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ARTICLE 1 DEFINITIONS

1.1 Renate Vos Fotografie, located in Dongen, Chamber of Commerce number 69618313, is referred to as the photographer in these general terms and conditions.

1.2 The counterparty is referred to as the customer in these general terms and conditions.

1.3 The term "agreement" refers to the contract of the assignment under which the photographer performs services for the customer, and where the general terms and conditions are declared applicable.

1.4 Student: the natural or legal person who has entered into an agreement with Renate Vos to attend a workshop.

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ARTICLE 2 APPLICABILITY OF GENERAL TERMS AND CONDITIONS

2.1 These terms and conditions apply to all quotations, invoices, work, agreements, and delivery of services and products by or on behalf of the photographer to which she has declared these conditions applicable, unless expressly and in writing deviated from these conditions.

2.2 The most current version of the general terms and conditions can be found at www.renatevosfotografie.com/general-conditions. These general terms and conditions can be amended by Renate Vos Fotografie at any time.

2.3 These conditions also apply to third parties engaged by the photographer in the context of the agreement.

2.4 If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the remainder of these general terms and conditions will remain fully applicable.

 

ARTICLE 3 RATES AND PAYMENTS

3.1 The photographer is entitled to request a deposit. For a photoshoot or workshop, a reservation is only confirmed after payment of the deposit or full payment. Unless otherwise agreed, the remaining part of the payment is made in one installment. The photographer is entitled to suspend the agreement until full payment is completed. Photos or photo selections will not be delivered until full payment is received.

3.2 In the case of a photo album, design and ordering will only proceed after full payment of the invoice amount.

3.3 Invoices must be fully paid before the service takes place or the product is delivered, unless the parties have made other written agreements or a different payment term is specified on the invoice.

3.4 In the event of liquidation, bankruptcy, attachment, or suspension of payments by the customer, the photographer's claims become immediately due and any licenses already granted immediately expire.

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ARTICLE 4 EXECUTION OF THE AGREEMENT

4.1 The photographer carries out the assignment to the best of her ability and judgment. She is not liable for not achieving the result that the customer intended. The customer should be aware of the photographer's standard style. The photographer is free to apply her artistic knowledge and insight to the photo reportage.

4.2 The photographer is free to determine at her own discretion which photos are suitable to show or deliver to you. You cannot rely on photos that, according to the photographer, are not suitable to show or deliver.

4.3 The customer must make the conditions as favorable as possible for the photographer during a photoshoot.

4.4 If a specific location for the photoshoot is desired by the customer, they are responsible for arranging the location and associated costs, unless otherwise agreed.

4.5 If the photographer encounters opposition from third parties during the execution of the agreement, she cannot be held liable for reduced results as a result.

4.6 If the customer is not satisfied with the delivered photos due to the location, visible weather conditions, choice of clothing, editing, or other factors that were known beforehand, or situations falling under Article 7 of these terms and conditions, this is not a reason to redo a photoshoot free of charge.

4.7 The photographer is authorized to engage third parties in the execution of her work.

4.8 The photographer cannot guarantee that every moment will be captured.

 

ARTICLE 5 MODIFICATION AND CANCELLATION

5.1 In the event of unforeseen circumstances, the photographer has the option to interrupt, cancel, or reschedule a photoshoot. Unforeseen circumstances include, among others, illness, adverse weather conditions, and circumstances related to materials necessary for the proper execution of the agreement. The photographer shall notify the customer of any changes as soon as possible. If possible, the parties will agree on a new date. If a mutually satisfactory solution cannot be reached, any payments already made will be refunded to the customer, and the photographer will assist by suggesting available photographers within her professional network. The customer must enter into a new agreement with the replacement photographer, and it cannot be guaranteed that the same prices will be charged or that the same conditions will apply.

5.2 If the customer or participant has booked a photoshoot or workshop during sunset or sunrise and the photoshoot or workshop takes place on a cloudy day, this is not a reason to reschedule or cancel the photoshoot or workshop free of charge.

5.3 The customer may reschedule a photoshoot or workshop due to circumstances. This must be communicated to the photographer in writing at least 14 days before the photoshoot or workshop takes place.

5.4 A booked photoshoot or workshop cannot be canceled. In case of cancellation of a photoshoot or workshop after booking, a fee of 50% will be charged unless otherwise agreed.

5.5 If the customer or participant is late to the location, that time will be forfeited.

ARTIKEL 6 FORCE MAJEURE

6.1 In case of force majeure, parties are entitled to suspend or reschedule the agreement. Force majeure includes circumstances beyond the control of the parties, such as illness, accidents, fire, a pandemic, epidemic, or government measures, which temporarily or permanently prevent the execution of the agreement.

6.2 In the case of a business-to-consumer (b2c) agreement, the customer cannot be obliged to reschedule the agreement. The obligations arising from the agreement are suspended as long as the parties cannot meet their obligations. In this situation, the parties will work together to find a solution. If the situation persists without a suitable solution, both parties have the right to terminate the agreement without undoing it. Costs incurred and hours worked up to that point become due.

6.3 In the case of a business-to-business (b2b) agreement, parties are required to reschedule the work. The payment obligation remains in place unless otherwise agreed.

6.4 If the customer wants to reschedule the agreement due to a pandemic or epidemic, but government measures do not make the continuation of the agreement, whether in modified form or not, impossible, the photographer is entitled to charge the costs associated with the rescheduling.

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ARTICLE 7 LIABILITY FOR DAMAGES

7.1 Photographer shall not be liable for damages resulting from this agreement, unless the damage is intentionally caused.

7.2 Photographer shall not be liable for damages arising from reliance on incorrect or incomplete data provided by or on behalf of the client.

7.3 Photographer shall not be liable for loss, theft, or damage to personal belongings of the client or participant during an on-location photoshoot or workshop.

7.4 Photographer cannot be held liable for color discrepancies on non-calibrated screens and prints provided by anyone other than herself.

7.5 Photographer is not responsible for acts and actions, including delays, caused by third parties and suppliers, even if Photographer has made a recommendation for these third parties.

7.6 Photographer is not responsible for the weather conditions in the photo.

7.7 Photographer is not responsible for defects in the content due to causes beyond her control, as well as existing backgrounds, disruptive elements, or lighting situations that may negatively impact the images.

7.8 Photographer is also not responsible for the inaccessibility of suggestions provided by her, including the accessibility of locations or transportation.

7.9 Client is responsible for obtaining permission and paying any associated fees to shoot at a specific location.

7.10 Client remains responsible at all times for applying or executing knowledge or actions gained during an agreement.

7.11 Client is responsible for obtaining consent from all present individuals to be photographed during a photoshoot at a public location.

7.12 Client is solely responsible for backing up the digitally provided files.

7.13 In the event that damage is caused to equipment by the client during a photoshoot or workshop, the client/participant is obliged to reimburse the replacement value.

7.14 If a photographer's SD card becomes corrupted before the photos are delivered, the photoshoot can be redone free of charge. Photographer is not liable for damages in such a case.

7.15 In the event that Photographer is liable to the client for causing direct damage, the damages shall not exceed the amount charged by her, unless fairness and reasonableness determine otherwise.

7.16 Client indemnifies Photographer against all claims from third parties related to the services and products provided by her.

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ARTICLE 8 COPYRIGHT, LICENSE, AND PUBLICATION

8.1 The rights to the materials and content provided by the photographer to the client are owned by the photographer. It is expressly prohibited for the client to reproduce, make public, edit or modify the material and provided documentation, or make it available to third parties outside the granted license without prior consent.

8.2 The client is granted a publication right, concerning the previously agreed upon photos, upon full payment of the invoice amount. Photos may not be used for purposes other than previously agreed upon without purchasing an additional license.

8.3 If photos are intended for commercial use, the supplier must obtain permission from the photographer. Photos may not be submitted for competitions, unless otherwise agreed upon.

8.4 The client is not entitled to edit or crop supplied visual material. This also includes placing text over photos or using filters.

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ARTICLE 9 SPECIAL PROVISIONS

9.1 Both parties are obligated to confidentiality regarding all confidential information they have obtained in the context of their agreement. The client is referred to the privacy statement for more information.

9.2 The photographer reserves the right to cancel a part of a photoshoot or workshop in the event of sexual harassment, bullying, violence, threat, or other unwanted behavior by the client or attendees. If the photoshoot or workshop is not completed as a result, the client cannot claim a refund of the amount already paid.

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ARTICLE 10 ONLINE COURSE

10.1 Upon acceptance of the offer and the purchase of the online course, the customer incurs an immediate payment obligation, which remains in place even if the entire course is not completed or if the provided content is not utilized.

10.2 After purchase, the customer receives access to the course. The course is therefore excluded from the right of withdrawal, meaning the customer does not have the option to cancel the purchase with a refund of the purchase amount.

10.3 Access to the content is granted to the customer only after payment of the agreed amount.

10.4 The photographer has the right to adjust the fees when re-offering a course. Additionally, the photographer has the right to adjust the price leading up to a course for promotional purposes.

10.5 The photographer executes the agreement to the best of her ability. However, she is not responsible for the failure to achieve the result intended by the customer with the purchase. The customer remains solely responsible for applying or executing knowledge or actions gained during a course.

10.6 As the course is conducted using a platform/website/hosting of a third party, the photographer cannot guarantee that the course will be available at all times and in all locations.

10.7 The photographer reserves the right to refuse participation at any time.

10.8 The photographer is entitled to expand, limit, or modify the content of a course.

10.9 The customer obtains a limited and personal right to use the content of the course for personal purposes. The course is intended to inspire, not to copy. The customer may share portions of the content on social media to a limited extent, provided that the material is credited to the photographer.

10.10 The information provided during the course remains the property of the photographer during the course's duration. The customer is responsible for viewing the material in a timely manner, as the photographer will indicate when the content will no longer be available.

10.11 The photographer reserves the right to exclude customers from further participation, and if necessary, future participation, if their behavior obstructs or complicates the course. Exclusion does not relieve the obligation to pay for the relevant content.

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ARTICLE 11 DELIVERY

11.1 The photographer endeavors to deliver the desired photos as soon as possible. The estimated delivery period agreed upon by the parties should be taken into account. However, no rights can be derived from this estimate.

11.2 The photographer creates and edits photos at her own discretion. Selected photos are edited according to normal standards. The customer declares to be familiar with the photographer's style. Additional requests from the customer incur additional work and will be invoiced accordingly.

11.3 Photos are sent in high resolution. Upon receipt of the photos, the customer is responsible for creating a backup.

11.4 If desired, the customer can also purchase an album or prints. The shipping address for photo products is the address provided by the customer. The photographer is not liable for errors in providing this delivery information.

11.5 The photographer is not obliged to provide non-selected and/or unedited (RAW) photo material.

11.5 Photo prints are included in the mentioned photo packages. Photos printed at 20cm x 30cm are chosen by the photographer.

11.6 Photo products are fragile. Therefore, it is preferred that you pick up your order from the photographer. If you choose to have the order shipped by post, the order is at your risk from the moment of shipment.

 

ARTICLE 12 PHOTO ALBUMS

12.1 It is not possible to exchange and/or return purchased physical photo products ordered from the photographer. The products are custom-made. The customer expressly agrees to waive the right to use the cooling-off period and the right to revoke the agreement.

12.2 The warranty provisions of the manufacturer apply to photo albums.

12.3 A mini album is included in the mentioned photo packages and is entirely composed at the discretion of the photographer.

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ARTICLE 13 GIFT VOUCHERS

13.1 You can purchase a gift voucher from the photographer. The gift voucher is a voucher for an amount determined by you.

13.2 The gift voucher cannot be returned and cannot be exchanged for cash.

13.3 You may give or sell a gift voucher to another person. However, the validity date remains on the original date of issue.

13.4 A gift voucher is valid for 2 years after issuance by the photographer, after a period of 6 months, the current prices for a photoshoot or additional orders apply, and it is possible that your gift voucher or additional order has become more expensive.

13.5 You can use the gift voucher for a photoshoot, workshops, online courses, products, or additional orders.

13.6 The value of the gift voucher is deducted as a discount from the total amount of the order.

13.7 A gift voucher can only be used once for the full value. You will not receive money or credit back if your order has a lower value than the value of the gift voucher.

13.8 If you have more than 1 gift voucher, you may combine them when placing your order.

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ARTICLE 14 COMPLAINTS

14.1 The customer is obliged to report complaints about invoices and/or the delivered services and products in writing and motivated within 5 working days after the complaint arises to the photographer. Complaints during a photoshoot or workshop must be reported immediately upon preview, so that these complaints can be addressed at that time.

14.2 If a defect is reported later, the customer no longer has an absolute right to repair, replacement, or compensation.

14.3 Filing a complaint does not suspend the payment obligation.

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ARTICLE 15 DISPUTE RESOLUTION

15.1 Dutch law applies to these general terms and conditions.

15.2 Parties will only appeal to the court after they have made every effort to settle a dispute amicably. Disputes will only be settled in the district where the photographer is established, unless a legal obligation determines otherwise.

15.3 In deviation from the statutory limitation periods, the limitation period for all claims and defenses against the photographer and involved third parties is 12 months.

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