TERMS AND CONDITIONS BOOTO PHOTOGRAPHY
These Terms and Conditions are also included with every quote.
Article 1. Definitions
In these terms and conditions shall apply:
- Offer: all offers of photographer to (legal) persons which aims to enter into a contract.
- Contract: the contract between photographer and client.
- Assignment: the service or product that will be delivered by photographer.
- Photographer: Booto Photography (Jorik Boot) Dutch Chamber of Commerce 64642305, also user of these terms and conditions and contractor.
- Client: the (legal) person or persons with whom photographer has signed the agreement, also the Acceptor of these terms and conditions.
- Cancel: termination or rescission of the contract.
- Writing: electronic communications such as e-mail, provided the identity of the sender and the authenticity of the communication can sufficiently be established. The burden of receiving electronic communications is at all times for the client.
- Use: reproduction and / or publication within the meaning of the Dutch Copyright Act 1912
- AW: Dutch Copyright Act 1912
Article 2. Application
- These Terms of Services apply to all legal relationships between photographer and client, and to all quotations, offers and agreements.
- Provisions or conditions imposed by the client that deviate from or are not included in these general conditions are only binding if and to the extent explicitly accepted in writing by the photographer.
Article 3. Offer
- Photographer makes an offer in the form of a quotation or price list.
- Unless otherwise agreed, the offer expires 14 days after the send date by photographer.
- Prices quoted may be subject to changes in offers and bids by (unforeseen) changes in the work or increase in prices of raw materials / suppliers / government (VAT). In this case the photographer will notify the client as soon as possible.
Article 4. Acceptance of the contract
- Client must accept the offer explicitly and in writing. If the client fails to do so but consents, or at least gives the impression that photographer performs work under the conditions of the contract, the offer shall be deemed accepted.
- Photographer reserves the right to refuse an assignment if new information becomes available after acceptance which makes the assignment unacceptable to the photographer.
- After acceptance, the agreement may be amended only by mutual consent. Photographer is then entitled to adjust the price payable for the contract.
- Client chooses a particular photographer because the style of the photographer appeals to him / her; the photographer is free to apply his artistic knowledge and understanding into the assignment.
- From each photo shoot a selection of photos is made. The photographer will make a selection based on the best insight into his pictures, so that the style of the photographer is remained. The photo shoot is complete only after the photographer has made this selection. The photographer is free to assess at his own discretion which pictures are and which photos are not suitable to show you. You can not receive pictures that are not deemed suitable, according to the photographer, to be shown. Based on the expertise of photographer and in accordance with his / her style, images are delivered in color or monochrome.
Article 5. Bookings
- A photo shoot booking may be done: using the form on the website or by e-mail.
- Unless otherwise agreed, any travel and parking costs by photographer are not included into the price of a photo shoot and must be paid separately.
- The offer is not binding unless expressly stated otherwise. Photographer is entitled to 10 days after the receipt of the acceptance of his offer to withdraw his offer. The offer does not oblige the photographer to deliver part of the assignment for a proportionate price.
- Booking of a photo shoot is not optional. Once an appointment is made for a shoot, cancellation may only be done upto 7 days before the photoshoot. In case of cancellation of an order by the client within 7 days before the photoshoot, for whatever reason, the photographer is entitled to 30% of the quotation c.q. invoice amount. (Partial) reimbursement will only occur if a new photoshoot is booked.
- The weather is an unstable factor. With clouds and sunshine photos can be made. However, not in (hard) rain, because of the equipment. Therefore the photographer decides, whether a report will or will not proceed. When not continued the event is moved to a to be determined in consultation, alternative date.
- During the photoshoot should it turn out that by some reason no suitable pictures can be taken, the photo shoot is canceled and there is 50% of the total for the reserved time to be paid. Any travel expenses must be paid 100%. The decision that no appropriate photos can be made may only be decided during the photo session. This is no longer possible after the session, the selection and / or processing of the images, because of the invested hours of photographer.
- In exceptional cases, it may be chosen to do a free photo session. (only when the photographer indicates this). The responsibility of the decision to accept or decline this second chance lies with the client. If the second photo shoot again, for whatever reason, does not lead to appropriate results no refunds will be paid the remaining amount of the shoot; because of the double-reservations and double time investment.
- The photos were made for you personally, therefore, return of money and / or credit is not possible under any circumstances.
Article 6. Execution of the order
- Photographer will carry out orders to the best of his ability, in accordance with the requirements of good craftsmanship and style in which the photographer usually works.
- Photographer will act to the best of his abilities in the given and existing conditions during the shoot and / or report. The client is required to create the most favorable conditions possible for the photographer and, where necessary, takes measures including, but not limited to instructing others present.
- Photographer delivers the pictures in his usual style, in which a global image optimization is applied including light, color, contrast and cropping. The photographer will do some retouching to eliminate or reduce existing elements in the photo, including but not limited to elimination or reduction of harmful elements in the environment and elements of temporary nature. Work outside of this scope is only done after consultation with the photographer and may incur additional charges.
- Client is obliged to practice and prevent all that is reasonably necessary or desirable to permit a timely and proper execution of the contract.
Article 7. Design
- Photo albums are designed at the discretion, skill and style of the photographer.
- The first draft of an album will be submitted digitally within 4 weeks after the picture selection is made.
- After receiving the images the client has up to 4 weeks to make a selection of photographs for the book and send this to the photographer. After this period, the photographer will make his own selection.
- The client gets one occasion to make design changes. A greater number of changes and / or modifications at a later date, is only possible with payment.
- Two weeks after the requested changes the photographer offers a new design to the client.
- Photographer will not print the photo albums before the clienct has approved the design and has paid the invoice.
- Once the design has been initiated or has been completed, the order for the photo album can no longer be cancelled.
Article 8. Delivery
- Photographer uses, unless otherwise agreed, only estimated delivery times.
- Online presentation of photo shoots have an estimated delivery time of 14 days, unless otherwise agreed.
- Online presentation of weddings have an estimated delivery time of 6 weeks, unless otherwise agreed.
- The online presentation will continue for two weeks free of charge. This period may be extended for an additional fee.
- During the period in which the online presentation is available for the client the possibility exists to order products via the online gallery or photographer. Orders must be paid in advance. Only after receipt of payment products will be manufactured by photographer, or ordered from its suppliers.
- From the time pictures of a regular photo shoot are available online, the client has one chance to indicate within 14 days what photos he / she wants to receive in monochrome or color (only if the image files permit; to the photographers discretion).
- Photo albums are, unless otherwise agreed, delivered within 8 weeks after approval of the final design. Delivery time may depend on the material chosen.
- Photographer will make advance notification of products with a longer delivery time. The estimated delivery of these products is communicated to the customer by email.
- Delivery is not earlier than the payment for the service, files or product is received.
- Delivery shall be made, unless otherwise agreed, by regular mail. Except for wedding albums: they must be picked up in person. It is possible to insure shipments and to provide track & trace, any additional costs are on behalf of the clients.
- Large amounts of digital files are delivered by email through ‘WeTransfer. (http://www.wetransfer.com)
Article 9. Compensation
- If no payment has been agreed by the parties beforehand, the photographers usual rates apply.
- If regular compensation is not possible, photographer charges a fair and reasonable remuneration for the delivery.
- If it is plausible that a photographer has incurred higher costs and / or made more work, which were reasonably necessary, the photographer will pass this on to the client.
- The final compensation will be based on the basis of work performed and costs incurred on the basis of actual costs in accordance with the agreed hourly rate and other commonly used prices.
- All amounts mentioned by photographer include VAT, unless otherwise agreed.
Article 10. Payment Terms
- Photographer will, send the client an (electronic) invoice with the owed amount, unless otherwise agreed.
- To be paid a final reserve spot in the agenda of the photographer 30% of the total amount of the invoice should be paid immediately after booking. The remaining 70% should be paid within 1 day after the photoshoot.
- For weddings an amount of € 250, – reserves a spot in the agenda of the photographer; the remainder must be paid no later than one week before the marriage on bank account of photographer.
- The fees charged may never be recoverd.
Article 11. Cancellation and suspension
- If an invoice is not paid to the photographer in time the photographer may suspend its activities on behalf of the client, after informing him / her, until the amount of the invoice is paid.
- If the client fails to provide information necessary for the performance of the contract or fails (in time) to be present, while this is necessary for the performance of the contract, it is the photographer’s right to suspend or terminate the agreement.
- Suspension or termination of the agreement always has to be in writing.
- Upon termination of the contract by the customer within 7 days before the photoshoot / reportage the photographer takes 30% of the agreed total price charged.
- In case of severe conditions making it impossible for the photographer to execute the contract himself on the agreed date, photographer will propose a replacement photographer, or if possible, agree on a new date.
- If due to legitimate circumstances, including but not limited to disease and extreme weather conditions, it is impossible to perform the contract on the agreed date, a new date will be picked no more than three times.
- Obligation also applies if the client does not wish to make use of the services or products manufactured under the agreement.
- If an invoice is not paid within the agreed timeframe legal interest will be charged by the photographer.
Article 12. Complaints
- Complaints about the execution of the agreement and / or objections to a bill must be submitted in writing to the photographer within 7 days of receipt of the image files.
- Complaints after the period referred to in paragraph 1 shall not be considered.
- Complaints or objections do not suspend the payment obligation.
Article 13. Copyright
- Each agreement also holds the license described in this article with respect to the photographic work of photographer, unless otherwise agreed.
- The copyright and other intellectual property rights of all under the contract developed work rests with photographer, unless otherwise agreed.
- Photographer reserves the right to use the work for its own promotional purposes and publications, including but not limited to, website and blog, portfolio, ads, social media, magazine articles, printed matter, games, exhibition and demonstration material.
- Client is not entitled to reproduce or publish the work outside of domestic sphere, unless otherwise agreed.
- Client is explicitly not entitled to use the photographs for business or commercial purposes, at least for other purposes outside the domestic sphere, to use or trade without the prior permission of the photographer.
- Client is, unless otherwise agreed, not entitled to grant sub-licenses to third parties or to transfer its own license.
- Client must obtain written permission before sending in a photo for the purpose of competitions and publications by third parties.
- Client must respect the moral rights of the photographer, including the requirement of attribution, as stated in Article 25 Aw.
- Digital or analog editing or modifying of the delivered work is never allowed.
- Any use of a work of the photographer that has not been agreed, is considered an infringement of the copyright of the photographer.
- In the case of any infringement of copyright and / or moral rights of the photographer, the photographer may charge three times the usual fee for similar works as compensation for the damages suffered.
- Paid damages gives no right to further use of the work of the photographer.
Article 14. Portrait Rights
- Photographer reserves the right to use the work for its own promotional purposes and publications, including but not limited to, website and blog, portfolio, ads, social media, magazine articles, printed matter, games, exhibition and demonstration material, unless otherwise agreed.
- Photographer reserves the right to license the work to third parties for promotion.
- Objection to publication of images should be done prior to the agreement with photographer, to be notified in writing. Photographer has the right to charge an extra fee.
- Deviating agreements are recorded in writing.
Article 15. Liability
- Photographer is not liable for any damage caused to the client, unless there is intent or gross negligence on the part of the photographer or his representatives.
- Photographer is not liable for color differences on non-calibrated displays and / or prints that are not supplied by the photographer.
- The liability is limited to the amount of the quotation or invoice amount.
- It is by no means possible to lay (damage) claims to the photographer, in any sense whatsoever.
- During the photoshoot the client is fully responsible and liable for himself and his belongings. Damage to the client, his property and to others in the broadest sense of the word can not in any way be recovered from the photographer.
- Participation in a photo shoot and / or workshop is entirely at your own risk.
- When photographer in case of illness or other force majeure is not in a position to perform the contract, the photographer can not be held liable. Photographer will do its best to propose a replacement. The contract can be terminated without compensation.
- In case of theft or sudden (unexpected) technical failure of equipment during the execution of the contract (which includes the loss or failure of computers, camera (s), memory cards or accident) the order will, as far as is possible given the on that time arisen situation be executed or edited at best ability.ecuted or edited. Client can not lay blame to the supplier for such unforeseeable circumstances, nor ask nor demand reimbursement or compensation.
Article 16. Amendments to these terms and conditions
- Photographer has the right to amend or change these therms and conditions.
- Changes are communicated to the client in fair time and in writing.
- If the client does not want to accept a proposed change, he may terminate until the date on which the new terms and conditions effect the agreement.
Article 17. Other provisions
- If any provision of the agreement and / or the terms and conditions is found to be void or voidable, the other provisions and the Agreement will remain intact.
- Dutch law is applicable to all legal relationships between Booto Photography and client.