Terms and Conditions
Your Guide to a Seamless Portraiture Experience
Welcome to the Terms and Conditions page, where Thomas outlines important guidelines and procedures for the portraiture services. Thomas prioritises transparency, privacy, and your satisfaction. Explore these Terms and Conditions to ensure a smooth and enjoyable experience.
Last updated: 22/04/2025
By booking the portraiture service, you acknowledge and agree to the following policies. Please review them carefully before booking your session.
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Privacy Policy:
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Your photos may be displayed on this website and Thomas’s social media platforms for promotional purposes.
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Prior notification will be given if your photos are submitted to competitions.
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By making a booking through JotForm, clients agree to have their personal information shared with Thomas. This information is used solely for providing photography services, managing bookings, and facilitating communication related to the service.
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Service Location:
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This portraiture shooting service is available in Melbourne or other destinations as agreed upon. The availability of the service in each location is subject to prior arrangement and scheduling.
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All rates, fees, and financial transactions associated with this service shall be conducted in the local currency of the respective location where the service is provided. For instance, if the service is conducted in Hong Kong, fees will be quoted and charged in Hong Kong Dollars (HKD).
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Booking, Plans and Payment Policy:
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Booking can be made through Jotform only.
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Bookings must be made at least 14 days in advance to allow Thomas sufficient time to procure the necessary film stock.
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Written confirmation of availability will be issued upon booking.
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To secure a booking, clients are obligated to make upfront payments.
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The upfront payment amounts are determined by the selected plan as follows:
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Basic Plan: AUD $125
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Premium Plan: AUD $195
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Ultimate Plan: AUD $260
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All upfront payments made for any portraiture plan, including the Basic, Premium, Ultimate, and Build Your Own plans, are strictly non-refundable, regardless of cancellation circumstances.
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For the Basic, Premium, and Ultimate Plans, the costs of film, development, and scanning are included.
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Customers opting for the Basic and Premium Plans may only choose colour film that uses C-41 processing. Motion picture film (ECN-2) and slide film (E-6) are exclusively available to Ultimate Plan customers.
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Build Your Own Plan Policy:
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Clients choosing the Build Your Own Plan are liable for the cost of film, development, and scanning.
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Thomas will initiate the procurement of the requisite film stock upon receipt of the base rate and film cost payments.
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In cases where the initially selected film stock is unavailable, Thomas will engage in discussions with clients regarding suitable alternatives.
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Clients may be required to cover any price disparities between the two film stocks. Developing and scanning fees are determined by the chosen laboratory and are separately invoiced.
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Payments are facilitated via bank transactions.
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Clients will receive formal confirmation upon successful payment.
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Invoices will be dispatched to clients following payment.
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Parental/Guardian Consent Requirement:
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Clients under the age of eighteen (18) years are required to submit a signed consent form from a parent or legal guardian in PDF or Word document format concurrently with the booking of the portraiture shooting service.
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The consent form must clearly state the full legal names of both the minor client and their parent or guardian. Failure to provide such consent may result in the cancellation of the booking without refund, and Thomas shall bear no liability for any consequences arising from non-compliance.
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Parental/Guardian Presence Requirement:
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Clients under the age of eighteen (18) years must have a parent or legal guardian present for the entire duration of the portraiture shooting session.
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Failure to ensure the presence of a parent or guardian may result in immediate cancellation of the session without refund, and Thomas shall bear no liability for any consequences arising from non-compliance.
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Expired or Discontinued Film Use Policy & Disclaimer:
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Expired or discontinued film stock may be utilised during photography sessions; however, Thomas commits to taking all reasonable measures to ensure the highest possible quality of the resulting photographs.
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Clients are afforded the option to opt for expired or discontinued film from Thomas’s available inventory.
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Refunds are categorically excluded due to the inherently unpredictable nature of expired or discontinued film.
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The pricing of expired or discontinued film is judiciously determined.
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Photography Release and Copyright Policy:
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Copyright is jointly vested in clients and Thomas.
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Clients possess full discretion to utilise the photographs without the imposition of obligatory credits, although such accreditation is encouraged.
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Rescheduling and Cancellation Policy:
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Free cancellations and rescheduling are permitted up to 12 hours prior to the commencement of the session.
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An AUD $100 fee will be levied for cancellations made within the 12-hour window preceding the session.
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An AUD $80 fee will be levied for rescheduling made within the 12-hour window preceding the session.
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Refund and Satisfaction Guarantee Policy:
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For the avoidance of doubt, all upfront payments made for any portraiture plan, including the Basic, Premium, Ultimate, and Build Your Own plans, are strictly non-refundable, regardless of cancellation circumstances.
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Partial refunds may be contemplated in cases of lab mishandling or equipment failure.
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The organisation of reshoots may be arranged at a reduced rate.
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No refunds are available in cases where clients are not satisfied with the shooting results.
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Late Arrival Policy:
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Clients arriving 20 minutes or more past the scheduled start time will be deemed to have cancelled the session and no refunds will be issued.
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Such cancellations are also subject to the cancellation and refund terms outlined in Clauses 8 and 9.
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Turnaround Time Policy:
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Turnaround times are subject to variations contingent on the selected laboratories and the intricacies of film processing, spanning durations from 1 day to 4 weeks.
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Some laboratories extend express processing options, available for an additional fee.
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File Delivery Policy:
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All photographic files will be delivered to clients via WeTransfer to their designated email addresses.
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Clients are strongly encouraged to download the files prior to their expiration, as expired files may become unrecoverable, and Thomas shall bear no liability for any losses incurred from such expiration.
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Film Negative Pickup Policy:
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If clients have selected to pick up the film negatives in Melbourne CBD, they must arrange a mutually agreed-upon place, date, and time with Thomas.
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Clients are required to pick up the negatives within 14 days after the film has been developed.
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Failure to collect the negatives within this 14-day period will result in Thomas discarding the unclaimed negatives.
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Thomas is not responsible for negatives not collected within the specified timeframe.
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Code of Conduct and Respect Policy:
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Clients are expected to maintain respectful, courteous, and professional behaviour throughout the entire duration of the session.
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Thomas reserves the right to immediately terminate any session, without issuing a refund, in the event of inappropriate behaviour.
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Thomas further reserves the right to refuse or discontinue services to any client whose conduct is deemed inappropriate, unsafe, threatening, or disruptive.
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In accordance with Clause 9, no refunds will be issued for services terminated due to breaches of conduct.
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Film and Equipment Policy:
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Equipment selection is vested in Thomas, unless an alternative arrangement is mutually agreed upon.
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Clients are encouraged to engage in discussions concerning preferences and equipment selections.
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Clients may, following prior consent, introduce personal equipment.
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Liability and Insurance Policy:
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Thomas is absolved of liability in cases of accidents or injuries.
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The possession of liability insurance is not an attribute of Thomas’s service.
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Rescheduling and Cancellation Policy:
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Clients may reschedule their session free of charge if notice is given at least 24 hours prior to the scheduled session start time.
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A rescheduling fee of AUD $80 will apply for changes made within 24 hours of the session.
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Cancellations are not eligible for any refund, regardless of notice period. See Clause 9 for full refund policy.
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Refund and Satisfaction Guarantee Policy:
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As referenced in Clause 8, all cancellations are strictly non-refundable.
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To avoid any misunderstanding, all upfront payments—including those for Basic, Premium, Ultimate, and Build Your Own plans—are strictly non-refundable, regardless of cancellation reasons or timing.
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Partial refunds may be considered in the event of laboratory mishandling or equipment failure.
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Reshoots may be arranged at a discounted rate where appropriate.
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No refunds will be issued for dissatisfaction with the final images.
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Copyright Violation and Content Removal Policy:
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Reporting Copyright Violations:
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If you believe that your copyrighted material has been used on this website or Thomas’s social media accounts in a manner that constitutes copyright infringement, please promptly notify Thomas via email at hello@thomasc137photo.com.
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Your notification should include a detailed description of the copyrighted work, identification of the specific location of the infringing material, your contact information, and a statement of good faith belief.
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Content Removal Process:
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Upon receiving a valid copyright infringement notification, Thomas will promptly investigate the matter and remove or disable access to infringing material.
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Counter-Notification:
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If you believe your material was removed or disabled in error, you may submit a counter-notification including material details, a statement of good faith belief, your contact information, and consent to jurisdiction.
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Contact Information:
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All copyright-related communications should be sent to hello@thomasc137photo.com.
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Protection of Rights:
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Thomas reserves discretion in handling copyright matters, including the removal of material without prior notice.
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Additional Protection Clauses:
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Force Majeure:
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Thomas is not liable for any delay, failure, or cancellation due to causes beyond his control, including but not limited to severe weather, natural disasters, illness, pandemics, governmental restrictions, acts of terrorism, or other unforeseen circumstances. In such cases, efforts will be made to reschedule sessions without penalty, but no refunds shall be provided.
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Indemnification:
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Clients agree to indemnify, defend, and hold harmless Thomas from and against all claims, losses, liabilities, damages, and expenses, including legal fees, arising from their use or misuse of the images, or any breach of these terms by the client.
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Artistic Discretion:
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Clients acknowledge that the style of photography, selection of images, and editing of photographs are subject to Thomas’s professional and artistic discretion. Specific editing requests may be accommodated where reasonable, but the final creative decisions remain solely with Thomas.
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Limitation of Liability:
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Thomas’s total liability arising under or related to this agreement shall not exceed the total payments made by the client for the specific service booked.
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Reservation of Rights and Final Decisions:
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All rights and final decisions regarding the services provided, policies, and their interpretation are reserved by Thomas.
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