Jean Huang Photography
Portrait Agreement

This document is a contractual agreement made between: Jean (Jiaying) Huang (referred to hereafter as “Photographer”) and Client (as hereby signed below).

AGREEMENT TERMS 

PORTRAIT SESSION: At the signing of this Agreement and the payment of $995 retainer (referred to hereafter as “Retainer”), Client is reserved a 90 to 120 minutes of session time at the time and date mutually agreed to between Photographer and Client.

ORDERING APPOINTMENT: Client will schedule an ordering appointment approximately 2 weeks after the portrait session. All decision makers are expected to be present at the ordering appointment and Client will be making selections and orders at this time. If all decision makers are not present, the ordering appointment will be rescheduled and a $200 fee will be collected upon reschedule.

Unless with prior agreement with Photographer, all images are subject to data clean-off 60 days after the portrait session. 

At the ordering appointment, approximately 25-30 images, selected at the Photographer’s discretion, will be viewed. The order will be placed at the appointment. All unordered images are purged after 30 days. 

CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session by Client, Retainer paid is non-refundable.

Retainer is transferable once if a date change is requested at least 14 calendar days before the original portrait session. 

WEATHER: If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge. 

COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session, Retainer is non-refundable. The session can be rescheduled at an additional Retainer payment. 

RESHOOTS: In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 25% discount from the original session fee. Client is then able to order prints from the second portrait session only. In the unlikely event that the finished product from a portrait session is unusable due to technical problems (such as camera failure or exposure problems, etc.), Photographer will reshoot at no additional charge. 

COPYRIGHT: All images are copyrighted to and remain the property of Jean (Jiaying) Huang. 

CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Jean (Jiaying) Huang” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs. 

MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assignees from all claims and liability relating to said photographs. 

EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images. 

LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged.

In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. 

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. 

Client agrees to hold harmless, Jean (Jiaying) Huang, her representatives, employees and Jean Huang Photography, from any dispute in the event you become injured during your or while on the studio premises. Jean Huang Photography and its representatives will not be held liable for any injury incurred by Client or Client’s family, or any damage to Client’s property during the photo session or while on studio premises. 

PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any Liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities. 

CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement.

Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added to the final balance and will be paid in full by Client prior to the date of ordering appointment.

Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined above. 

KEEPSAKE COLLECTION FEES: Portrait Retainer includes an initial telephone or in-person consultation with Photographer to bring forth ideas and input to ensure a successful session, make-up and hair styling, a 90- to 120-minute portrait session (more time may be required for groups), post-session image preparation and an ordering appointment. Photographer’s travel to and from shoot location within 5-mile radius of zip code 91745 is also included. Additional travel fees are required for shoot locations beyond such 5-mile radius. 

Keepsake collection is determined at the ordering appointment and the corresponding payment is collected at such appointment. All portrait collection fees are subject to California sales tax (at the rate effective at the time of order).

Due to the custom nature of the artwork, all sales are final and not returnable.

PRINT FEES: Number of prints and type of products included in selected collections vary. Selections of images for included prints are made at the ordering appointment. Additional prints can be ordered at such appointment as well. 

All prints include standard retouching. Complex retouching is available at an additional cost.

Orders are generally available for pickup two to four weeks after the later of the ordering appointment and full payment by the Client. Rush printing can reduce delivery times by one to two weeks. A 50% rush fee is applied to the cost of each rush print. All print fees are subject to California sales tax (at the rate effective at the time of order). 

Due to the custom nature of the artwork, all sales are final and not returnable.

RETOUCHING, CONVERSIONS AND DIGITAL FILES: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Tonal conversions include converting color images to black-and-white or sepia tone (for an antique look) and black-and-white images to sepia tone. 

ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Jean (Jiaying) Huang.