Terms of service

1. Acceptance of Terms

By accessing or using the FilmDeveloping.co website (the “Site”) or ordering any products or services from Film Developing Co. (“we,” “us,” “our”), you agree to be bound by these Terms of Use / Terms & Conditions (“Terms”), including our Privacy Policy (incorporated herein by reference). If you do not agree to all of these Terms, you must not use the Site or place an order. We reserve the right, at our sole discretion, to modify or update these Terms at any time by posting the revised version on the Site. Continued use or ordering after revisions means you accept the updated Terms.

2. Services and Orders

2.1 Scope. These Terms govern all services, including but not limited to film development, scanning, printing, processing, archiving, rescan requests, custom work, shipping of film/negatives, and other ancillary services offered by Film Developing Co.
2.2 Order Submission. You must complete an order form or submission (online or physical) to initiate processing. You represent that all information you provide is true, accurate, and complete.
2.3 Turnaround Time. Turnaround times are estimates only and may vary based on workload, volume, holidays, or equipment issues. We will not be liable for delays beyond our reasonable control.
2.4 Rush / Expedited Requests. If you request rush or expedited service, fees may apply. We reserve the right to deny rush requests if capacity or scheduling does not permit.

3. Wet, Souped, or Contaminated Film; Right to Reject

3.1 Risk of Water / Soup Exposure. Film that has been exposed to water, moisture, chemical treatment (“soup”), or signs of contamination prior to receipt may present a risk to our chemistry, equipment, or other customers’ processing.
3.2 Inspection; Notification. Upon receipt of film, we will inspect for signs of water exposure, wetness, separation, chemical residue, swelling, odor, or other anomalies. If we determine (in our reasonable judgment) a roll is wet, souped, or otherwise compromised, we will notify you in writing (e.g. via email) within two (2) business days of receipt.
3.3 Disposition Options. Following notification, you may instruct us to:

• Return the roll(s) to you (at your expense)
  
• Dispose of the roll(s)
  If you do not respond in writing within fourteen (14) calendar days, we may, at our discretion, elect to return, hold, or dispose of the film.
  

3.4 Refunds / Fees. If we refuse processing, we will refund any service fees you have paid, minus any actual shipping, handling, or third-party costs incurred. If you authorize at-risk processing, you accept that no refunds will be issued due to image degradation or failure resulting from prior exposure.
3.5 Lab Protection. We reserve the right to reject any film we reasonably believe may harm our chemistry or equipment or contaminate other orders. If your submission causes damage, we may recover remediation costs from you.

4. Shipping, Carrier Liability & USPS Returns Label

4.1 Courtesy Label. If we provide a USPS returns label (or any shipping label) on our Site, it is offered for convenience only and does not transfer liability to us. You (the customer) remain responsible for the package in transit until we physically receive it.
4.2 Carrier Responsibility. You are responsible for selecting carriers, obtaining tracking, insurance, and delivery options (e.g. signature required) suitable for your film’s value.
4.3 Missing / Delayed / Damaged Shipments.

• You must notify us in writing (with tracking and other relevant info) within fourteen (14) calendar days of the expected delivery date if your package is missing, delayed, or appears damaged.
• We will assist in reviewing inbound scans, searching for misplacement, and cooperating with carrier investigations.
• However, we disclaim liability for any loss, delay, damage, or theft occurring while the film is in transit using the provided label.
• If the package is received but lost or damaged internally, we will investigate; if liability is found, our remedy is limited to refunding or reprocessing (as applicable) up to the service fees paid.

4.4 Carrier Claims. You are responsible for filing claims with the carrier. We will provide reasonable cooperation (e.g. documentation, photos, confirmation of non-receipt) but are not liable for the carrier’s decision, obligations, or reimbursement.
4.5 Reshipment of Undelivered Packages. If a package is returned to us as undeliverable, we may charge an additional shipping fee to reship to you.

5. Limitation of Liability; Remedies

5.1 Limited Remedies. To the fullest extent permitted by law:

• If we lose or damage film while in our custody (through our negligence or fault), your sole remedy is replacement of the film and reprocessing (of equivalent film stock and the same services). We expressly disclaim liability for any incidental, consequential, special, or indirect damages (including lost profits, lost opportunity, or emotional distress).

5.2 Liability Cap. Our total aggregate liability for any claim will not exceed the fees you have paid for processing for the affected roll(s).
5.3 No Warranty. All services are provided “as is” without warranties of any kind (express or implied), including warranties of merchantability, fitness for a particular purpose, or non-infringement.
5.4 Force Majeure. We will not be liable for delays or failures due to events beyond our control (fire, flood, acts of God, strikes, pandemics, carrier failures, supply chain disruptions, power outages, system failures, etc.).
5.5 Indemnification. You agree to indemnify, defend, and hold harmless Film Developing Co., its officers, employees, agents, and contractors from any claims, losses, liabilities, damages, or expenses (including attorney fees) arising from your breach of these Terms, your negligence, or your misuse of services.

6. Disputes; Arbitration & Class Action Waiver

6.1 Informal Resolution. Before initiating legal proceedings, you and we agree to attempt to resolve disputes informally via email or customer service communication.
6.2 Binding Arbitration. Except as otherwise required by law, any dispute or claim arising out of or relating to these Terms or your use of services shall be resolved by binding arbitration (not a court) in Wisconsin, under the rules of the American Arbitration Association (or alternate agreed forum).
6.3 Class Action Waiver. You agree to bring any claim in arbitration on an individual basis only, not as a class, collective, or representative action. The arbitrator may award the same damages and relief as a court, but cannot consolidate multiple claims or preside over class arbitration.
6.4 Attorneys’ Fees. The prevailing party is entitled to recover its reasonable attorneys’ fees and costs in any arbitration or enforcement action.
6.5 Small Claims Exception. Notwithstanding the foregoing, you or we may bring a lawsuit in small claims court (for claims within that court’s monetary limit) provided it remains in the county where Film Developing Co. is located.

7. Intellectual Property & Use of Content

7.1 Ownership. All content on the Site (text, graphics, logos, images, software, etc.) is owned or licensed by Film Developing Co. and protected by copyright, trademark, and other laws.
7.2 Use License. You may access and use the Site and the content for your personal use, subject to these Terms. You may not reproduce, distribute, modify, publish, or otherwise exploit content without our permission.
7.3 User Submissions. If you submit images, instructions, metadata, or other materials, you grant us a nonexclusive, worldwide, royalty-free license to use those materials for processing, storage, display, or promotional purposes (consistent with your privacy settings).

8. Privacy & Data

Your use of the Site and our services is also governed by our Privacy Policy, which explains how we collect, use, store, and share your personal data. We encourage you to review it.

9. Payment, Refunds & Order Disputes

9.1 Payment. You must pay all applicable fees (processing, scanning, shipping, insurance, rescan, etc.) when you submit your order or before shipping your film, as required.
9.2 Refunds. Refunds are handled on a case-by-case basis, consistent with Section 3 (wet film) and Section 5 (liability).
9.3 Dispute Periods. You must report any billing discrepancies within ten (10) business days from receipt of invoice. Any dispute regarding images must be raised within thirty (30) days after you receive digital scans/negatives.

10. Miscellaneous Provisions

10.1 Severability. If any portion of these Terms is held invalid or unenforceable, the remaining provisions will survive and be enforced to the fullest extent permitted by law.
10.2 Waiver. Our failure to enforce any right or provision under these Terms does not constitute a waiver of that right or provision.
10.3 Assignment. You may not assign or transfer your rights under these Terms to any third party without our prior written consent. We may freely assign these Terms or change control of our company without notice.
10.4 Notices. We may deliver notices or communications via email or posting on the Site. You consent to receiving notices electronically.
10.5 Governing Law. These Terms are governed by the laws of the State of Wisconsin (excluding its conflict of law rules).
10.6 Entire Agreement. These Terms (plus the Privacy Policy and any incorporated addenda) constitute the entire agreement between you and us, superseding all prior communications, negotiations, or agreements (whether oral or written) regarding their subject matter.

Updated: 09/01/2025