of Cancellation must be made in writing at least [14] days prior to the
Workshop date and sent via email to Company. Without proper Notice of Cancellation, Attendee
will be required to pay all additional fees due.

4. Duty of Company & Cancellation of Services
Company agrees to perform at the Workshop to the best of its abilities. Company reserves the
right to change the Workshop schedule, sessions, speakers, or food selections at any time. In the
event Company determines, in its sole discretion, that it cannot or will not perform its obligations
for the Workshop under this Agreement due to circumstances including, but not limited to,
injury, illness, death of family member, pregnancy, military orders, religious obligations, or other
personal emergencies, it will:
1. Immediately give notice to Attendee;
2. Attempt to reschedule the Workshop date;
3. If no reschedule is possible, cancel the Workshop and issue a refund or credit to
Attendee based on a reasonably accurate percentage of services rendered up to the
point of cancellation; and
4. Excuse Attendee of any further performance and/or payment obligations under this
Agreement.

5. Duty of Attendee at Workshop
Attendee hereby represents that Attendee will conduct itself in a respectful, safe and prudent
manner while participating in the Workshop and shall refrain from inappropriate behavior.
During in the Workshop, every Attendee will be treated with respect, regardless of their chosen
philosophy and whether or not Attendee agrees with others’ approach or opinions. Bullying is
not allowed under any circumstances whether verbal, audio, video or in writing and is grounds
for immediate dismissal from the Workshop. Company retains the right, at its sole discretion, to
ask Attendee to leave the Workshop early if Attendee’s behavior is unacceptable. Company
reserves the right to cancel a Workshop activity or release a Attendee if it feels the Attendee’s
conduct is inappropriate or disruptive. Attendee agrees to release and hold Company harmless
from any damages that may result from its dismissal from the Workshop.

6. Confidentiality
Attendee understands that that certain information of a confidential nature may be disclosed by
the Company, presenters or other Attendees during the Workshop, including, but not limited to,
personal information, tools, processes, strategies, materials, slides, and other business trade
secrets. All information given and conversations held inside the Workshop are confidential
including anything related to another attendee’s business. Attendee understands and agrees that
they must respect the privacy of the other attendees. Attendee shall not intentionally disclose any
confidential information to any third party without specific approval by Company, the other
speakers, and/or attendees.

7. Model Release
This Agreement serves as a model release giving Company the irrevocable right to use the
photographs and video taken by Company at the Workshop in all forms and in all media and in
all manners, without any restriction as to changes or alterations, for advertising, trade,
promotion, exhibition, or any other lawful purposes. Attendee waives any right to inspect or
approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to
which it may be applied, including written copy that may be created and appear in connection
therewith. This release is binding on the Attendee, their legal representatives, heirs, and assigns.

8. Bonuses
Company may offer bonuses for paying in full, early bird pricing, or other similar promotions for
enrolling in the Workshop. Specific bonuses are only guaranteed at the exact time when
Attendee enrolls. Attendee may only receive the benefit of in-person bonuses during the
Workshop. No bonuses are available to be used or “cashed in” after the Workshop ends.
Company reserves the right to change or alter bonuses and promotions throughout the enrollment
process in its sole discretion, whereby attendees may receive differing bonuses upon enrollment.

9. Communication
All questions, concerns, feedback and Workshop related questions shall be directed towards
cindy@cindyswansonphotography.com and will be answered by Company during its business days Monday thru Friday,
9am-5pm, CST]. Company typically replies to emails within [72] business hours.
Company WILL NOT answer any emails or direct messages on social media from Attendee.

10. No Guarantees
Company does NOT make any guarantees as to the results, including personal, business,
financial or other gains, of any services provided at the Workshop. Attendee agrees to take
responsibility for Attendee’s own results.

11. Release & Reasonable Expectations
Attendee has spent a satisfactory amount of time reviewing Company’s business and has a
reasonable expectation that Company’s services throughout the Workshop will produce different
outcomes and results for each Attendee. Attendee understands and agrees that:
  Every Attendee and final result is different.
  Business coaching and mentoring is a subjective service and Company may give different
information to each Attendee depending on their needs and business needs.
  Company will use its judgment to create a favorable education experience, but that each
Workshop topic’s core subject may not be applicable to each Attendee depending on their
business needs at that time.
  Dissatisfaction with Company’s independent judgment or individual coaching style are
not valid reasons for termination of this Agreement or request of any monies returned.

12. DISCLAIMER
Attendee agrees and understands Company is not providing the professional services of an
attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or
certified professional. Should Attendee desire professional services that exceed the scope of this
Agreement, Attendee must sign a letter of engagement of said professional services with the
appropriate service provider.

13. Medical Treatment
Attendee is responsible for their own health and safety while attending the Workshop, and for
seeking medical attention as necessary for any allergic reactions, illness or injury that they may
experience while attending the Workshop. In an event where it becomes reasonably necessary for
Attendee to receive medical treatment at either Attendee’s request or Company’s discretion
during the Workshop, Attendee understands and accepts full responsibility for any and all
medical expenses arising out of any treatment from such an incident. In the event that Attendee
is unable to make medical decisions in an emergency, Attendee consents to the care of any
reasonable physician or treatment center to administer treatment until Attendee’s Emergency
Contact(s) can be reached and take over Attendee’s care decisions.

14. Assumption of Risk
Attendee understands and agrees that the Workshop includes some dining, social and recreational
activities. Any activity can involve an element of risk or injury. Attendee assumes the risk of any
activity, and the risk of using any reasonable means of transportation to and from such activities,
whether provided by Company or a third party. Company will make a reasonable attempt to
accommodate any specific housing, dietary or other health requests, or let the Attendee know if
such a request is not possible. If Company cannot provide for a specific request, or Attendee
does not wish to assume any such risks, Attendee may take responsibility for providing their own
food, accommodations, transportation or anything else that the Attendee needs or wants to
participate in the Workshop.

15. Attendee’s Responsibility to Secure Insurance
Attendee understands and agrees that it is their responsibility to acquire and purchase an
adequate amount of travel, medical or other insurance that insures the Attendee against sickness,
health issues, bodily harm, travel cancellations or delays, and incidental or direct damages
resulting from Attendee’s participation in the Workshop. Attendee agrees to indemnify and hold
Company harmless for all such occurrences.

16. Safe Working Environment
Attendee understands and agrees that Company maintains a safe work environment at all times
and complies with all health and safety laws, directives and rules and regulations. Attendee
further understands and agrees that during the Workshop Attendee shall not carry weapons or
firearms, be exposed to severe illness, or request the Company to do anything illegal or unsafe.
Further, Company will not host the Workshop in any location or area deemed to be unsafe in its
sole discretion, including, but not limited to, areas affected by wildfires, hurricanes, avalanches,
communicable diseases, quarantined areas, or other similar occurrences. In the event any of these
circumstances arise, Company reserves the right to reschedule the Workshop or terminate
Attendee’s participation immediately during the Workshop. Company shall be entitled to retain
all monies paid and Attendee agrees to relieve and hold Company harmless as a result of an
incomplete Workshop experience.

17. Non-Disparagement
The Parties agree that, at all times during this Agreement, they shall use reasonable and good
faith efforts to ensure that neither party engages in any vilification of the other, and shall refrain
from making any false, negative, critical or disparaging statements, implied or expressed,
concerning the other, including, but not limited to, management style, methods of doing
business, the quality of products and services, role in the community, or treatment of other party.
The Parties further agree to do nothing that would damage the others business reputation or good
will; provided, however, that nothing in this Agreement shall prohibit either party’s disclosure of
information which is required to be disclosed in compliance with applicable laws or regulations
or by order of a court or other regulatory body of competent jurisdiction.

18. Indemnification
Each Party hereby agrees to indemnify and hold harmless the other Party and its agents from and
against any and all losses, damages, liabilities, expenses and costs, including reasonable legal
expenses and attorneys’ fees, to which the other may become subject as a result of any claim,
demand, action or other legal proceeding by any third party to the extent such losses arise
directly or indirectly out of activities performed by the other Party pursuant to this Agreement,
except to the extent such losses result from the gross negligence or willful misconduct of a Party.

19. Maximum Damages
Attendee agrees that the maximum amount of damages it is entitled to in any claim relating to
this Agreement or services provided in this Agreement are not to exceed the total cost paid to
Company or promised to be paid to Company for participation in this Workshop.

20. Limitation of Liability
In no event shall Company be liable under this Agreement to Attendee or any other third party
for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages,
arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a)
whether such damages were foreseeable, (b) whether or not Participant was advised of such
damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim
is based.

21. Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under
or breached this Agreement, for any failure or delay in fulfilling or performing any term of this
Agreement (except for any obligations to make payments to the other party hereunder), when
and to the extent such failure or delay is caused by or results from acts beyond the impacted
party’s (“Impacted Party”) control, including, but not limited to, the following force majeure
events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions,
earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c)
war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other
civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or
after the date of this Agreement; (f) action by any governmental authority; (g) national or
regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances;
and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give
Notice within 5-10 days of the Force Majeure Event to the other party, stating the period of
time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end
the failure or delay and ensure the effects of such Force Majeure Event are minimized. The
Impacted Party shall resume the performance of its obligations as soon as reasonably practicable
after the removal of the cause. In the event that the Impacted Party’s failure or delay remains
uncured for a period of 15-30 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice. The retainer and all other payments made by
Attendee up to the date of Notice of a Force Majeure Event are non-refundable. In the event this
Agreement is terminated due to the impossibility of the Impacted Party to cure its performance
obligations, such payments shall be credited to Attendee’s account and shall be used for another
workshop within [12] months from the date of Notice of the Force Majeure Event.

22. Sales Taxes
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be
collected from Attendee and remitted by Company. All sales tax will be included on invoices.

23. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes
any other written or oral agreements between Attendee and Company, and any modifications
must be in writing, signed by both Parties, and physically attached to the original agreement.

24. Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of
[enter state] including all matters of construction, validity, performance, and enforcement and
without giving effect to the principles of conflict of laws. The Parties agree that any dispute or
lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or
state court of competent jurisdiction located in [county, state]. The Parties assume responsibility
for their own collection costs and legal fees incurred should enforcement of this Agreement
should it become necessary.

25. Mediation and Arbitration
Any and all disputes or disagreements rising between the Parties out of this Agreement upon
which an amicable understanding cannot be reached, shall be decided first by mediation, and if
mediation is unsuccessful, then arbitration in accordance with the procedural rules of the
American Arbitration Association. The Parties agree to be bound by the decision of the
arbitrator(s). The arbitration proceeding shall take place in [County, State]. another location is
mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally
by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the
dispute for arbitration.

26. Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the
remainder of this Agreement shall remain valid and enforceable. Any failure by one or both
Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion
or provision of this Agreement.

27. Transfer
This Agreement cannot be transferred or assigned to any third party by either the Company or
Attendee without written consent of both Parties.

28. Headings
Headings and titles are provided in this Agreement for convenience only and will not be
construed as part of this Agreement.

29. Notice
Parties shall provide effective notice (“Notice”) to each other via email at the date and time
which the Notice is sent: Company’s Email: cindy@cindyswansonphotography.com; Attendee’s Email:

Participant Signature
By [checking the box “I Agree”] on this order form and upon completion of purchase, Attendee confirms that it has read, understands, and agrees to the terms and conditions of this Agreement.”

Company Signature
After Attendee completes checkout and Company sends a
confirmation email to Participant, Company confirms that it has
read, understands, and agrees to the terms and conditions of this
Agreement.”