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Terms and Conditions

This agreement is established between Thomas Pang (operating as Thomas C137 Photography), herein referred to as the photographer, and the individual securing the session, herein referred to as the client. Your agreement to these terms is required prior to formalising a commission.

Last updated: 26/02/2026

By booking the portraiture service, you acknowledge and agree to the following policies. Please review them carefully before booking your session.
 

  1. Booking And Financial Policies 

    • Retainer and Payment Structure

      • To secure a session date, a non-refundable retainer representing 50% of the selected plan's total cost is required upon booking via JotForm. The remaining balance is due immediately following the conclusion of the photoshoot. All fees are transacted in the local currency of the location where the service is provided.

    • Non-Refundable Policy

      • The upfront retainer compensates the photographer for reserving the date and turning away other potential clients. It is strictly non-refundable under all circumstances, including client cancellation.

    • Rescheduling Protocol

      • Clients may request to reschedule their session without penalty provided notice is given at least 48 hours prior to the scheduled start time. If a rescheduling request is made within 48 hours of the session, an administrative fee of AUD $80 will apply.

    • Late Arrivals

      • Punctuality is critical. If a client arrives more than 20 minutes past the scheduled start time, the session will be classified as a no-show and immediately cancelled. The retainer will be forfeited, and no refunds will be issued.
         

  2. The Analogue Medium And Deliverables 

    • Inherent Medium Characteristics

      • Film photography is a physical and chemical process. While rigorous technical care is applied, the medium is susceptible to unpredictable variables such as minor light leaks, emulsion inconsistencies, or slight grain variations. By proceeding, the client acknowledges these elements as inherent characteristics of the art form, not defects.

    • Expired Film Usage

      • If a client opts to incorporate expired or discontinued film stocks from the photographer's inventory, they accept the inherently unstable nature of these materials. No refunds or reshoots will be granted based on unpredictable colour shifts or degradation associated with expired film.

    • Turnaround Time

      • The development, scanning, and digital refinement of analogue film require precision. The standard turnaround time ranges from 2 to 4 weeks, contingent upon laboratory processing volumes.

    • Digital File Delivery

      • All high-resolution digital scans will be delivered via a secure WeTransfer link to the designated email address. It is the client's sole responsibility to download and securely archive these files before the link expires. The photographer is not liable for data loss following the expiration of the delivery link.

    • Physical Negatives

      • If clients elect to collect their physical film negatives, pickup must be arranged within the Melbourne CBD within 14 days of being notified that the development is complete. Negatives uncollected after this period will be permanently discarded without further notice.
         

  3. Copyright And Usage Rights 

    • Copyright Ownership

      • The photographer retains the sole and exclusive copyright to all photographs created during the session. The photographs are the intellectual property of the photographer, protected by Australian and international copyright laws.

    • Portfolio Rights and Privacy

      • The photographer reserves the right to utilise any photographs created during the session for promotional purposes, portfolio display, exhibitions, and social media, unless a strict Non-Disclosure Agreement (NDA) or a Commercial Buyout is negotiated and executed in writing prior to the session. Clients seeking absolute privacy or exclusive commercial rights must state this during the booking process, which will be subject to an additional licensing fee.

    • Client Usage Licence

      • Upon full payment, the client is granted a broad, non-exclusive, and perpetual licence to use the photographs for personal archiving, editorial submissions, professional casting profiles, and social media presence. Clients are highly encouraged to credit the photographer when publishing the work.

    • Artistic Discretion

      • The photographer retains absolute technical and artistic discretion regarding lighting, composition, film selection, and post-production colour balancing. Requests for specific editing may be accommodated where reasonable, but the final aesthetic decisions rest entirely with the photographer. Unedited RAW scans or raw files will not be provided under any circumstances.

  4. Conduct And Liability 

    • Professional Conduct

      • A safe, respectful, and professional environment is strictly maintained. The photographer reserves the right to immediately terminate the session without refund if the client engages in disruptive, threatening, or inappropriate behaviour.

    • Equipment Protection and Liability

      • Analogue cameras, particularly vintage medium format systems, are delicate and highly valuable precision instruments. If any equipment is damaged due to the client's direct negligence, recklessness, or failure to follow safety instructions during the session, the client assumes full financial responsibility for the professional repair or current market replacement cost of the damaged items.

    • Minors and Guardianship

      • Clients under the age of 18 must supply a signed consent form from a legal guardian prior to the session. A parent or legal guardian must be physically present for the entire duration of the photoshoot. Failure to comply will result in immediate cancellation and forfeiture of the retainer.

    • Limitation of Liability

      • In the highly unlikely event of a catastrophic technical failure, laboratory destruction of film, or severe equipment malfunction resulting in the total loss of images, the photographer's liability is strictly limited to a proportional refund of the fees paid or the offering of a complimentary reshoot.

    • Force Majeure

      • Neither party shall be held liable for any delay or failure to perform their obligations under this agreement if such delay or failure is caused by events beyond their reasonable control, including but not limited to severe weather events, natural disasters, or sudden illness. In such instances, the session will be rescheduled without penalty.

    • Governing Law

      • These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the courts of Victoria.

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