ARTICLE 1: PURPOSE
The PHOTOGRAPHER offers photo services for the private and public sector. The services are described on its website.
ARTICLE 2: ORDER
Unless otherwise stated in writing, the PHOTOGRAPHER's quote is valid for one month from the date of issue. The quotations, studies and offers remain the property of the PHOTOGRAPHER. Under no circumstances may they be reproduced, copied or performed without his prior written consent. Booking a photo service can only be made by telephone or email (with the contact information provided on the PHOTOGRAPHER's website) or via the customer interface on the fotostudio.io platform. Reserving a session is equivalent to passing on an order by the CUSTOMER. It includes the unconditional acceptance of these contract clauses, with the exception of any special conditions that the PHOTOGRAPHER may have agreed with the CUSTOMER. All documents other than this agreement, such as catalogues, prospectuses, publicity, manuals, ... have only an informative and indicative value, but have no contractual value.
Orders are only valid after signing this contract (online via the fotostudio.io platform or signed and returned to the PHOTOGRAPHER by e-mail) and after receipt of the deposit.
If the PHOTOGRAPHER has not received the advance payment and/or the contract signed by the CLIENT within seven days after the PHOTOGRAPHER has sent this contract, the PHOTOGRAPHER does not undertake to perform the service or to fix the date requested by the CUSTOMER to make.
ARTICLE 3: PRICE AND PAYMENT
- For the photo report described in article 1, the price of the PHOTOGRAPHER is including VAT.
- Travel or overnight costs may be charged. In that case, these are included in the quotation and in the above price calculation.
- Photos are not edited again after editing at the request of the customer.
- A deposit of 30% is requested to confirm an order. This can be paid by bank transfer or online.
- The balance will be paid in cash by the CUSTOMER on the day of the shoot if this has not yet been paid via online banking. If the balance is not paid, the PHOTOGRAPHER may decide not to comply with the photo report or the delivery of the photos. Or he can with full right regard the contract as invalid and this in accordance with article 9, without prejudice to the compensation by the CUSTOMER for the damage or loss suffered. The final delivery of the photos will only take place when the order has been paid in full.
- All invoices that are not disputed by registered letter at the latest fourteen calendar days after the date of dispatch are considered to be fully accepted.
- In the event that an invoice has not been paid by the due date, this is followed by full right and without notice of default: the immediate collectability of all other invoices issued but not yet due, the liability of late interest to the value of 10% per year and the liability of compensation and a fixed and irreducible compensation for administrative costs. The latter amounts to:
- up to €4000: 10% of the unpaid principal amount
- from €4000 to €12.500: 7.5% of the unpaid principal amount
- from €12,500 to €25,000: 5% of the unpaid principal amount
If the CUSTOMER still does not pay after that, the PHOTOGRAPHER may terminate this contract and all other agreements concluded with the CUSTOMER. This is done at the expense and detriment of the CUSTOMER, who - in addition to the fines described above - must also compensate all damage suffered by the PHOTOGRAPHER as a result of this dissolution.
If the PHOTOGRAPHER does not fulfill his obligations, the CUSTOMER-consumer can claim the same compensation and interests as determined above from the PHOTOGRAPHER himself.
ARTICLE 4: PERFORMANCE OF THE SERVICE
- The photos are taken by the PHOTOGRAPHER or - in case of force majeure, as provided for in article 10 - by another PHOTOGRAPHER appointed in agreement with the CUSTOMER.
- The PHOTOGRAPHER is not bound by an obligation of result. He makes every effort to provide quality photographs, according to the purpose set out in Article 1 and according to his own artistic judgment. Consequently, the photos cannot be rejected on the basis of the CUSTOMER's taste.
- A request from the CLIENT to adapt the photo service will only be considered if the request is sent to the PHOTOGRAPHER by SMS. In addition, this must be done at least seven days before the scheduled date of the shoot and the PHOTOGRAPHER must confirm that change in writing.
- The hour at which the shoot is recorded is binding. Any delay by the CLIENT may be deducted from the time agreed for the session. If the CUSTOMER exceeds thirty minutes delay, the session is canceled. The advance is non-refundable.
- The CUSTOMER declares that he is of age, that he poses freely for the photos, and possibly also that he allows recordings of his children in the photographic style they wish.
- The PHOTOGRAPHER must not be disturbed by amateur photographers during his work. The children attending the photo sessions remain under the full responsibility of their parents.
- If the CUSTOMER, the child, or any other person present in the studio causes material damage, this must be reimbursed in full to the PHOTOGRAPHER.
ARTICLE 5: POST PROCESSING
The PHOTOGRAPHER never delivers unedited photos. Like the recordings, the post-processing is the property of the PHOTOGRAPHER. It is an integral part of his work, his style and his artistic world. The PHOTOGRAPHER is the only one who decides how and which post-processing he will apply. Only photos edited by the PHOTOGRAPHER may be used by both parties. Any additional processing subsequently requested by the CUSTOMER will be accepted or not by the PHOTOGRAPHER. He may invoice this extra work according to the price stated in Article 1.
ARTICLE 6: DELIVERY
The PHOTOGRAPHER makes every effort to deliver the photos as quickly as possible (maximum within two months). The selected and updated photos are sent to the CUSTOMER via a download link or via a password-protected private gallery. Digital files are sent in jpeg format. The other files are the property of the PHOTOGRAPHER and are in no case given to the CUSTOMER. As soon as they are delivered to the CUSTOMER, the storage and archiving of the photos is the sole responsibility of the CUSTOMER. They are asked to store them on a variety of media.
ARTICLE 7: TERMS
The terms in the quotations and in this contract are only indicative and are always fixed on working days. Delays do not give any right to compensation or interest and are not a reason for the CUSTOMER to cancel the contract. If a deadline is binding, this must be clearly stated when the contract is concluded. In that case, if the delivery of the photos is delayed and only after sending a registered letter that has gone unanswered for two weeks, the CUSTOMER can claim compensation. However, it cannot exceed 10% of the total price of the order. In order to obtain this compensation, the CUSTOMER must prove that the transfer of the time limit has caused him damage. Even in that case, the following circumstances exempt the PHOTOGRAPHER from the binding deadlines: cases of force majeure (see article 10), if the payment conditions are not met or if the CUSTOMER has made changes during the execution of the order.
ARTICLE 8: EXEMPTION FROM LIABILITY
- In the event of unfavorable weather conditions such as thunderstorms, storms, heavy rainfall, ... the PHOTOGRAPHER cannot be held responsible for not carrying out or partially performing outdoor photo shoots, as originally provided for in the order and in Article 1. Nothing will be refunded but the session can be moved to a later date by mutual agreement.
- In the event of technical problems with the photographic material or in the event of an accident or incident during the shoot that prevents the PHOTOGRAPHER from continuing the requested work, the full amount will be refunded. However, no compensation or interest is paid in this case.
- If the photos are lost or damaged before delivery (burglary, fire, ...), the CUSTOMER cannot claim a refund of the service.
- If the digital files transferred to the CUSTOMER are lost or damaged, the PHOTOGRAPHER bears no responsibility. The files will remain available for three months after delivery and can be forwarded again if necessary within that period.
ARTICLE 9: UNLAWFUL TERMINATION
If the CUSTOMER does not comply with his obligations, the PHOTOGRAPHER may demand the forced execution of the contract. Or, after a notice of default that remains unanswered for thirty days, he can with full right regard the contract as terminated and demand full reimbursement of the damage incurred.
If the CUSTOMER cancels the photo service after the withdrawal period, the contract will be terminated to the fullest extent and to the detriment of the CUSTOMER. The latter must pay compensation amounting to at least 30% of the total amount of the order (advance), except in case of force majeure for the customer.
The CUSTOMER consumer has the same rights with regard to the PHOTOGRAPHER and the same conditions apply.
ARTICLE 10: FORCE MAJEURE
Any event beyond the PHOTOGRAPHER's control (illness, accident, death of a family member, ...) and any case of force majeure (strike, lock-out, war, riots, ...) the contract under the originally foreseen circumstances, release the PHOTOGRAPHER from any responsibility for delays. They give him the right to postpone a photo service or to terminate the contract without compensation by registered letter.
The CUSTOMER-consumer has the same right, subject to the same conditions.
In that case, the PHOTOGRAPHER will make every effort to postpone the session to a later date by mutual agreement with the CUSTOMER. If it concerns a photo shoot for a wedding, the PHOTOGRAPHER can look for another photographer who can take over the service.
If the photo report is not postponed due to force majeure at the PHOTOGRAPHER but is cancelled, the CUSTOMER will be refunded the full amount already paid as soon as possible.
ARTICLE 11: INTELLECTUAL PROPERTY
The photos taken by the PHOTOGRAPHER during a session with the CUSTOMER are protected by copyright. In return for the price paid under Article 1, the PHOTOGRAPHER passes on to the CUSTOMER his copyright-related property rights in the photographs he has made to order: printing and reproduction rights of the photographs for private purposes throughout the world and for the entire duration of the copyright.
Any other use of the photos must be subject to prior written agreement with the PHOTOGRAPHER. The CUSTOMER may not sell the photos of his session, unless this has been previously authorized in writing by the PHOTOGRAPHER.
Even after the delivery of the digital files, the photos remain the intellectual property of the PHOTOGRAPHER and are not free of rights. When the CUSTOMER publishes a photo for personal use (on the Internet, an exhibition, ...) he must mention the name of the PHOTOGRAPHER. Also, the CUSTOMER may not modify or edit the photos without the prior written consent of the PHOTOGRAPHER.
ARTICLE 12: PORTRAIT RIGHT
The PHOTOGRAPHER reserves the right to use the photos he has taken to promote his activity (website, social networks, exhibitions, ...). By signing this contract, the CUSTOMER agrees.
Even if the CUSTOMER specifically refuses this in writing, he cannot refuse that the PHOTOGRAPHER uses photos on which he is unrecognizable or which he, the CUSTOMER, himself has published on the Internet or social networks.
ARTICLE 13: PERSONAL DATA
The PHOTOGRAPHER processes the personal and contact details he receives from the customer. This processing is used for the implementation of this agreement, the management of the customer base and the follow-up of the reservations. This is done with a view to the proper realization of the ordered photo shoot and to keep correct accounting. The legal bases for this are the performance of the contract and compliance with legal and regulatory obligations. The data controller is the PHOTOGRAPHER, {photographer_details}
The above-mentioned personal data are processed in accordance with the provisions of the GDPR. They are only passed on to the customers and/or third parties if this is necessary in the context of the above-mentioned purposes of the processing. The CUSTOMER is responsible for ensuring that the personal data he transmits to the PHOTOGRAPHER is correct and up-to-date.
The CUSTOMER confirms that he has been appropriately informed about the processing of his personal data, about his right of access, rectification and objection and about his right to be forgotten. According to Article 7 §3 of the GDPR, the persons concerned have the right to withdraw their consent at any time. In that case, the PHOTOGRAPHER will no longer process that data. The withdrawal of that consent does not affect the lawfulness of the processing carried out with consent until the withdrawal.
ARTICLE 14: RIGHT OF WITHDRAWAL
- The CUSTOMER consumer has the right to withdraw the order remotely without reason. This must be done within fourteen days of the conclusion of this contract, unless the photo shoot has already been completed in full and with the express prior consent of the CLIENT-consumer. The latter has acknowledged that he loses his right of withdrawal once the PHOTOGRAPHER has fully performed the contract.
- To exercise the right of withdrawal, the CUSTOMER must inform the PHOTOGRAPHER of his decision to withdraw from this contract. This is done with a clear and unambiguous statement (for example by letter or email). In order to respect the withdrawal period, it is sufficient that the CUSTOMER informs the PHOTOGRAPHER before the end of the withdrawal period that he wishes to exercise his right of withdrawal.
- The PHOTOGRAPHER will reimburse the CUSTOMER for the advance, no later than fourteen days after the PHOTOGRAPHER has been informed of the decision to withdraw from the contract. He does this via the same payment method that was used for the original transaction.
ARTICLE 15: FINAL PROVISIONS
- For the purposes of this contract, the following is considered a CUSTOMER consumer: any natural person whose actions are not related to his commercial, industrial, craft or independent activity;
- The validity of this agreement is not affected by the nullity of any of the above decisions. In that case, both parties will contact each other again to replace the void clause with a valid clause.
- This agreement has been drawn up in accordance with the law of the country where the PHOTOGRAPHER is established or, for the CLIENT consumer, in the country where he resides.
- Should legal proceedings arise from the execution or interpretation of the contract, the competent courts will be those in which the PHOTOGRAPHER is established or, for the CUSTOMER-consumer, where he resides.
Michelle Vanherck
Lage Darisdonk 36
2360 Oud-Turnhout
BE07 13 63 77 10
info@michellevanherck.com
+32 474 46 80 92