TMD Service Agreement

Introduction

The Business will invoice the Client upon completion of milestone(s) or the Project, as outlined in the Payment schedule. The Client agrees to settle invoice(s) by the specified due date(s). Failure to pay invoices promptly may result in the suspension or termination of the Project.

Authority to sign

Both parties confirm their authority to enter this Contract and fulfill its obligations.

Scope of Work and Deliverables

The Business undertakes to provide outdoor onsite photography and video production services, including street snap photography, as detailed in the project invoice or estimate, mutually agreed upon before commencing work. The scope may encompass pre-event consultations, capturing images and videos at specified locations, post-production editing, and delivering final edited images and videos. Specific deliverables such as the number of photographs, video length and format, and delivery timelines will be specified in the corresponding invoice or estimate.

The Client is responsible for clearly communicating all project requirements and expectations to the Business upon agreeing to the invoice or estimate. Any requested changes to the scope after agreement may impact project costs and timelines. The Business commits to executing services within the agreed scope to the best of its ability and in line with professional standards.

Client review of work

The Client commits to reviewing the work product, being available for queries from the Business, and providing timely feedback and decisions.

Payment

Payment to the Business can be made via cash, cheque, approved payment card, or any other accepted method.

Deposit Requirement:

Before commencing work, the Client must pay a deposit amounting to 50% of the total estimated project cost. This deposit secures the Business's engagement and is applied towards the final project cost. The deposit is non-refundable, signifying the Client's commitment to proceed with the project.

The deposit must be paid upon acceptance of the project estimate or invoice.

The Client agrees to settle all invoices within 14 days of receipt. Late payment will incur:

Late Payment Fee: $50, applied immediately after the due date.

Interest on Overdue Payments: 2% per month, calculated daily from the due date until full payment is received.

Additional Costs and Overtime:

Certain projects, particularly those involving dynamic environments like events, concerts may require additional hours beyond the initially agreed scope due to unforeseen circumstances.

The Client agrees to compensate the Business for any overtime hours at the rate specified in the project estimate or invoice.

The Business will communicate the necessity for additional hours to the Client as promptly as possible.

Additional costs from overtime will be invoiced to the Client for reimbursement.

Notification and Recovery Costs:

The Business will notify the Client of any overdue payments immediately, allowing 7 days for rectification.

The Client is responsible for reimbursing the Business for any additional costs incurred in recovering overdue payments, such as legal fees or collection agency charges.

Dispute Resolution and Acceptance of Work:

The established process for dispute resolution and acceptance of work remains unchanged, ensuring a fair approach to resolving issues.

The Business reserves the right to suspend services and withhold delivery of any work in progress if payments are not received as agreed, ensuring timely payments and dispute resolution.

Cancellation and Rescheduling:

To facilitate planning and resource allocation for each shooting session, TMD Studio has established the following cancellation and refund policy:

100% Refund: Cancellations or changes made at least 7 days before the scheduled shooting session.

70% Refund: Cancellations or changes made 5 days before the scheduled shooting session.

50% Refund: Cancellations or changes made 3 days before the scheduled shooting session.

25% Refund: Cancellations or changes made 2 days before the scheduled shooting session.

10% Refund: Cancellations or changes made within 24 hours of the scheduled shooting session.

The Studio requires at least 24 hours' notice for any cancellations. Notices must be provided in writing and will be subject to the above refund policy. Failure to provide notice within the specified period will result in the forfeiture of the deposit and may incur additional fees.

Rescheduling Policy

To facilitate effective scheduling and resource management, TMD Studio has established the following rescheduling policy:

Flat Rate Reschedule Fee: A flat rate reschedule fee of $50 will be charged for any changes made within 72 hours of the scheduled shooting session. Additionally, a reschedule fee of 25% of the total project cost will be charged for changes made with less than 72 hours' notice, and a reschedule fee of 50% of the total project cost will be charged for changes made with less than 48 hours' notice.

The Studio requires at least 7 days' notice for any rescheduling to be eligible for a refund. Notices must be provided in writing and will be subject to the above rescheduling fee. Failure to provide notice within the specified period will result in the forfeiture of the deposit and may incur additional fees.

Emergency Situations Policy

In the event of a genuine emergency situation beyond the client's control, such as sudden illness, family emergency, or natural disaster, TMD Studio will assess each situation individually to determine the appropriate action.

Clients facing emergency situations must notify TMD Studio as soon as possible to explain the circumstances and discuss available options. TMD Studio may request appropriate documentation or verification of the emergency situation.

Depending on the nature and timing of the emergency, TMD Studio may provide alternatives such as rescheduling without penalty, partial refund or credit, waiver of rescheduling fee, or flexible payment arrangements.

This policy ensures that TMD Studio can effectively manage its scheduling and resources while also providing clients with flexibility during unforeseen circumstances.

Expenses

The Client will reimburse the Business for reasonable expenses incurred, including additional hours worked beyond the agreed scope ('overtime hours'), parking fees, transportation costs, and other relevant expenses directly related to service provision. The Business will inform the Client of these expenses in advance and provide documentation or receipts.

Licensing & Intellectual Property

The Business warrants obtaining and maintaining all necessary copyright clearances, licenses, and permissions for intellectual property use, including photographs, videos, and music. This includes permissions from copyright holders, models, actors, and locations. The Business commits to adhering to industry standards and ethical guidelines, guaranteeing respect for third-party intellectual property rights.

In case of copyright infringement disputes, the Business will indemnify and hold harmless the Client.

The Client is granted a non-exclusive license to use the produced content, while acknowledging the Business's rights.

Confidentiality Clause

Both parties agree to maintain Confidential Information in strict confidence, with obligations surviving contract termination.

Consumer Guarantees

The Agreement does not affect either party's rights under the Australian Consumer Law.

Termination of contract

The Contract ends on [contract end date] unless terminated earlier. Upon early termination, the Client is liable for all work performed and costs incurred until the termination date. Terms for early termination include:

Notice Period: 14 days' written notice.

Unfinished Work: The Business will provide any work in progress or completed work up to termination date.

Final Settlement: Within 30 days of termination, the Business will submit a final invoice.

Confidential Information: Both parties agree to return or destroy confidential information.

Non-Disparagement: Both parties agree not to make disparaging comments.

Survival of Obligations: Obligations continue beyond contract termination.

Modifications

Any changes to the contract require written agreement between the Client and the Business.