general Terms & conditions
A. These general terms and conditions apply to all legal relationships between the Photographer and the Client(s) and also to all offers and agreements.
B. Provisions or conditions set by the Client that deviate from, or do not appear in, these general terms and conditions are only binding if and insofar as they have been expressly accepted in writing by the Photographer.
A. The Client enters this agreement with full awareness, understanding and acceptance of the photographic style of the Photographer.
B. The Photographer will carry out the assignment in his own style and to the best of his knowledge and ability and in accordance with the requirements of good workmanship. Photographer will not influence what happens, but will photograph the situation as it is.
C. The Photographer makes every effort and will act to the best of his ability in the given and existing circumstances during the execution of the assignment.
D. The Client is obliged to do all that is reasonably necessary and desirable to enable a timely and correct execution of the assignment. This includes the timely transmission of all necessary information, such as addresses and parking details. If the Client fails to fulfil their responsibilities, the Photographer reserves the right to suspend the execution of the assignment or to dissolve the agreement.
E. If special permission or an additional fee is required for shooting at the location desired by the Client, these will be for the account of the Client. The Client will contact the relevant location themself to book the location.
F. The Client will ensure that the Photographer has parking facilities near the location and/or provide all relevant information regarding parking facilities nearby the chosen location.
G. The Client undertakes to make the circumstances for the Photographer as favourable as possible and to take measures where necessary. This includes instructing other attendees.
H. If the Photographer encounters opposition from third parties during the execution of the agreement, he cannot be held liable due to reduced results as a consequence.
I. At the request of the Client, if sufficient time is available and/or if agreed by all Parties in advance, the Photographer will also make group portraits. The Client must ensure that the right people are brought together at the right time. The Photographer will not check whether all desired groups are complete and whether all desired groups have been photographed.
J. In the event that another Photographer and/or videographer is deployed by the Client, it is possible that these persons will also be photographed and/or that certain photos cannot be taken as a result. The Photographer cannot be held liable due to reduced
results of his services as a consequence.
K. If the Photographer works during meals, the Photographer wishes the Client to ensure that a meal is available for him during dinner. If this has not been arranged by the Client, the Photographer must be given the opportunity to eat elsewhere. This will mean that it is not possible to take pictures for at least 60 minutes, whereby the Client is not entitled to a discount or refund.
L. If the Client is not satisfied with the delivered photos due to the location, visible weather conditions, choice of clothing, processing or other factors that were known in advance, or situations that fall under Article 4 of this General Terms & Conditions,
there is no reason to reschedule or request a refund, nor the Photographer will be held liable due to reduced results of his services as a result.
M. The Photographer is authorized to engage third parties in the performance of its work.
N. Photographer cannot guarantee that every moment will be captured.
A. The Client guarantees the correctness, completeness and reliability of the data made available, even if they originate from third parties. Photographer will treat the data confidentially.
B. The Client will indemnifies the Photographer for any damage resulting from failure to comply with the provisions of this article.
C. If the Client does not provide the required information or does not provide it in time and the execution of the order is delayed as a result, the resulting additional costs will be borne by the Client.
A. The Photographer is not liable for damage arising from this agreement, unless the damage is caused intentionally or with gross negligence.
B. The Photographer is not liable for damage caused by relying on incorrect or incomplete information provided by or on behalf of the Client.
C. Photographer is not liable for loss, theft or damage to personal property of Client during a shoot on location.
D. The Photographer cannot be held liable for colour deviations on non-calibrated screens and prints supplied by someone other than him.
E. The Photographer is not responsible for acts and actions, including delays, caused by third parties and suppliers, even if the Photographer has made a recommendation for these third parties.
F. Photographer is not responsible for the weather conditions in the photo.
G. The Photographer is not responsible for defects in the content due to causes beyond its control as well as for existing backgrounds, disturbing elements or lighting situations that can have a negative impact on the images.
H. The Photographer is also not responsible for the unavailability of suggestions suggested by him, including the accessibility of locations or transport.
I. The Client remains responsible at all times for the application or performance of knowledge or actions as acquired during an agreement.
J. Client is responsible for obtaining permission from all attendees to be photographed during a shoot in a public location and at the Wedding location.
K. The Client is responsible for making a backup of the digitally supplied files.
L. In the event that damage is caused to equipment by the Client during a shoot, the Client is obliged to reimburse the replacement value.
M. If a Photographer's SD card becomes corrupt before the photos are delivered, the Photographer is not liable for compensation.
N. The Client indemnifies the Photographer against all claims from third parties related to the services and products it provides.
A. In the event of force majeure, the parties are entitled to interrupt, dissolve, modify or cancel the agreement. Force majeure applies, among other things, if the execution of the agreement, temporarily or otherwise, is prevented by circumstances over which the parties cannot reasonably exert influence, such as illness, accidents, fire, a pandemic, epidemic or government measures, and/or act of gods.
B. The Client cannot be obliged to modify the terms of the agreement. The obligations arising from the agreement are suspended as long as the parties are unable to fulfil their obligations. When this situation arises, the parties look for a solution together. If the situation continues without an appropriate solution, both parties have the right to dissolve the agreement without cancellation. The costs incurred and hours worked up to that point will become due and payable.
C. When the Client wants to modify the terms of the agreement due to a pandemic or epidemic, but government measures do not make it impossible to continue the agreement, whether or not in an adapted form, the Photographer is entitled to charge the costs associated with the relocation
A. The Client is obliged to make complaints about quotations, invoices and/or the services and products provided to the Photographer in writing and with reasons within 5 working days after the complaint has arisen. Complaints during the Wedding
day or a shoot session must be made known immediately upon seeing a preview, so that these complaints can be rectified at the same time.
B. If a complaint is reported later, the Client no longer has an absolute right to repair, replacement or compensation.
C. Submitting a complaint does not suspend the payment obligation.
A. These general terms and conditions are governed by Dutch law.
B. The Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation. Disputes will only be settled in the district where the Photographer is located, unless a legal obligation provides otherwise.
C. Contrary to the statutory limitation periods, the limitation period for all claims and defenses against the Photographer and third parties involved is 6 months.
A. The Photographer reserves the right to amend or supplement these general terms and conditions.
B. Changes are communicated to the Client in a timely manner and in writing by the Photographer.
C. If the Client does not want to accept a proposed change, the Client can terminate the agreement until the date on which the new general terms and conditions take effect.