TMD Studio by The Moving Diary

Service Agreement (Unified Template)

1. Client Review & Communication

The Client agrees to:
• Review work in a timely manner
• Be available for questions from TMD Studio
• Provide clear and prompt feedback or decisions

2. Payment Terms

Deposit:

• A deposit is required to confirm the booking and secure scheduling.
• The standard deposit is 50% of the estimated total, unless otherwise specified.
• In some cases, such as corporate shoots or high-value projects, the deposit may be a fixed amount (e.g. $500–$1,000 or more), or 1/3 of the total fee, depending on the project scope.
• The deposit is non-refundable, and payment confirms the Client’s intent to proceed.

Balance Payment:

• Payment timelines vary depending on the type of project. Unless otherwise agreed:

• Weddings: Full balance must be paid at least 3 days prior to the shoot

• Corporate / Commercial Productions: Balance must be paid within 7–14 days after the shoot

• Standard studio or portrait sessions: Balance is typically due on the day of the shoot or within 7 days

• The Client will be informed of the applicable payment schedule at the time of booking or in the project estimate/invoice.

Late Payments:

• Invoices not paid by the due date will incur:
– $50 late fee (immediate)
– 2% monthly interest, calculated daily

Accepted Payment Methods:

Cash, direct deposit, credit/debit card (where available), or any approved method agreed in writing.

Note:
Payment structure (deposit %, balance timing) is flexible based on the nature of the shoot. Any custom terms will be clearly stated in the written estimate or invoice.

3. Additional Costs & Overtime

• Any extra hours due to unforeseen delays (e.g. event overruns) will be billed separately
• Additional charges may include transport, parking, and other reasonable expenses
• The Client will be notified in advance, and receipts can be provided upon request

4. Cancellation & Rescheduling

Unless otherwise specified in writing (e.g. for weddings or event productions), the following applies:

Cancellation Refunds:

• 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

Written notice is required at least 24 hours before the session. Failure to notify may result in forfeiture of deposit and additional fees.

Rescheduling Fees:

• Within 72 hours: $50 flat fee

• Less than 48 hours: 25% of project total

• Less than 24 hours: 50% of project total

Note:
These terms apply to most sessions. However, wedding, event, or external productions may have custom terms due to complexity or advance planning requirements.
If different terms apply, they will be clearly stated in the estimate, invoice, or written communication before the shoot.

Emergencies:

In genuine emergency cases (e.g. illness, family crisis, natural disaster), TMD Studio will consider options such as:
• Fee waivers
• Flexible rescheduling
• Partial refunds or credits
Supporting documentation may be requested.

5. Intellectual Property & Licensing

• TMD Studio retains copyright to all produced content unless agreed otherwise
• The Client receives a non-exclusive license for agreed personal or commercial use
• Unauthorised editing, reproduction, or resale is prohibited
• TMD Studio ensures all media and permissions are obtained ethically and legally
• In the event of copyright disputes, the Studio will indemnify the Client

6. Confidentiality

Both parties agree to protect any confidential information exchanged and not to disclose it to third parties. This obligation survives contract termination.

7. Termination of Agreement

This agreement may be terminated with 14 days' written notice. Upon early termination:
• The Client is responsible for work completed up to the termination date
• A final invoice will be issued within 30 days
• All confidential materials must be returned or destroyed
• Both parties agree to no public defamation or disparagement after termination

8. Consumer Law

This agreement does not override any rights the Client holds under Australian Consumer Law.