Terms and Conditions
Photography by Jessica Teeuw of Studio Grøn. Chamber of Commerce (KvK) number: 86801546.
Article 1 - Definitions
In these general terms and conditions, the following definitions apply:
1.1 Quotation: all offers, price quotations from the photographer to individuals with whom an agreement is intended to be concluded.
1.2 Agreement: the agreement for the assignment between Jessica Teeuw (hereinafter: photographer) and the person or persons with whom the agreement is concluded (hereinafter: client).
1.3 Assignment: the service or product to be provided by the photographer.
1.4 Photographer: Jessica Teeuw, photographer of Studio Grøn, also the user of these general terms and conditions and the contractor.
1.5 Client: the person or persons with whom the photographer has concluded the agreement, also the acceptor of these general terms and conditions.
1.6 Cancel: termination or dissolution of the agreement.
1.7 Written: where in these general terms and conditions it is mentioned as ‘written’, it also means electronic communication such as email, provided the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof regarding the receipt of electronic communication lies at all times with the client.
1.8 Execution date: the date of the day on which the photography takes place.
1.9 Use: reproduction and/or disclosure within the meaning of the Copyright Act 1912.
Article 2 - Application
2.1 These general terms and conditions apply to all legal relationships between the photographer and the client, as well as to all offers and agreements.
2.2 Provisions or conditions stipulated by the client that deviate from or do not appear in these general terms and conditions are only binding on the photographer if and to the extent that they have been accepted in writing by the photographer.
2.3 Agreements that are not general terms and conditions, including but not limited to agreements on prices or hours of photography, are made in writing, by email.
2.4 The general terms and conditions of the client are expressly rejected.
Article 3 - Offer
3.1 The photographer makes an offer in the form of a price list on her website, with packages from which the client can choose or a customized quotation.
3.2 Acceptance of the offer is done in writing, either by email, or by returning the signed contract or signed quotation.
3.3 Unless otherwise agreed, the offer loses its validity after 3 months.
3.4 Price quotations may undergo changes due to, among other things, (unforeseen) changes in the work or price increases in material or travel costs. The photographer will inform the client of this as soon as possible.
Article 4 - Acceptance of the assignment
4.1 The client must explicitly and in writing accept the offer. If the client fails to do so but still agrees or at least gives the impression that the photographer is performing work under the agreement, the offer is considered accepted.
4.2 After accepting the agreement, the client will receive an invoice for a deposit based on the agreed amount.
4.3 The photographer reserves the right to refuse an assignment if new information becomes available after acceptance that makes execution unacceptable for the photographer.
4.4 After acceptance, the agreement can only be changed with mutual consent. In that case, the photographer is entitled to adjust the fee due for the agreement.
Article 5 - Execution of the assignment
5.1 The photographer will execute the assignment to the best of her insight and ability and in accordance with the requirements of good craftsmanship.
5.2 The photographer will make every effort and act to the best of her ability in the given and existing circumstances during the execution of the assignment. The client undertakes to make the circumstances as favorable as possible for the photographer and, if necessary, to take measures, including but not limited to instructing other attendees.
5.3 The client will, in consultation with the photographer, provide a suitable location. If special permission or an additional fee is required for photographing at the location desired by the client, these will be at the client’s expense. The client contacts the relevant location in order to book the location.
5.4 The client is obligated to do and refrain from everything that is reasonably necessary and desirable to enable a timely and correct execution of the assignment. If the client fails to fulfill its responsibilities, the photographer reserves the right to suspend the execution of the assignment or terminate the agreement.
5.5 Unless there is force majeure, in case of unforeseen circumstances on the photographer’s side, making her unable to personally fulfill the agreement, the photographer will, as reasonably possible, arrange for a replacement photographer.
Article 6 - Editing
6.1 The client acknowledges that photography and image editing are subjective forms of art, and that the photographer’s editing style represents an artistic choice. The photographer will make efforts to edit the images in accordance with the agreed style, but no guarantee can be given that the client’s personal preference will be fully reflected.
6.2 The client can view sample material on studiogron.nl beforehand to get a general idea of the photographer’s editing style. Any changes or specific editing requests must be communicated in writing before the start of the photography session and approved by both parties.
6.3 If the client is not satisfied with the editing of the images, he/she must immediately notify the photographer. The photographer will make reasonable efforts to accommodate reasonable adjustment requests, provided these requests fall within the originally agreed style. Otherwise, additional editing time will be charged to the client.
Article 7 - Delivery
7.1 Unless otherwise agreed, the photographer uses only estimated delivery times.
7.2 The photographer delivers photo files, after payment, approximately 2 weeks after the shoot.
7.3 The photo files are delivered in a mix of color and black and white, at the discretion and choice of the photographer, unless otherwise agreed.
Article 8 - Compensation
8.1 If the parties have not agreed on compensation, the photographer’s usual fee applies.
8.2 If a usual fee cannot be mentioned, the photographer charges a fair and reasonable fee for the services provided.
8.3 If the agreement is changed or supplemented, the photographer is entitled to adjust and increase the price accordingly.
8.4 If it is plausible that the photographer has incurred higher costs and/or has performed additional work that was reasonably necessary, the photographer will pass this on to the client.
8.5 All amounts mentioned by the photographer are exclusive of VAT, unless otherwise agreed.
Article 9 - Payment Terms
9.1 The photographer will send an (electronic) invoice to the client for the amount due, unless otherwise agreed. 9.2 Unless otherwise agreed, the payment term is 14 days after the invoice date. 9.3 The payment obligation also applies if the client does not wish to use the work or products produced or to be produced under the agreement. In such a case, the client has no right to a discount or refund.
Article 10 - Cancellation and Suspension
10.1 If the client does not pay the invoice within the payment term, the photographer may, after notifying the client, suspend all work for the assignment until the amount of the invoice is paid.
10.2 Suspension or termination of the agreement is done in writing.
10.3 In the event of cancellation of the agreement by the client, the photographer will charge the deposit.
10.4 If the client cancels 3 to 1 month in advance, the photographer will charge 50% of the costs.
10.5 If the client cancels 1 month to 2 weeks in advance, the photographer will charge 85% of the costs.
10.6 If the client cancels less than 2 weeks in advance, the photographer will charge 100% of the costs.
Article 11 - Copyright
11.1 Each agreement includes the license described in this article regarding the photographic work of the photographer, unless otherwise agreed.
11.2 The copyright as well as other intellectual property rights in all works developed or made available in the context of this agreement belong to the photographer.
11.3 The photographer reserves the right to use the photos for her own promotional purposes, including but not limited to her own website, social media updates on her own social media channels, promotional printed materials such as flyers and posters, submission and participation in contests, publication in (online) magazines and newspapers, and delivery to third parties, including selling the works.
11.4 The client obtains a non-exclusive license from the photographer for an indefinite period to reproduce and crop the works, but not to edit them, for personal use and to disclose within the household and on their own social media channels, to provide to third parties for publication in a (online) magazine or newspaper, for submission to contests, and to other third parties such as suppliers, in all cases with the name of the photographer to be mentioned. When disclosing the photos on their own social media channels, the photographer’s account must be mentioned.
11.5 The photographer only delivers edited photo files and never delivers unedited or RAW files of the photos. The photographer also does not provide access to unreleased works.
Article 12 - Liability
12.1 The photographer is not liable for any damage incurred by the client, unless there is intent or gross negligence on the part of the photographer or her representatives.
12.2 The photographer is not liable for color deviations on non-calibrated screens or prints not supplied by the photographer, nor is the photographer liable for the absence of photos.
12.3 The photographer is not liable for the loss of files delivered to the client.
12.4 The liability never exceeds the amount covered by the liability insurance.
Article 13 - Changes to these General Terms and Conditions
13.1 The photographer reserves the right to change or supplement these general terms and conditions.
13.2 Changes will be communicated to the client in a timely and written manner by the photographer.
13.3 If the client does not want to accept a proposed change, he can terminate the agreement until the date on which the new general terms and conditions come into effect.
Article 14 - Choice of Law and Forum
14.1 If a provision of the agreement and/or the general terms and conditions is found to be invalid or unenforceable, the remaining provisions and the agreement remain in force.
14.2 Dutch law applies to all legal relationships between the photographer and the client.
14.3 Disputes will be submitted to the competent court in the district where the client has his place of residence.
14.4 The client is advised to regularly consult the photographer’s website for the most recent version of the general terms and conditions.