Terms & Conditions Corporate Photography Services

The General Terms and Conditions of the Dutch professional Photographers association, DuPho apply to all legal relationships between Mélanie Lemahieu – The Photographer, and The Other Party or The Client, including offers, confirmations of orders and oral or written agreements, even after the termination of an agreement, unless the parties have explicitly deviated from these Terms and Conditions in writing.

Applicability of the General Terms and Conditions of the other party is hereby expressly rejected.

 

1- Definitions applying to these general terms and conditions

– Aw: Auteurswet 1912 [Dutch Copyright Act of 1912] – Photographic Work: photographic works as referred to in Article 10 section 1 subsection 9 Aw, or other works covered by the Aw that can be equated with the said photographic works.
– Image Carrier: the carrier on which a Photographic Work (whether or not identifiable with the naked eye) is recorded, such as a slide, negative, print, duplicate copy, Polaroid, CD-rom, DVD or memory stick.
– Photographer: the user as defined by Book 6, Article 231 of the Dutch Civil Code.
– Other Party: the other party as defined by Book 6, Article 231 of the Dutch Civil Code.
– Usage: copying and/or publication as defined by Article 1 in conjunction with Articles 12 and 13 of the Aw.

 

These General Terms and Conditions apply to all legal relationships between a Photographer and an Other Party, including offers, confirmations of orders, and oral or written agreements, even after the termination of an agreement, unless the parties have explicitly deviated from these Terms and Conditions in writing.

 

3- Offer

Offers are entirely free of obligation unless expressly stated otherwise. The Photographer has the right to withdraw her offer up to two working days after receiving acceptance of this offer. The offer does not oblige the Photographer to deliver part of the agreement in return for a proportionate price.

 

4- Charges and Timings

1. If The Photographer provides a quote to The Client, the fee will be charged at that agreed rate exclusive VAT. The Photographer generally requests a brief at the time of booking (via email or verbally).
2. Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original brief by the Client or otherwise at their request, the Photographer will reserve the right to charge the Client extra expenses and fees.
3. If The Client changes the length of the job, the fee will increase as per the agreed hourly rate. If The Client is delayed or running late and the job runs into extra time again the fee will increase as per the agreed hourly rate.  The Photographer will make The Client aware of timings and should the work run into extra time he will make the client aware of this and the associated costs.  There is a mutual understanding between The Client and The Photographer that punctuality is important and respected by all parties.
4. If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief it will be made clear to the Client that The Photographer’s fee may increase. If the Photographer is unable to contact the client/payer of invoice at that time work will stop until contact has been made.
5. On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client.
6. If on arrival at a booked job there is an issue (outside of the Client or Photographer’s control) such as bad lighting or restrictions are in use of where the shoot is taking place, a fee may be charged to cover time.
7. Quoted fees include transport within Amsterdam. Additional mileage will be charged at 0.30 euros per km outside Amsterdam.
8. Any congestion charges, road toll charges and parking costs will be billed to the client as a Photographer expense and will be added onto the invoice.

 

5- Booking and Cancellation

1. Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Melanie Lemahieu Photography will not accept any other work from other clients for those times and dates.
2. As a result, once a booking is confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule:

– More than 4 weeks before the agreed date: free of charge
– Within 4 weeks: 20% of the booking rate. When moving: free of charge
– Within 7 days: 50% of the booking rate. When moving: free of charge
– Within 24 hours: 100% of the booking rate When moving: 50%

Moving is subject to availability.

When a booking is confirmed, if it is subsequently postponed, the Photographer will at his discretion charge a fee for postponement.

Moving your assignment to a date on which we are no longer available is seen as a cancellation.

In addition to this cancellation fee, the client will be charged for any expenses already incurred by Melanie Lemahieu Photography as a result of cancellation or postponement.

 

6- Cancellation by the Photographer

The Photographer will endeavour to put the Client in touch with another photographer in the event The Photographer is unable to attend on booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of such cancellation by The Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time.

 

7- Collaboration / Execution of the Assignment

1. Melanie Lemahieu Photography will carry out the assignment to the best of her knowledge and ability with the requirements of good workmanship, in the style in which she usually works. Melanie Lemahieu Photography does not guarantee the creation of specific images. The result of the final photo report is constituted of a combination possibly uncontrollable elements, such as but not limited to, the location and space available, the weather, the light conditions, the styling, the available time allocated with the customer, the presence of other parties, such as a videographer or bystanders.
2. The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.

 

8-  Products and delivery

1. The post-processing starts after payment of the final invoice. After delivery of the photos, 5 changes from color to black and white or vice versa are included free of charge. The final selection is final
2. Melanie Lemahieu Photography delivers the number of photos that have been agreed upon in the contract. Usually around 40 images per hour of photography.
3. Melanie Lemahieu Photography delivers files digitally.
4. Melanie Lemahieu Photography does not deliver RAW files to the client or to third parties.
5. An estimated delivery time of 1 to 5 working days applies. This may vary depending on the type and duration of the photoshoot.
6. Melanie Lemahieu Photography selects the best photos and edits them in her own style in color or black and white at her discretion.

 

9- Invoice and Payment

1. Payment shall be made within fifteen days of the date of the invoice unless agreed in advance and in writing.
2. The Other Party shall pay the amount due to the Photographer without any reduction or claim to compensation, except for the deduction of any advance payments agreed between the parties and previously made to the Photographer.
3. If the Photographer has not received the amount due within the period specified in 5.2 above, the Other Party is in breach and therefore liable for interest at the statutory rate plus 2%.
4. If the Other Party is in breach of any of its obligations under the agreement, including any infringement of copyright, then it is liable for all judicial and extra-judicial costs incurred in seeking compensation for the same.
5. Any use of the Photographic Work whatsoever is prohibited until the Other Party has paid any outstanding invoice of the Photographer or has otherwise complied with any other obligation arising from any agreement whatsoever with the Photographer.

10- Copyright and Ownership of Materials

1. The entire copyright, title, and intellectual property rights of any Images will always remain that of the Photographer, at all time, throughout the world.
2. The photographs produced by the Photographer are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without the photographer’s explicitly written permission.
3. The Photographer grants the Client permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the Photographer.
4. The Client must obtain written permission from the Photographer prior to publishing or selling the photographs to any third party.
5. Images will be licensed for use for a specified period. When the License to Use has expired, the images should not be used any longer.

 

11- Infringement of Copyright

1. Each unauthorized use of a Photographic Work is deemed to be an infringement of the Photographer’s copyright.
2. Any infringement entitles the Photographer to claim compensation of at least three times the license fee usually charged by the Photographer for such type of use, without losing any right to claim compensation of other damages (including the right to compensation of all direct and indirect damages and all judicial and extra-judicial costs actually incurred).

 

12- Photographer’s Credit

1. The name of the Photographer should be clearly credited alongside the Photographic Work used or included elsewhere in the publication with reference to the Photographic Work. Please credit “Melanie Lemahieu Photography”
2. Failure to comply with this condition entitles the Photographer to claim compensation of at least 100% of the license fee usually charged by the Photographer for such a type of use, without losing any right to claim compensation of other damages (including the right to compensation for all direct and indirect damages and all judicial and extra-judicial costs actually incurred).
3. If the Other Party has obtained written consent to reproduce in whatever form the Photographic Work, it shall ensure that the name of the Photographer accompanies these reproductions. In the case of digital/electronic copies, the Other Party shall also ensure that the entire metadata that was included in the digital file by the Photographer – information according to the EXIF, IPTC, XMP and ICC standards – shall be preserved.

 

14- Use and License

1. Images are to be used as agreed at the time of booking and at the time of agreeing the fee. The licence to use is limited to the use and period of time specified on the Photographers booking form and no other use may be made of the Images without the Photographers express permission. An agreement must be reached with The Photographer before Images are used for any other purpose or after the licence to use has expired.
2. If the scope of the license is not specified, it shall not extend beyond the right to one single use, in original form and for a purpose, circulation and method as intended by the parties at the time they enter into the agreement, in accordance with the interpretation of the Photographer.
3. Manipulation of the Images or use of only a portion of Image may only take place with the permission of the Photographer.
4. If the Photographer has given permission for image manipulation, electronically or otherwise, the result may only be used once explicit written consent has been obtained.
5. When the license to use has expired an additional charge has to be agreed for extended usage with the Photographer.
6. Sub-licenses unless otherwise agreed, the Other Party is not entitled to grant sub-licenses to a third party.

 

15- Exclusivity

1. The usage rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties (save for the purpose of the work by the Client of such reproduction/usage rights/PR).
2. The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
3. The Photographer retains the right in all cases to use the Images covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.

 

16- Client Confidentiality

The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him, save as to be reasonably necessary to enable the Photographer to carry out his obligations in relation to the work.

 

17- Rejection

Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.

 

18- Liability and Indemnity

It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture.  If the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify The Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.

 

19- Archiving of Images

All final images will be stored and archived by The Photographer for 1 year.  If archived photographs are required after that time or additional storage time is required, an administration fee may be charged.  If The Photographer loses images stored in archive or they are stolen, The Photographer is not liable beyond 1 year of storage.  Within 1 year, The Photographer is liable to the cost of the originals (a return of the original fee).

 

18- Complaints

Complaints regarding the Photographic Work supplied should be reported to the Photographer in writing as soon as possible, within a maximum of ten working days of its delivery. The Photographer has the right to substitute the rejected work with good work within a reasonable period unless this would cause disproportionate damage to the Other Party.

 

20-  Liability of the photographer

The Photographer is not liable for any loss suffered by the Other Party unless such loss is caused by the gross negligence or deliberate act of the Photographer or any third party acting on his behalf. Any liability is limited to the amount of the invoice or, if and insofar as damage is insured, up to the amount of the sum actually paid out under the insurance policy.

 

21-  Bankruptcy/moratorium

The Photographer and the Other Party are each entitled to terminate the agreement with immediate effect if the Other Party becomes bankrupt or is granted a moratorium. In the event of the bankruptcy of the Other Party, the Photographer has the right to terminate the license, unless the consequences of doing so would be in breach of the principles of reasonableness and fairness.

22. Choice of law and forum

1. All matters governed by these General Terms and Conditions are subject to Dutch law.
2. The Vienna Sales Convention 1980 (CISG) shall not apply.
3. Any dispute concerning the wording and explanation of these General Terms and Conditions and a legal relationship between the Photographer and the Other Party shall be brought before the court with relevant jurisdiction in the Netherlands. The original Dutch version of these General Terms and Conditions has been filed with the Court of Amsterdam under reference number 84/2011.

 

23-Variation

No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.