Terms and Conditions.

1.1. Definitions

In these Terms and Conditions, the following definitions apply:
  • Copyright Act (Aw): The Dutch Copyright Act of 1912.
  • Photographic Work: Photographic creations as referred to in Article 10, paragraph 1, section 9 of the Copyright Act, as well as other works that are considered equivalent under the Act.
  • Photographer: The contractor, as defined in Article 6:231 of the Dutch Civil Code.
  • Client: The other party in the agreement, as defined in the same article.
  • Usage: Reproduction and/or publication as defined in Articles 1, 12, and 13 of the Copyright Act.

2. Applicability

These Terms and Conditions apply to all legal relationships between the Photographer and the Client, including quotations, order confirmations, verbal and written agreements, and even after termination of an agreement—unless explicitly agreed otherwise in writing.

3. Fees

3.1 If no specific fee is agreed upon, the Photographer will determine a reasonable fee based on the scope and intended use of the work.
3.2 Any necessary additional work or expenses will be billed to the Client.

4. Invoicing and Payment

4.1 Payment must be made within 14 days of the invoice date.
4.2 Late payments are subject to statutory interest plus an additional 2%.
4.3 If the Client defaults or breaches the agreement—including unauthorized use of the Photographer’s work—all resulting legal and collection costs will be borne by the Client.
4.4 No use of any photographic work is permitted until all outstanding invoices have been paid in full.

5. Complaints

Any complaints regarding the delivered work must be reported to the Photographer in writing (or via email) within 10 business days. The Photographer reserves the right to deliver replacement work within a reasonable timeframe unless this would cause disproportionate harm to the Client.

6. Assignment

6.1 The Client must clearly communicate any specific requirements before the start of the assignment.
6.2 The Photographer will carry out the assignment with artistic and technical freedom, while striving to meet the Client’s wishes.
6.3 The assignment is a best-effort agreement, not a guarantee of specific results.
6.4 Changes requested by the Client during the assignment may result in additional charges. These will be quoted separately and executed only after written approval by the Client.

Cancellation Policy

6.5 In case of cancellation by the Client, the Photographer is entitled to the agreed fee as follows:
  • Cancellation 1 month to 1 week before the shoot: 50% of the total fee
  • Cancellation 1 week to 48 hours before the shoot: 75% of the total fee
  • Cancellation less than 48 hours before the shoot: 90% of the total fee

7. Delivery

Images will be delivered in the agreed-upon format and file type.

8. Illness and Force Majeure

8.1 The Photographer is not liable for delays or failure to deliver due to force majeure.
8.2 Force majeure includes all external circumstances beyond the Photographer’s control, including illness and (temporary or permanent) incapacity.
8.3 In such cases, the Photographer may assign a replacement photographer in consultation with the Client.
8.4 If part of the work has already been delivered, the Client will be invoiced accordingly.

9. Copyright

All copyrights remain with the Photographer, unless otherwise agreed in writing.

10. License

10.1 Usage rights are only granted in writing (e.g., via email or contract), as specified in the Photographer’s offer or invoice.
10.2 Unless otherwise agreed, the license is for one-time use, in original form, and for the intended purpose only.
10.3 Exclusive rights must always be agreed upon in writing.
10.4 The Client may not transfer usage rights to third parties without the Photographer’s written permission.
10.5 Sub-licensing is not permitted unless explicitly agreed.

11. Copyright Infringement

11.1 Any unauthorized use of a photographic work is considered a copyright infringement.
11.2 In such cases, the Photographer is entitled to compensation of at least three times the standard licensing fee, plus any additional damages and legal fees.

12. Name Credit and Moral Rights

12.1 The Photographer must be credited clearly alongside the photographic work.
12.2 The Client must respect the Photographer’s moral rights, including credit and protection of integrity.
12.3 Violations of these rights result in a penalty of at least 100% of the usual licensing fee, plus potential damages and legal costs.

13. Liability and Third-Party Claims

13.1 The Photographer warrants having the right to enter into this agreement and grant the associated license.
13.2 The Photographer is not liable for third-party claims related to the use of the work, unless there is gross negligence or intent.
13.3 Liability is limited to the invoice amount, or if applicable, the amount covered by the Photographer’s insurance.
13.4 If any third-party claims arise, the Photographer and Client will consult on how to proceed legally.

14. Bankruptcy or Suspension of Payment

Both parties are entitled to terminate the agreement immediately in case of bankruptcy or suspension of payment of the other party. In case of the Client’s bankruptcy, any granted license may be revoked.

15. Governing Law and Jurisdiction

15.1 Dutch law applies to all matters governed by these Terms and Conditions.
15.2 Any disputes will be submitted to the competent court in the Netherlands.

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