Photography Terms & Conditions

Photography Terms & Conditions




1. Copyrigh

The entire copyright in the Photographs is retained by Xinyan Photography at all times throughout the world。


2. Client Usage

The Client is obtaining prints for personal use only, and shall not sell prints or authorize any reproductions thereof by parties other than Xinyan Photography


3. Display

The client(s) hereby allow(s) Xinyan Photography to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums, and photo contests etc.


4. Creative licence, Coverage and Reproduction


4.1 Photographs taken during the shooting period will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.

4.2  Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.

4.3 Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.

4.4  Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

4.5 Retouching   The photographer employs top photography designer to retouch some photos for clients. All images will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc according to photographer and clients’ requirement.

4.6 The final retouching JPEG files from designer may take around eight weeks after the original files sent. The final products like albums take another two months to manufacture after the retouched files completed.


5. During shooting


5.1 The photographer will be the sole professional photographer at the venues specified. The photographer does however positively encourage family to take part in the photo-taking-process. We consider that the photography is the process of family activities.

5.2 All the photography will be taken by specified time agreed. Photographer will not guarantee how many photos will be taken by the number. The photographer commences at the scheduled time and will stop when the allowed period of time has ended. The shooting time includes any clothes changing time, making up time, and transportation time from one place to others. Any photography following this time will be at the discretion of the photographer or if expressly agreed by two parties.

5.3 Clients need to pay the transportation fee from and to shooting venues for photographer.


6. Style

Yanhong Zhang’s styles are mainly documentary photograph and fashion photography. You acknowledge that you are familiar with our style, and that our work is continually evolving and are of a unique and artistic nature, that the photos taken may be different from those taken in the past and that the photographer will use their expertise and artistic judgement to create images consistent with their vision of the photography


7, Booking Deposit and Payment

The Client shall make a booking fee as per contract to retain the Studio to perform the services specified in the contract.


8. Cancellation

8.1  If the Client shall cancel this Agreement more than six (6) calendar days before the photo shooting day, any booking fee paid to the Photographer shall be refunded in full.

8.2 If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.


9. Personal Accident
9.1 The Client acknowledges and agrees that the Client is responsible for, and shall take all reasonably necessary steps to ensure, its own personal safety and that no action or inaction of the Client causes harm or risk to the health and safety of others. Notwithstanding the above, the Client agrees to comply with any reasonable health and safety directions given by the Photographer.

9.2 Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.


10, Modeling


If you agree to become a model of Xinyanphoto, you agree that:

10.1 The photographs taken  during the sessions can be used wholly or in part in any publication (commercial or otherwise), portfolio or public display.

10.2 The photographs may be used to represent an imaginary person and any wording associated will not be attributed to you unless your name is specifically mentioned.

10.3  You give up all claim of ownership of the photographs, and assign copyright to the photographer of Xinyanphoto.

10.4  No further payment will be due.

10.5  Use of the photographs may be granted to third parties, however the photographs will remain the property of the photographer.


11,Photographer Not Liable For Losses

Except as provided by the Consumer Guarantees Act 1993, the Photographer shall not be liable for:
   A, Any loss or damage arising by reason of any delay in the completion of the Photographic Works; or
   B, Any loss of profits or revenues; or
   C, Any indirect or consequential loss of whatever nature; or
   D, Any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client’s               verbal instructions.


Any question or inquiry, please contact us! Thanks.

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