i) TERMS AND CONDITIONS COMMERCIAL & PORTRAIT PHOTOGRAPHY (See section ii below for Wedding Terms and Conditions)

PERFORMANCE: The performance of this contract on behalf of Ian Jamieson Photography shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and / or conditions beyond its control.

CANCELLATION: Because photography is bespoke to individual clients, the right to cancellation does not apply after the photography service has been provided.

DIGITAL PRODUCTS: Due to the bespoke nature of photographic digital files, refunds are not provided after digital products have been supplied or downloaded.

REPRODUCTION FROM JPEG FILES: Where the client undertakes with Ian Jamieson Photographs permission to reproduce the JPEG files onto any printed matter, the responsibility for acceptance of the final printed quality is between the client and the printing supplier. Print quality tests should be carried out at the clients expense with the printer prior to any final production run. Where Ian Jamieson Photography carries out printing on the clients behalf, the print quality is controlled and approved by Ian Jamieson Photography and his approved suppliers. For JPEG files for Images supplied by Ian Jamieson Photography for printing as prints, display products or books, the client is provided with a proof and is expected to check and approve said proof prior to any printing taking place. All costs arising from any client requests to edit JPEG files for re-printing must be met in full by the client.

PAYMENT TERMS: For commissions where a credit account has not been agreed in advance, Ian Jamieson Photography shall require payment in full for all services provided before the photoshoot. For clients with a credit account, payment is required within 7 days of invoice.

DELIVERY: Digital editing for corporate or portrait photography is normally completed within 5 business days of the completion of the photography, subject to payment terms. Delivery required in less than 5 business days may incur a rush fee.

MODEL RELEASE: The Client hereby grants to Ian Jamieson Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of that may include the Client and other persons contained within the photographs at the clients request, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Ian Jamieson Photography and its legal representatives and assigns from all claims and liability relating to said photographs.

DATA STORAGE: Once the edited jpeg files are delivered either by disc or download it is the clients’ responsibility to make digital back up copies of the files onto solid state drives for archiving purposes.  It is recommended that validated backups are created on solid state removal drives, and that at least two copies are made and held at different physical locations.  The photographer does not accept responsibility for the archiving of digital files once delivery to the client has taken place.

SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by Ian Jamieson Photography are protected by Law (all rights reserved) and may not be reproduced in any manner without Ian Jamiesons’ explicit written permission. The Client must obtain written permission from and compensate Ian Jamieson Photography prior to the Client or its friends and associates publishing or selling the photographs for profit. the client has permission under license after full payment has been made to use the photographs online or in print, worldwide in perpetuity for their sole use. Refunds or returns are not possible after digital negatives have been downloaded by the client or supplied to the client on disc by Ian Jamieson Photography.

RIGHT OF WITHDRAWAL: The studio's discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Non-cooperation; changes of locations, facilities or times available; missed appointments; bad or returned cheques, or late payments are examples of contributing factors. Should Ian Jamieson Photography initiate the withdrawal, all fees and deposits will be returned, excepting fair market value for all services/products already provided.

LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergency it could be necessary to retain a different photographer. Ian Jamieson Photography will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Ian Jamieson Photography takes the utmost care with respect to exposure, transportation, and processing the photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond Ian Jamieson Photography control, Ian Jamieson Photography liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

HIRE CHARGES: Where props and/or models or locations have to be hired, all hire costs have to be met in full by the client regardless of whether the photographs are accepted or used.

PERFORMANCE: The performance of this contract on behalf of Ian Jamieson Photography shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and / or conditions beyond its control.

CREATIVE STYLE:  Ian Jamieson Photography reserves the right to change the creative style of the photography, this may come about through the photographers choice, the weather conditions, location/s on the day, the individual subjects being photographed, the time available for photography, and the impact of third parties other than the client or photographer on the day.

IMAGE SELECTION AND EDITING: So that the final set of images portray subjects and events in the best way and as part of the standard service we provide, the photographer without consultation with any third party shall review the images taken and remove images that do not meet certain criteria.  Some of but not all of the criteria for editing out will be closed eyes, unflattering body positions or expressions, obstructions, body posturing or facial expressions not felt by the photographer to be flattering or desirable, similar shots, test shots, blank exposures, or for other technical reasons either within or outside of the photographers control.  The final set of images supplied to the client is therefore the photographers’ selection using the above criteria, and will be less than the total amount of images captured by the camera/s.

COMPLAINTS: Must be received in writing within 7 days of delivery of the finished JPEG files.

 

ii) TERMS AND CONDITIONS WEDDING PACKAGES (For Commercial and portrait photography see section ii below)

RESERVATION: Upon your signature, Ian Jamieson Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of £200 is non-refundable, even if the date is changed or wedding cancelled for any reason, including acts of God, fire, strike, and extreme weather. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted wedding photography package. The Client understands and agrees that the entire amount owed for the wedding photography package described in the contract is due no later than (4) weeks before the Wedding Day. The Client agrees if the balance is not paid by this time, Ian Jamieson Photography will NOT photograph the Wedding Day described on the contract with no liability to Ian Jamieson Photography and loss of Reservation Deposit by the Client

PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the event date in order to finalise the actual shooting times, locations, and Client request list (in writing) for specific photographs. The client will be responsible for, or have someone designated, to identify people of whom specific photographs are desired. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photograph(s). The bride and or groom agree to set aside at least 30-minutes of time before the ceremony commencement of the wedding and a 45-minute time frame afterward for photographs that cannot be obtained during the wedding including group shots. If the bride or groom or events on the day outside of the photographers control prevent these time periods to be available the photographer shall not be held liable for failure to take desired photographs.

COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Ian Jamieson Photography is not responsible if key individual’s failure to appear or cooperate during photography sessions or for missed images due to details not revealed to Ian Jamieson Photography. Ian Jamieson Photography recommends that the Client designate an "event guide" to point out important individuals for informal or candid photographs to the photographer (see above) during the wedding that they wish to have photographed.

SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the client in a manner enjoyed by all parties. The client and Ian Jamieson Photography agree that cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time.

HOUSE RULES: The photographer is limited by the guidelines of ceremony officials or reception site management. The client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is Client 's responsibility; Ian Jamieson Photography will offer technical recommendations only.

DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by Ian Jamieson Photography are protected by Law (all rights reserved) and may not be reproduced in any manner without Ian Jamiesons explicit written permission. The Client must obtain written permission from and compensate Ian Jamieson Photography prior to the Client or its friends and relatives publishing or selling the photographs for profit. Refunds or returns are not possible after digital negatives have been downloaded by the client or supplied to the client on disc by Ian Jamieson Photography.

MODEL RELEASE: The Client hereby grants to Ian Jamieson Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client and other wedding guests, or in which the Client may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Ian Jamieson Photography and its legal representatives and assigns from all claims and liability relating to said photographs.

EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that Ian Jamieson Photography will be the exclusive and only professional wedding photographer. However I will actively encourage guests to take their own photographs, when it is appropriate to do so without affecting the official photographs.

COOPERATION: The CLIENT is responsible for the conduct of their guests. The Client will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography as scheduled. The clients should share the photography schedule with other service providers to make sure that there are no conflicts with times.

COMPLETION SCHEDULE: Digital processing for Weddings takes approximately 3 weeks. Creation of a wedding album 6-10 weeks, enlargements 1-2 weeks, and possibly longer when laboratory and bindery schedules are heavy.

PAYMENTS: WEDDING CLIENTS: The client agrees that £200 deposit is required at the time of contract and 100% of the remaining balance is due at least 30 days prior to the event date.

RIGHT OF WITHDRAWAL: The studio's discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Non-cooperation; changes of locations, facilities or times available; missed appointments; bad or returned cheques, or late payments are examples of contributing factors. Should Ian Jamieson Photography initiate the withdrawal, all fees and deposits will be returned, excepting fair market value for all services/products already provided.

LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergency it could be necessary to retain a different photographer. Ian Jamieson Photography will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Ian Jamieson Photography takes the utmost care with respect to exposure, transportation, and processing the photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond Ian Jamieson Photography control, Ian Jamieson Photography liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

PERFORMANCE: The performance of this contract on behalf of Ian Jamieson Photography shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and / or conditions beyond its control.

CREATIVE STYLE:  Ian Jamieson Photography reserves the right to change the creative style of the photography, this may come about through personal development, the photographers choice, the weather conditions, location/s on the day, the individual subjects being photographed, the time available for photography, and the impact of third parties other than the client or photographer on the day.

IMAGE SELECTION AND EDITING: So that the final set of images portray you and your guests in the best way and as part of the standard service we provide, the photographer without consultation with any third party shall review the images taken and remove images that do not meet certain criteria.  Some of but not all of the criteria for editing out will be closed eyes, unflattering body positions or expressions, obstructions, body posturing or facial expressions not felt by the photographer to be flattering or desirable, similar shots, test shots, blank exposures, or for other technical reasons either within or outside of the photographers control.  The final set of images supplied to the client is therefore the photographers’ selection using the above criteria, and will be less than the total amount of images captured by the camera/s.

REPRODUCTION FROM JPEG FILES: Where the client undertakes with Ian Jamieson Photographs permission to reproduce the JPEG files onto any printed matter, the responsibility for acceptance of the final printed quality is between the client and the printing supplier. Print quality tests should be carried out at the clients expense with the printer prior to any final production run. Where Ian Jamieson Photography carries out printing on the clients behalf, the print quality is controlled and approved by Ian Jamieson Photography and his approved suppliers. For JPEG files for Images supplied by Ian Jamieson Photography for printing as prints, display products or books, the client is provided with a proof and is expected to check and approve said proof prior to any printing taking place. All costs arising from any client requests to edit JPEG files for re-printing must be met in full by the client.

DATA STORAGE: Once the edited jpeg files are delivered either by disc or download it is the clients’ responsibility to make digital back up copies of the files onto solid state drives for archiving purposes.  It is recommended that validated backups are created on solid state removal drives, and that at least two copies are made and held at different physical locations.  The photographer does not accept responsibility for the archiving of jpeg files once delivery to the client has taken place.

SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement, and only those changes or modifications specifically placed in writing, attached, signed and dated by the Client and Ian Jamieson Photography at the time of this contract’s signing shall be recognised as amendments to this contract.

CANCELLATION: Because photography is bespoke to individual clients, the right to cancellation does not apply after the photography service has been provided.

DIGITAL PRODUCTS: Due to the bespoke nature of photographic digital files, refunds are not provided after digital products have been supplied or downloaded.

COMPLAINTS: Must be received in writing within 7 days of delivery of the finished JPEG files.