Business Terms

Thank you for choosing to work with me. My company Stuart James Photography helps real-estate agents, architects, builders, developers and associated lifestyle businesses to improve their online presence. I work with a team of designers and retouchers to deliver a unique and complete visual portfolio service. I look forward to working with you.

This document is a Client Agreement (the “Agreement”) between Stuart James Pty Ltd ABN 40606200257 (us) and you (the “Client”) and describes the terms and conditions of working with us so we both enjoy the experience!

Please read this document carefully. You are deemed to have read and accepted the Terms and Conditions contained in this Agreement by clicking “I Agree” and/or continuing to accept and engage the services of Stuart James Pty Ltd.  Please contact me on admin@stuartjames.com.au if you have any questions about this Agreement.

The following terms apply to all photography services provided by with Stuart James Photography.

1. Services

Stuart James Photography provides the following services:

• Commercial Photography
• Real Estate Photography (including floor plans)
• Elevated Photography
• Drone Photography
• Retouching
• Postproduction

For full description of service inclusions please review the Price List attached to your proposal.

2. Pricing

All prices are included in our Price List attached to your proposal.

All prices include GST.

All prices can change without notice. Please check our website to confirm current prices or call 0409 573 782.

3. Booking your photography shoot

1. All bookings are to be confirmed by email and must include

a) Property address.

b) Confirmed date and time of shoot.

c) Shoot brief – comprehensive information and about purpose of the shoot and expected outcome including particular areas of focus and interest.

d) Your contact details or your company representatives contact details including mobile phone number and email address.

4. On the Day of the Shoot

Your understand and agree:

1. You or your authorised representative must be present for the entire duration of the shoot.
2. To ensure the best use of time and outcome you will ensure the following prior to the photographer’s arrival and commencement of the shoot:

a) All clutter should be removed and the property should be clean and well presented.

b) All staging to be completed.

c) All lights should be checked and ensure that all bulbs are working.

d) All vehicles removed from garage and driveway (if applicable).

3. You are responsible for noting any important elements or areas to be photographed.

4. In the absence of input from you photographer will use their best judgment and experience.

5. After the Shoot

1. Once the images have been taken, they will be edited and optimized for quality and delivered to you within 2
2.  business days unless otherwise specified. All images will be optimized for both print & Internet use.

6. Delivery

1. You will receive all commercial and real estate photography files electronically.
2. You will receive a contact sheet of images electronically within 48 hour unless specified otherwise.
3. Photographs will be delivered electronically once payment in full is received.

7. Payment

You understand and agree:

1. All prices agreed to are contained in the quote tailored for your specific project.
2. All prices are stated in Australian dollars.
3. All prices stated include GST.
4. All prices in this document are subject to change without notice.
5. Payments must be made via bank deposit to the bank details provided in your invoice and proposal or PayPal.

Deposit

A 50% deposit will be required for any work quoted over $1,500.00 before commencement of shoot.

8. Bad Weather on the day of the shoot

Your understand and agree that

1. In the event of bad weather precluding external photography, the shoot will be rescheduled with no additional charge at a mutually convenient time.
2. Stuart James Photography does not guarantee that specific reschedule times will be agreed to, however every effort will be made to accommodate the preferred reschedule time for you.
3. Should you wish to proceed with the shoot, no return visit will be available unless a new shoot is booked and paid for.

9. Rescheduling of Shoot

We understand life happens.

1. You may reschedule by providing a minimum of 24 hours’ notice from the commencement of the shoot.
2. Every effort will be made to accommodate your preferred reschedule date however your preference is not guaranteed and will depend on availability.

10. Cancellation and Refund Policy

    You understand and agree

1. Any cancellation within 24 hours of a confirmed appointment is subject to a $99 cancellation fee and will be deducted from your deposit prior to refund.
2. The full price of the shoot will be charged to any cancellation within four hours of the scheduled time.
3. Arriving late beyond 30 minutes to an appointment will be considered a cancellation, and will be billed at the full rate of the shoot.
4. The Booking fee is non-refundable.
5. There is no refund at any time for change of mind.
6. There is no refund if you fail to meet your obligations under these terms and conditions.

11. Intellectual property rights and usage

1. Stuart James owns copyright in all images created by him for your business or project.
2. No licence to use images is granted to any third party. Any usage of the images by a third party, including but not limited to architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by the photographer. Written permission may be requested by emailing.
3. Stuart James grants you a non-exclusive and unrestricted licence to use all images produced for you or your business for any and all marketing materials and campaigns associated with the company it is representing for a period of 10 years, upon full payment of the agreed fees.
4. Standard usage included in this document cover World Wide Web, and any Australian wide print media.
5. Stuart James retains the right to include finished shoot in their professional marketing and portfolio.
6. These terms and condition have prepared specifically for Stuart James to enhance service delivery and support to its valued clients.
7. This document remains the copyright of Stuart James and is not to be copied or shared for any reason whatsoever.

12. Shoot brief amendments and expansion

1. At any time, you are welcome to expand on your shoot brief.
2. Additional fees may apply and the photographer will discuss any additional fees with you.
3. Agreement to additional brief changes and inclusions must be requested in writing via email.
4. Additional work will be invoiced at an hourly rate determined at the time of the request.

13. Termination

Stuart James is an industry professional and an expert in the field of commercial photography, with qualifications, experience and skill to complete your brief with an exceptional outcome, provided you meet your obligations within the professional working relationship.

You understand and agree

1. Stuart James reserves the right to terminate your brief at any time if there is a clear lack of commitment to the brief.
2. You will be notified in writing and termination of the brief will be immediate upon notification.
3. You will be invoiced and liable for fees for work done up to termination.
4. Completed digital files will be transferred to you upon payment of any outstanding fees.
5. Incomplete files will not be available for transfer.

14. Feedback & dispute resolution

Your feedback is important!

You understand and agree:

1. You will contact Stuart James immediately with any concerns so that they may be resolved quickly and effectively.
2. In the event of a dispute you agree to the following Dispute Resolution Procedure:

a) You must advise Stuart James in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.

b) You agree to meet in person, via Skype or similar online platform, in good faith to seek to resolve the dispute by agreement and compromise.

c) If an agreement cannot be reached to resolve the dispute any party may refer to a mediator who will determine time and place for mediation.

d) Both parties (you and a representative of Stuart James) must attend the mediation referred by the mediator, in good faith, to seek to resolve the dispute through mediation or other alternative dispute resolution processes.

3. Confidentiality is paramount to both the reputation of you and the Stuart James

4. t no time will any communications or discussions be made public. This includes but is not limited to any social media platforms of either party.

5. Any public discussion or comments about either party will be considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

15. Limitation of liability

You understand and agree:

1. 1. Liability for the services provided by Stuart James is governed solely by the Australian Consumer Law and these Terms and Conditions.
   2. Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law.
   3. Except for your Statutory Rights, all visual products and services are provided to you without warranties of any kind, either express or implied; and Stuart James expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
   4. To the extent permitted by law, Stuart James excludes all express or implied representations, conditions, guarantees, warranties and terms relating to any Services except those set out in this Agreement, including but not limited to implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in this Agreement.
   5. The photographer is not liable for any damages that may arise for the use of images.
   6. Stuart James guarantees all services are supplied to you with due care and skill and fit for the purpose that the services have been advertised.
   7. Stuart James cannot and does not guarantee that you, the Client, will take the necessary actions identified by Stuart James to achieve a specific result. What you achieve through these services is your choice and responsibility.\
   8. To the extent that Stuart James is unable to exclude liability; total liability for loss or damage you suffer or incur from Services by Stuart James is limited to resupplying the Services to you, or, at Stuart James’s option, refunding to you the amount you have paid for the Services to which your claim relates.

Governing law 

You understand and agree:

1. The Terms and Conditions in this Agreement are governed and construed in accordance with the laws of Queensland, Australia.
2. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of Queensland, Australia.

Thank you for taking the time to read this document.