TMD Studio The Moving Diary

Service Agreement

Ver 2.0  ·  Effective February 2026  ·  Governed by NSW Law

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01.  Client Responsibilities

Timely review and clear communication from the Client are essential to a smooth production process. By entering this agreement, the Client agrees to:

–    Respond to proofs, questions, and requests within the timeframe specified by TMD Studio at each project stage.

–    Provide accurate and complete information required for the session, including subjects, usage intent, and any access or permission requirements.

–    Ensure all participants in the session are aware of and consent to being photographed or filmed.

02. Payment Terms

Deposit

A non-refundable deposit is required to confirm the booking and secure scheduling. The deposit amount is as follows:

– Standard sessions: 50% of the estimated total

– Corporate productions or high-value projects: $500–$1,000 or 1/3 of total fee, depending on scope

The deposit constitutes the Client's confirmation of intent to proceed. Refunds apply only where TMD Studio cancels the booking, or where consumer guarantees under Australian Consumer Law apply.

Balance Payment:

The applicable payment schedule will be confirmed at the time of booking or in the project estimate. Default timelines are:

Project Type

Weddings - Full balance due 3 days prior to shoot

Corporate / Commercial - Balance due within 7–14 days after shoot

Studio / Portrait Sessions - Balance due on the day or within 7 days

Late Payments:

Invoices not settled by the due date will incur a $50 late fee, applied immediately, followed by 2% monthly interest calculated daily. Clients will be notified before any interest accrues.

Accepted Payment Methods:

Cash, direct bank transfer, credit/debit card (where available), or any payment method confirmed in writing at booking.

Custom payment structures (e.g. instalment plans for large productions) are available and will be detailed in the written estimate or invoice.

03.  Additional Costs & Overtime

The quoted fee covers the agreed scope only. The following may be billed separately with prior notice:

–    Additional hours required due to event overruns or schedule changes at the Client's request

–    Transport, parking, and reasonable out-of-pocket expenses

–    Rush processing or expedited delivery (rate confirmed on request)

Where additional costs are anticipated, TMD Studio will notify the Client before proceeding. Receipts are available upon request.

04. Cancellation & Rescheduling

Cancellation

All cancellation requests must be submitted in writing. Refund eligibility is calculated from the date and time written notice is received:

Notice Period:

• 7+ days before session: 100% refund

• 5 days before: 70% refund

• 3 days before: 50% refund

• 2 days before: 25% refund

• Less than 24 hours: 10% refund

Requests received without the required notice period will be subject to the applicable fee schedule above. These terms apply to standard sessions. Weddings and event productions operate under custom cancellation terms confirmed in writing before the shoot.

Rescheduling

• Within 72 hours - $50 flat fee

• Less than 48 hours - 25% of project total

• Less than 24 hours - 50% of project total

Emergencies:

In cases of genuine emergency, including serious illness, family crisis, or natural disaster, TMD Studio will consider options including rescheduling without penalty, fee waivers, or partial credits. Supporting documentation may be requested. Each situation is assessed individually.

06.  Delivery

Edited images or footage will be delivered within the timeframe specified in the project estimate or confirmed in writing at booking. Delivery is via the platform or method advised at the time of project commencement.

–    Standard editing is included as outlined in the project scope. Significant retouching or colour grading beyond scope will be quoted separately.

–    Rush delivery may be available at an additional fee, subject to availability.

–    TMD Studio is not responsible for delivery delays caused by third-party platforms or the Client's technical environment.

07.  Intellectual Property & Licensing

TMD Studio retains copyright over all content produced under this agreement. The Client receives a non-exclusive licence for the usage scope agreed at booking (personal, commercial, or otherwise). Scope of use will be detailed in the project estimate.

–    Unauthorised editing, reproduction, resale, or sub-licensing of delivered content is prohibited without prior written consent.

–    TMD Studio ensures all necessary permits, model releases, and location permissions are obtained ethically and legally.

–    In the event of a third-party copyright dispute arising from TMD Studio's production choices, the Studio will indemnify the Client accordingly.

–    The Client indemnifies TMD Studio against claims arising from the Client's own use of delivered content beyond the agreed licence scope.

08.  Portfolio & Promotional Use

Unless the Client requests otherwise in writing prior to the session, TMD Studio reserves the right to use a selection of images or footage for portfolio, website, and social media purposes. Identifying information (name, business name) will not be used without express written permission.

Clients who prefer their session remain private may request a confidentiality arrangement at the time of booking. A reduced-usage fee may apply for sessions where promotional rights are fully withheld.

09.  Confidentiality

Both parties agree to protect any confidential information exchanged throughout the engagement and not to disclose it to third parties without prior written consent. This obligation survives the conclusion or termination of this agreement.

10.  Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through direct written communication within 14 days of the issue being raised. If unresolved, the matter will be referred to mediation before any legal proceedings are commenced.

This agreement is governed by the laws of New South Wales, Australia. Nothing in this agreement limits the Client's rights under Australian Consumer Law.

11.  Termination

Either party may terminate this agreement with 14 days' written notice. Upon termination:

–    The Client is responsible for payment of all work completed up to the termination date.

–    A final invoice will be issued within 30 days of termination.

–    All confidential materials exchanged between parties must be returned or securely destroyed.

–    Both parties agree to conduct themselves professionally in all public communications following the conclusion of this agreement.

12.  Australian Consumer Law

This agreement operates alongside, and does not limit, any rights the Client holds under the Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2). Where any term of this agreement is found to conflict with applicable law, that term will be read down or severed to the minimum extent necessary, and the remainder of the agreement will continue in full force.