TERMS & CONDITIONS
Terms & Conditions:
Confirmation of booking (including holding dates), either verbally or in writing, confirms the Client(s)’s acceptance of these terms & conditions. These T&C’s shall apply to all or any services booked through James McPherson and or James McPherson Photography.
Variation of Terms & Conditions:
These terms & conditions shall not be varied except by agreement in writing. Please contact James McPherson directly if you would prefer a custom agreement.
All Client(s)s must make 50% deposit prior to project or service commencement unless otherwise agreed.
James McPherson Photography does not release final images until full payment has been made.
All invoices must be paid within 7 business days of the invoice date.
Booking & Cancellation Fee:
The 50% deposit secures your booking & is not refundable for change of mind or cancelation.
Cancellations & change of mind up to 48 (forty-eight) hours before the scheduled booking will incur a charge of the 50% deposit.
Cancellations & change of mind within 48 hours or less before the scheduled booking will incur a charge of the full fee for the service.
The Client(s) shall also be responsible for payment for any of the Photographer’s material charges incurred up to time of cancellation.
For booking postponements, James McPherson Photography reserves the right to charge a fee if costs have been incurred &/or there is insufficient time to rebook.
Please contact James McPherson Photography as soon as possible to discuss any changes to circumstances or alterations to your booking.
Overdue accounts & invoices may incur a late payment or an administration fee.
Accounts older than 30 days are handed on to our debt collection agency.
All expenses, costs or disbursements incurred by us in the recovery of monies ousting shall be paid by the Client(s).
Payment methods include cash, cheque, credit card & bank transfer (Bank transfers & cheques must clear before work proceeds). Payment by credit card will incur a 2.9% processing fee.
Copyright & Licensing:
Copyright of images created by James McPherson Photography will remain the property of James McPherson Photography. Upon receipt of full payment, the Client(s) will be licensed to use the images for personal use.
Personal Use License:
The images are licensed to the Client(s)s for personal publication / website / social media & internal use. Editorial usage by third parties (e.g. magazines / Blogs) is permitted with credit to James McPherson Photography.
Commercial Use License:
Usage on a commercial basis by third parties needs to be negotiated with James McPherson Photography. Third party commercial use will incur a fee for use. All photos published must contain credit to James McPherson Photography (this includes social media platforms & print media). James McPherson / James McPherson Photography strictly prohibits use without permission first.
Use by James McPherson Photography:
James McPherson Photography reserves the right to use images for personal advertising & folio. Client(s)s will need to advise in writing prior to the booking if they photos kept private.
Exclusivity & Photographer staffing:
Unless otherwise agreed in advance, James McPherson Photography expects to be the sole photographer(s) on the shoot or during booking for the Client(s). If further photographers are required, James McPherson Photography will supply trained & professional staff / photographers. This will be discussed with the Client(s) in advance.
James McPherson Photography reserve the right to appoint another photographer or subcontractor to attend your booking on our behalf to undertake the services booked. Should the photographer specifically booked by the Client(s) be unable to fulfill the booking due to unforeseen circumstances, the Client(s) will be notified as soon as possible, & an alternative photographer or subcontractor will be arranged.
Image Quality & Delivery:
High resolution digital images are generally supplied @300dpi via website gallery. James McPherson Photography does not supply RAW or DNG images or unedited work. Other resolution & size options are available on request & re supply may incur a service fee. James McPherson Photography aims to delivers all Client(s) photos within 2 weeks of job date (workload dependant). A surcharge may apply to urgent delivery requests. Selected images can be made available to the Client(s) for fast distribution to media etc. (A surcharge may apply for this service & must be booked in with the job). If the Client(s) requires images or media delivered via USB or hard drive, a fee for hardware will apply. James McPherson Photography is not liable to deliver every image taken at the event or job.
Client(s) Approval, Schedules, Timing & Permissions:
It is the responsibility of the Client(s) to ensure that an authorised representative is present during the booking to make appropriate decisions on behalf of the Client(s). If no authorised representative is present, the Photographer’s or contracting providers interpretation shall be accepted. It is the responsibility of the Client(s) to supply run sheets & arrange adequate timing to perform & fulfill the scope of work or services booked.
It is the responsibility of the Client(s) to ensure that all models or talent appearing in the Client(s)’s photos, sign the appropriate model or talent release, if required. The Client(s) will be responsible for payment to any models, talent or studios & locations used in the photography.
James McPherson Photography is not responsible if key individuals fail to appear or cooperate during photography or service booking, or for missed images or incidents or missed service due to details not revealed to James McPherson Photography or events beyond control including weather, delays & acts of god.
Paparazzi, event staff & Guests are welcome to take photos but in the spirit of cheerful cooperation the Client(s) agree to give the James McPherson Photography precedence in order to take the photographs required for the services described in the booking or to fulfill services booked.
Venues, Locations, Safety & limitations:
James McPherson Photography is limited by the rules, laws & guidelines of the location(s) including instruction & requests made by site, staff & management. James McPherson Photography will not partake in dangerous or unsafe practices during services booked. James McPherson or any subcontracting services used does not tolerate being in an unsafe or illegal environment. If we feel as though personal safety is at risk for any reason, we will terminate services without refund or compensation
Permits: The Client(s) is responsible for acquiring all permits & necessary permission for all locations on which the services will be performed.
Expense Incurred & Meals:
The Client(s) is responsible for all reasonable travel, accommodation, meal & transport costs incurred during booking. These expenses will be reflected in the final invoice or subsequent invoice. All staff or subcontracting services performing duties or services on behalf of James McPherson Photography must receive meals on jobs longer than 5hrs. We aim to include all travel and extra costs in detail prior to booking.
Care Diligence &Indemnity:
All care & diligence will be exercised in the performance of the assignment by James McPherson Photography. The Client(s) agrees that James McPherson Photography shall not be liable for any legal action or damages arising during service(s) booked. James McPherson Photography cannot be held liable for a lack of photos, interruptions, delays or incidents related guests or staff taking their own photos. We will not be responsible for any failure or delay in providing services to you during your booking due to any events beyond our reasonable control including but not limited to acts of god or elements of nature (including fire, flood, earthquake, storm, hurricane or other casualty), war, civil commotion, labour disputes, strikes, pandemics, government regulation, restriction or equipment failure / breakdown, data loss /image failure / data corruption loss due to electronic & digital equipment failure, theft, accident, or any other mishap occur which prevents the fulfillment of this agreement. James McPherson Photography has working methods in place to prevent loss or damage to your images / data or to provided services booked; However, in the unlikely possibility that images, data or services may be lost, stolen, destroyed delayed during services booked, beyond the control the circumstances of liability of James McPherson Photography is limited to the return of fees paid for the service by the Client(s) or part thereof according to the percentage of images or service(s) supplied / provided. James McPherson takes no responsibility for Client(s) unhappy with photography or services & does not refund based on this complaint. James McPherson Photography & all subcontracted services holds a public liability insurance. The Client(s) is responsible to supply safe storage areas during booked service. Damages, stolen or total loss to equipment due to guest or staff negligence will be the responsibility of the Client(s). The Client(s) agree to be liable for any such damage.
Negative publicity or reviews of James McPherson Photography on any social media or media outlet, press or any written platform by the Client(s) or guests will be strictly avoided by the Client(s). Punitive damages & legal cost may be sought by James McPherson Photography from the Client(s) for such defamation actions & the Client(s) agree to be liable for any such actions.
Data image Storage:
Data & image storage is not guaranteed & all effort to preserve data or images will be made. After 12 months there is no guarantee on data / image storage. Clients(s) are advised to create copies of final deliver or deliverables.
Additional hours outside of booking will be charged at per hour in 30-minute blocks. A half day is designated at 4 hours & full day at 8 hours. This will be advised to and discussed with Client(s) or representative prior to booking conclusion time. James McPherson Photography reserves the right to take breaks as required.