These standard terms and conditions (T&C) are for all services requested or provided by James McPherson Photography and apply to all contracts and all work undertaken. These T&C shall not be varied unless in writing by the client and agreed to by both parties. The client accepts all standard T&C outlined once the booking has been confirmed and/or by accepting James McPherson Photography services. These T&C apply to all previous, current and future clients. We are always making changes to these T&C and to the service we provide. This is to help provide clear client expectations and ensure customer satisfaction.
James McPherson Photography’s Responsibilities:
-Respectful of all people
-Working with children check
-Listen to your needs and provide and individualised service
-Travel within the state, and international upon agreement
-High quality service
-High-resolution photos/videos using current equipment
- Replacement photographer, videographer or representative in the event of not being able
James McPherson Photography generally charges an hourly rate, which will be stipulated in a written quote. Additional hours beyond the scope of the quote or scope of work will incur further charges.
Deposits and Payment:
A 50% non-refundable deposit of the total fee payable or work quoted is required to secure booking date(s). James McPherson Photography will reconsider this at our own discretion in extenuating circumstances and in line with industry practice.
The remaining 50% is due within seven (7) days after the work is completed. Late payments may attract administration fees. Final delivery of photographs, videos or other products will occur after full payment. James McPherson Photography reserves the right not to commence any work until the deposit has been paid in full.
Cancellations, Booking Changes & Reschedules:
All cancelations, changes or rescheduled bookings must be made in writing following payment of the deposit.
Bookings (of less than 5 hours duration), which are cancelled or changed with less than 48 hours notice, will incur a full-service charge.
Weddings and other events greater than or equal to 6 hours must be cancelled or changed at least 4 weeks prior to the booking date or they will incur a full-service charge
Accepted Payment Methods:
James McPherson Photography accepts cash, cheque, credit card and bank transfer.
Credit Card payments may be subject to a standard credit card fee of 1%
James McPherson Photography reserves the right to refuse service to any client or individual in line with Australian business regulations. We do not discriminate based on protect attributes (e.g. age, gender, religion)
Permits & Land Access:
All additional costs such as permits to photograph in national parks, on beaches or areas that require permits, if any, are the responsibility of and must be paid for by the Client. The local council website will usually provide this information. James McPherson does not take any responsibility for permits or permission to access property. Approval from landowners and copies of permits, if required, must be supplied to James McPherson Photography prior to the booking date.
Limitations By Studios, Venues & Spaces:
James McPherson Photography adheres to regulations, rules and restrictions imposed by studios, centres of religious practice (e.g. churches, synagogues, mosques) and venues. Some venues restrict movement of photographers, flash photography during events and weddings, and, in some cases, ban all photography and video. It is the responsibility of the clients to be fully informed of these restrictions and provide James McPherson Photography this information prior to booking date. James McPherson Photography will not be held responsible for any lack of photographs delivered due to any restrictions.
Release Forms & Talent:
It is the responsibility of the client to ensure that all models or talent appearing in the client’s photos, sign the appropriate model or talent release, if required. The client will be responsible for payment to any models, talent or studios and locations used in the photography. This will be included in the quotation
James McPherson Photography is not responsible if key individuals fail to appear or cooperate during the photography booking, or for missed images due to important details not revealed to James McPherson Photography or events beyond control. It is critical all key job requirements are discussed in detail prior to the booking. You will be not charged for this consultation.
Working With Children:
James McPherson is approved and licensed to work with children by the state of Victoria, Australia. All minors must have a legal guardian or parent when working on set or location.
Onsite & Client Approval:
You, the client are engaging James McPherson Photography as an authorised independent contractor to perform work on your behalf or for you. It is the responsibility of the client to ensure that an authorised representative is present during the booked period of service to guide or direct the shoot. If no authorised representative is present, then the Photographer’s interpretation of the booking instructions shall be accepted. James McPherson Photography will not be held responsible for any lack of photographs delivered due to lack of client representation during the booking.
Unless agreed in advance, James McPherson Photography expects to be the sole photographer on the shoot for the client during the booked time. We do however allow clients to take photos and video on their smart devices where this does not impede on James McPherson Photography’s service. If you wish to engage other photographers or multiple photographers, please contact us directly to discuss.
In the unlikely event James McPherson Photography is unable to complete the coverage due to unforeseen circumstances such as serious injury or death; we will work together to find a professional photographer to cover your booking.
James McPherson Photography has a network of professional service providers and subcontractors. We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
James McPherson Photography will make nessacery effort to replace a photographer, videographer or representative in the event of not being able to provide the service required. This will be discussed with you prior to the booking date(s). James McPherson Photography will provide a full refund if services are not provided by us due to illness, accident, double-booking or other reasons due to no fault of the client.
James McPherson Photography must be provided a schedule or run sheet for the time that the client has booked. The schedule will need to include all known times for each component of the booking time date or dates. It is the responsibility of the client to inform James McPherson Photography of any changes or additions made to the schedule 36hours prior to the booking date. James McPherson Photography is not responsible for any omissions to the schedule that result in us not being able to carry out our duties. James McPherson Photography will not be held responsible for any lack of photographs delivered due to unknown changes or omissions.
Supply Of Materials:
You must supply any materials, artwork, logos run sheet and or any information required by James McPherson Photography to complete the work in accordance with any agreed specification or quote. All materials must be supplied in a format and of a quality suitable for use. Any delay in supplying these materials or information may lead to a delay in the completion of work and in that circumstance we reserve the right to extend any previously agreed deadlines by a reasonable duration.
If a failure to supply information, run sheets or artwork, may incur changes to the final invoice to you for any part or parts of the work performed by James McPherson Photography.
Copyright & Licencing:
James McPherson Photography retains all Copyright for photographs taken. The client may use images for private, domestic and personal use only. Any sale or commercial use must have written approval by James McPherson Photography in advance. The Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend any Photographs without the prior written consent of James McPherson Photography. The client may submit images for social media use only or to blog sections of websites and magazines. All photographs published must be credit to James McPherson Photography as the photographer and must be given in the form of either a social media handle or direct website link. Our social media handle is @jamesmcphersonphotography and our website link is www.jamesmcphersonphotography.com
James McPherson Photography reserves the right to use any images for personal advertising and folio. If you would like your photos kept private, please advise in writing.
Image Style & Editing Process
The client acknowledges that they are familiar with the style and work performed by James McPherson Photography. James McPherson Photography’s editing includes minor adjustments; blemish removal colour grading and cropping of all final selected images for the client. Major or advanced editing/retouching may be requested and a fee per image will be quoted.
James McPherson Photography allows clients the opportunity to make revisions. The number and turnaround of revisions may vary due to other client commitments. Any major additional revisions will be quoted and charged at our standard hourly rate.
Image Quality & Delivery:
High-resolution digital images are generally supplied @300dpi via a personalised website gallery. James McPherson Photography aims to delivers all photos within 3 weeks of job date. A fee may apply to urgent delivery requests and must be made in the booking. A selection of images can be made available to the client for fast distribution to media etc. This must be discussed in advance and fees may apply.
James McPherson only supplies JPEG final image files. James McPherson never releases RAW files unless mutually agreed on and must be discussed prior to the booking date and completion of work. Fees apply.
Promotion Of Work:
James McPherson Photography may from time to time use the photographs for advertising or otherwise promoting his work. The Client must inform James McPherson Photography in writing if they do not wish to have their images used in any personal advertising or promoting of James McPherson Photography.
James McPherson Photography will keep copies your RAW files for 12 months from the date of your booking. We encourage all clients to make 2 copies of the final delivered high-resolution photographs supplied by James McPherson Photography. James McPherson does not take any responsibility for lost or corrupt data in storage. A re supply of JPEG files can be arranged. Fees may apply.
Loss or Damage:
James McPherson Photography shall carry out all services with due and professional diligence. James McPherson Photography takes no responsibility for elements that are beyond control including interruption of our service, guest / staff interference, other photographers or videographers not booked or part of James McPherson Photography’s service, faulty material, equipment failure or damage or loss of digital files and acts of god. In the case of full major or catastrophic digital file loss, James McPherson Photography agree to refund the client any money paid under this agreement, which shall be in full. No further claims are to be made against James McPherson Photography for loss or damages.
James McPherson Photography takes every effort to capture, as many moments of your booking however it is not possible to capture absolutely everything. Clients are encouraged to suggesting desired photos. Please provide them on a list in writing.
For weddings and events, James McPherson Photography is not responsible for a missing family member(s) during the family photo session. There can be a lot of moving people during these times. We encourage a representative be available to assist with family shots.
Guest & Staff Behaviour:
At all times, James McPherson Photography will adhere to professional behaviour.
The client, studio and venue is responsible for the conduct of their guests and staff. James McPherson Photography will not tolerate verbally or physically abusive behaviour. Inappropriate behaviour will result in the early or immediate cancelation of the services. The client understands that in such an event, no refunds will be granted.
James McPherson Photography requires certain personal information to effectively perform work requested. James McPherson Photography will never sell or distribute your personal information.
We (and any subcontractors we engage) will not, at any time, disclose any of your confidential information to any third party.
You the client, agree to reimburse us for any requested expenses incurred during the booking times. These expenses will be quoted and discussed when possible. The client, when required must cover all travel and accommodation expenses. These are quoted when possible.
All queries regarding these T7C should be directed to James McPherson via the contact page.