Terms and Conditions
Working relationships benefit from getting to know one another. I love to collaborate with my clients and have set out my terms and conditions which apply to all work done. All projects or services that James Atkins Photography is contracted to produce or provide for you will be subject to the following:
The fees quoted by James Atkins Photography are for the original job description as presented by the client (referred to from here on as ‘the client’). Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced. Estimates are valid for 30 days.
2. Project Revisions, Alterations & Modifications
New work requested by you, and provided by us after a project quote has been approved is considered a revision, alteration or modification and will be charged on a time and materials basis. All briefs are also subject to consultation with the stylist to ensure the desired shoot list is achievable and realistic prior to acceptance of the commission. Additional image requests on shoot days will be accommodated only if time allows and at our discretion. If the shot schedule does not allow for extra content requests, you will be given the option of increasing the shoot duration by way of overtime (an additional hourly rate for photography team members, including stylists and assistants).
3. Payment Terms
Individual clients and sole traders will pay 100% by the shoot date. Overseas companies may be required to pay an up front deposit followed by full payment within 30 days. Established companies based in Australia shall make payment within 30 days of the invoice.
Any revisions, alternation and modifications that add work to the project scope in the original agreed quote will be invoiced separately and require payment before we commence work.
Late payments will be billed at $20.00 per month handling fee and 1.5% month interest. When the estimated expenses exceed $3,000, new clients are required to pay 50% in advance of the shoot.
In order to hold a particular shoot date, industry to consumer clients may be required to pay 20% of their total fee upfront. It shall be understood that by holding a shoot date, James Atkins Photography will be turning away other potential bookings for that date. In the event where a client cancels their booking, this amount will not be refunded.
5. Cancellations & Postponements
In the event of cancellation or postponement of the shoot, the client shall pay all expenses incurred by James Atkins Photography such as location scouting and model casting up to the time of cancellation. If a shoot is cancelled within 24 hours of the shoot date, the client shall also pay 50% of the photographer’s anticipated fee and 100% of the anticipated fees of any subcontractors booked for the job.
6. Weather holds & Sample delays
If a proposed shoot is subject to weather or clothing sample arrivals it must be noted in writing at the time of booking to make an allowance for reasonable rescheduling subject to the Photographer, his subcontractors and models availability. A few “hold” days can be arranged in this situation subject to the Photographer, his subcontractors and models availability.
7. Day Rates
A day rate is based on an 8 hour day (or less). Within this period there is a 40 minute meal break and a 10 minute break every 2 hours. A half day rate is based on 4 hours (or less), with a 10 minute break after 2 hours.
8. Turn Around Times
Processed images from photography assignments lasting half a day or less are generally ready for delivery within 3 business days from the shoot date. Full day shoots may take up to 5 business days. A 10% surcharge may apply to urgent requests within 24 hours.
If a faster turn around time is required it must be stated in writing at the time of booking.
9. Usage Definitions
“Publicity” use is when the client submits photographs to an outside publication (whether print or electronic) for editorial use and the client (or their client) is not paying for that use.
“Advertising” use is when the client (or their client) is paying for the placement of a photograph in whatever media it appears, such as in a newspaper, magazine, billboard or website.
“Internal Collateral” use is when the photographs appear in a publication that the client produces, such as a magazine, brochure, flyer, poster or website, and whose audience is limited to the client’s employees.
“External Collateral” use is when the photographs appear in a publication the client produces, such as an annual report, magazine, brochure or website, and whose audience is customers, shareholders, or the general public.
If the client wishes to use any images not covered in the initial agreement, the client shall obtain permission from James Atkins Photography prior to any usage not defined above.
10. Client Approvals
It is the responsibility of the client to ensure that an authorised representative is present during the photography for the client. If no authorised representative is present, the photographer’s interpretation shall be accepted. James Atkins Photography takes responsibility for ensuring that the images supplied to the client are of a professional standard, delivered in reasonable time, and that the subject (if shooting with people) receives professional on-camera direction.
James Atkins Photography shall not take responsibility in the case where a client is not satisfied with the overall look of the images due to the subject’s personal appearance. This includes cases for example where the subject looks tired, over weight or has bad skin. Inexperienced and first time subjects will understand that working in front of the camera is a skill that is gained through experience. While professional on-camera direction will be given to the subject, James Atkins Photography can not be held responsible if the subject does not respond to that direction.
While James Atkins Photography may make suggestions to the client relating to hair, makeup and wardrobe, final responsibility will remain with the client. In the case where a subcontractor such as a hair & make up artist is supplied by James Atkins Photography, the client has the right to reject the services on the day of the shoot, acknowledging the cost of the delay will be the clients responsibilty. No revocation shall be permitted on completion of the shoot should the client change their mind at a later date.
11. Licensing and Copyright
Generally, copyright of all images created by James Atkins Photography will remain the property of James Atkins Photography except in the case where a ‘buy out’ has been arranged.
Images supplied to the client are licensed for the client’s use based on the client’s requirements. The licence will typically detail the period of time for the use of the images and the media the images can be used in. Occasionally there may be details regarding the territory the images can used in. In all cases, the licence will meet the client’s requirement as discussed prior to the provision of the quote.
Upon receipt of full payment the client will be licensed to use the images as detailed in the quote. The images are licensed to the client/s detailed in the quote. Editorial usage by third parties is permitted. Usage on a commercial basis by third parties needs to be negotiated with James Atkins Photography.
James Atkins Photography reserves the right to use any images from a photography shoot as ‘samples of work’ or in a portfolio context across all digital and print mediums. In situations where the client can be identified in an image, the image will not be sold on to third parties, photography libraries or used for advertising unrelated goods and services without the clients permission.
12. File Size Specifications
All images are processed individually prior to being supplied digitally. Unless specifically requested beforehand, all images are supplied high resolution in Jpeg format – 300 dpi and in RGB colour. If images for web are required the specification of size of the files must be given in writing at the time of booking. Retouched files (where required) are supplied as Jpeg files – 300 dpi and in RGB colour. The client shall advise James Atkins Photography at the time of booking if a different format other than Jpeg is to be supplied.
13. Retouching Policy
The turn-around time for standard retouching orders from photography shoots lasting less than half a day is 5 business days. A 48 hour rush services can be provided for an additional 20% fee. Digital proof files are supplied edited and adjusted for general colour, contrast and exposure. Unless agreed to or specified in a set package beforehand, hand retouching is not included in the initial photography fee.
Special offers where hand retouching is included within a package are valid for 30 days from the date that the proofs were issued. Additional files orders after 30 days will be charged a $45.00 reorder fee on top of any additional retouching charges. There is no guaranteed turn-around time for orders placed after this period.
To maintain consistency it is recommended that retouching orders from the same shoot be placed in the one order and at the same time. Retouching packages involving large groups of people such as corporate headshot photography must be ordered at the same time.
The term ‘standard hand retouching’ covers average skin blemishes, light fly away hairs, iris enhancing, and the softening of wrinkles. More complex work such as slimming down waist line, jaw lines, work on clothing etc will be charged at an additional rate.