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.

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James McPherson Photography – Terms & Conditions 2026

These Terms & Conditions (“Terms”) govern the booking, photography, videography, delivery, and use of services provided by James McPherson Photography (“Photographer”, “we”, “us”) to the client (“Client”, “you”). By booking our services, you agree to these Terms.

1. Booking and Payment

1.1 A booking is confirmed only upon payment of the required deposit as stated in your invoice.

1.2 Deposits are non-refundable but may be applied to a rescheduled date as set out in Section 3.

1.3 Any outstanding balance must be paid in full via the final invoice prior to delivery of final images or videos.

1.4 Overdue amounts not paid within 14 days of the final invoice date may be referred to a debt collection agency. The Client will be responsible for a collection fee of 40% of the total outstanding amount, plus any additional reasonable costs incurred in the recovery of the debt, including legal fees or administrative charges, in addition to the original balance owed.

1.5 Payments may be made via cash, cheque, credit card, or bank transfer. Credit card payments incur a 2.9% processing fee.

2. Scope of Services

2.1 Services include only what is specified in your booked package. This may include:

• Photography coverage of the specified duration

• Cinematic highlight video (if booked)

• Professional editing, colour grading, and delivery of final images/videos

2.2 The following are not included unless agreed in writing:

• RAW or DNG files or unedited work

• Additional hours beyond the booked package

• Special retouching or effects beyond standard editing

2.3 Weekend bookings (Friday–Sunday) require a minimum 4-hour booking.

2.4 Meals and Breaks: For bookings longer than 5 continuous hours, the Photographer may require short breaks for meals, hydration, and rest. Breaks will be scheduled to minimise disruption to coverage. Clients are encouraged to provide meals on-site to ensure efficiency, particularly for weddings, corporate events, or full-day sessions.

3. Cancellation, Rescheduling, and Force Majeure

3.1 Cancellation by Client: Deposits are non-refundable.

3.2 Rescheduling: If you reschedule at least 30 days before the booked date, your deposit may be applied to the new date, subject to Photographer availability.

3.3 Force Majeure: In the event of extreme weather, serious illness, or unforeseen circumstances beyond our control, we may reschedule services. No liability is accepted for losses arising from force majeure events.

4. Delivery, Turnaround & Professional Quality

4.1 Standard delivery of edited images or videos is within 2–4 weeks from the shoot date.

4.2 Delivery timelines may vary depending on other bookings, workload, or unforeseen circumstances. The Photographer will communicate any expected delays to the Client as soon as possible.

4.3 Expedited delivery may be available for an additional fee.

4.4 Online galleries are typically available for 12 months. After this period, we cannot guarantee availability, though retrieval may be possible for an additional fee.

4.5 If images or media are delivered via USB, hard drive, or other hardware, a hardware fee may apply.

4.6 Professional Quality: All images and videos delivered by James McPherson Photography are professionally edited, high-resolution, and of commercial and industry-standard quality, suitable for personal, editorial, or promotional use as outlined in the licence agreement. While we aim for professional excellence, satisfaction with artistic style, composition, or aesthetic remains subjective and cannot be guaranteed.

5. Intellectual Property & Licensing

5.1 Copyright in all images and videos remains with James McPherson Photography.

5.2 Clients are granted a non-exclusive, non-transferable licence for personal use unless a commercial licence or copyright transfer has been agreed in writing.

5.3 Personal use includes: sharing on social media, personal printing, or private display. Commercial use (e.g., advertising, sale, or distribution) requires separate written permission or licence.

5.4 Editorial use by third parties (magazines, blogs, press) is permitted with credit to James McPherson Photography.

5.5 The Photographer may use images/videos for portfolio, marketing, social media, or competitions unless the Client requests otherwise in writing.

6. Client Responsibilities, Approvals & Permissions

6.1 Clients must ensure an authorised representative is present during the booking to make decisions on their behalf.

6.2 Clients must supply run sheets and schedules to ensure the Photographer can fulfil the booked services.

6.3 Clients are responsible for ensuring all models, talent, or subjects sign appropriate releases.

6.4 Clients are responsible for travel, accommodation, meal, and transport costs incurred during the booking, unless agreed otherwise.

6.5 Clients are responsible for safe storage of equipment and for damages caused to Photographer equipment by guests or other parties.

6.6 Guests or other photographers may take photos, but the Photographer has precedence in capturing images to fulfill the booked services.

7. Liability and Client Satisfaction

7.1 Liability for loss, damage, or dissatisfaction is limited to the total amount paid for the services booked.

7.2 The Photographer is not responsible for events outside of their control, including:

• Venue restrictions or changes

• Guest behaviour

• Weather conditions

• Technical failures

• Missed shots due to absent key individuals

7.3 Client Satisfaction and Subjective Taste: While James McPherson Photography aims to provide high-quality photography and videography, we cannot guarantee satisfaction with creative style, aesthetic, or artistic interpretation. Dissatisfaction based solely on personal taste does not entitle the Client to a refund or credit.

7.4 Defamation / Negative Publicity: Clients must not make defamatory statements, publish false or misleading reviews, or engage in conduct intended to damage the reputation of James McPherson Photography. Any legal or remedial costs arising from such actions will be the responsibility of the Client.

8. Exclusivity, Staffing & Subcontractors

8.1 Unless otherwise agreed, James McPherson Photography will be the sole photographer(s) for the booked services.

8.2 Additional photographers or assistants may be provided for an additional fee, agreed in advance.

8.3 If the Photographer is unavailable due to unforeseen circumstances, a qualified substitute photographer may be provided, with notification to the Client.

9. Safety, Venues & Permits

9.1 The Photographer will comply with all rules, laws, and guidelines of locations or venues.

9.2 The Photographer will not participate in unsafe or illegal practices. Services may be terminated without refund if personal safety is at risk.

9.3 Clients are responsible for acquiring all necessary permits for the locations of the booked services.

10. Dispute Resolution & Governing Law

10.1 Disputes should first be raised directly with the Photographer in good faith.

10.2 If unresolved, parties agree to mediation before pursuing legal action.

10.3 These Terms are governed by the laws of Victoria, Australia, and any legal proceedings will be under Victoria jurisdiction.

11. Additional / Overtime Hours

11.1 Additional hours outside the booked package will be charged in 30-minute increments.

11.2 A half-day is 4 hours; a full day is 8 hours.

11.3 Breaks may be taken by the Photographer as required, as noted in Section 2.4.

12. Australian Consumer Law

Nothing in these Terms limits the Client’s rights under the Australian Consumer Law (ACL). Statutory remedies under ACL apply in addition to these Terms.