Terms and Conditions

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.

COPYRIGHT: All images are the sole copyright of Ian Jamieson Photography, and are for use under licence to the commissioning client for their sole use only.

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 30 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 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.

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.