General Terms and Conditions
January 2022 Kiki van Dam Photography
Chamber of Commerce (KvK) Registration Number: 75345889
Address: HAMLAAN 4 3451 RG
Article 1. Definitions
In these general terms and conditions, the following definitions apply:
Quotation (Offer): All offers made by the photographer to (legal) persons with the intention of entering into an agreement.
Agreement: The agreement for services or products between Kiki van Dam Photography (hereinafter referred to as "photographer") and the person or persons with whom the agreement is concluded (hereinafter referred to as "client").
Assignment: The service or product to be provided by the photographer.
Photographer: Kiki van Dam - Kiki van Dam Photography, also the user of these general terms and conditions and the service provider.
Client: The (legal) person or persons with whom the photographer has entered into the agreement, also the acceptor/acceptors of these general terms and conditions.
Cancellation: Termination or dissolution of the agreement.
Written: Where "written" is mentioned in these general terms and conditions, it also refers to electronic communication, such as email, provided that the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof regarding the receipt of electronic communication always rests with the client.
Use: Reproduction and/or disclosure within the meaning of the Copyright Act 1912.
Copyright Act 1912: Copyright Act 1912.
Article 2. Application
These general terms and conditions apply to all legal relationships between the photographer and the client, as well as to all quotations, offers, and agreements.
Provisions or conditions stipulated by the client that deviate from or are not included in these general terms and conditions are only binding on the photographer if and to the extent that they have been expressly accepted in writing by the photographer.
The general terms and conditions of the client are explicitly rejected.
Article 3. Offer
The photographer makes a written offer through a quotation.
Acceptance of the offer is done in writing. After or upon acceptance, a written agreement will be drawn up between the parties.
Unless otherwise agreed, the offer loses its validity 14 days after the date on which the photographer made the offer.
Price quotations in offers and quotations may be subject to change due to (unforeseen) changes in the work or price increases of raw materials. The photographer will inform the client of this as soon as possible.
Article 4. Acceptance of the Assignment
The client must explicitly and in writing accept the offer. If the client fails to do so but nonetheless agrees or gives the impression that the photographer is performing work under the agreement, the offer is considered accepted. The offer is also considered accepted once the down payment of €750 has been paid.
The offer is also considered accepted once the down payment or reservation fee has been paid.
Upon acceptance of the offer, the offer, together with these general terms and conditions, constitutes a contract between the client and the service provider.
The photographer reserves the right to refuse an assignment if new information becomes available after acceptance that makes execution unacceptable for the photographer.
After acceptance, the agreement can only be changed with mutual consent. In such a case, the photographer is entitled to adjust the fee payable for the agreement.
Article 5. Execution of the Assignment
The photographer will execute the assignment to the best of their knowledge and ability and in accordance with the requirements of good craftsmanship, in the style in which the photographer works.
The photographer will make every effort and act to the best of their ability under the given and existing circumstances during the photo session and/or reportage and/or video recordings. The client undertakes to make the circumstances as favorable as possible for the photographer and to take measures as necessary, including, but not limited to, instructing other attendees.
The photographer delivers the images in their customary style, applying general image optimization. The photographer provides a selection of image material over which the client has no influence.
The client is obliged to do and refrain from doing everything that is reasonably necessary and desirable to enable the timely and correct execution of the assignment.
The bridal couple may provide a wish list to the photographer, including desired images such as desired photoshoot photos, group photos, or names of individuals. The photographer will make every effort to create these images but is also dependent on circumstances and cannot guarantee the delivery of these photos.
Other specific photos requested by the client can only be created by the photographer if the circumstances allow it, there is sufficient time available, and the client takes sufficient measures to enable the creation of these images. The photographer explicitly does not guarantee that all desired photos requested by the client will actually be delivered.
If the client wishes to have an outdoor photoshoot, but the weather conditions do not permit it, the client must provide a suitable alternative (indoor) location.
If special permission or an additional fee is required for photography (at the location desired by the client), the client is responsible for obtaining access and paying the fee.
Unless there is a case of force majeure, if unforeseen circumstances arise on the photographer's side that prevent the photographer from personally fulfilling the agreement, the photographer will make every reasonable effort to arrange for a substitute photographer with a similar style.
Article 6. Wedding Album
The client may select their own photos for the album. The album design is done digitally.
The album design is shown to the client through an online preview. The client may request up to two changes to the album design. Additional changes are possible for a fee of €25 per modified spread, unless otherwise agreed.
The client may request changes to the design within 14 days of its delivery. The photographer will make the requested changes to the design within 14 days.
Delivery of the wedding album takes place within 8 weeks after the final design has been approved.
Article 7. Delivery
Unless otherwise agreed, the photographer provides only estimated delivery times.
The photographer delivers the photos within 6 weeks after the wedding. This period may be longer if the photographer depends on materials to be provided by the client. The photographer will notify the client as soon as possible of any deviations from the delivery times.
Photos are delivered, unless otherwise agreed, through an online gallery.
The photographer expressly does not deliver RAW files. The photographer provides only the selection of photos and/or video material made and edited by them as the final product. The photographer will never provide all photos taken or unedited files.
Delivery of the final physical wedding album is done by mail, unless otherwise agreed, after the sent invoice(s) has/have been paid.
Article 8. Compensation
If no compensation has been agreed upon by the parties, the photographer's usual fee as stated on their website applies.
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 these on to the client.
The final fee is based on the work performed and costs incurred on the basis of a final calculation, taking into account the photographer's usual prices. Additional costs such as parking fees are included in this calculation.
All amounts mentioned by the photographer are inclusive of VAT, unless otherwise agreed.
Article 9. Payment Terms
The photographer will send an (electronic) invoice to the client for the amount owed unless otherwise agreed.
Unless otherwise agreed, the payment term is 14 days after the date of the invoice.
The invoice related to the down payment of the assignment must be paid upon acceptance of the assignment. The remaining payment must be made no later than 2 days before the wedding. If the payment mentioned in this clause is not made within the specified period, the photographer is entitled to unilaterally terminate the agreement.
In the event of termination of the agreement by the client, the down payment will not be refunded by the photographer.
Article 10. Cancellation and Suspension
If an invoice is not paid within the payment term, the photographer may, after notifying the client, suspend all work carried out for the assignment until the invoice amount is paid.
If the client does not provide the necessary information for the execution of the assignment in a timely manner or fails to be present (timely), which is necessary for the execution of the assignment, the photographer is entitled to suspend or terminate the agreement.
Suspension or termination of the agreement is done in writing.
In the event of cancellation or termination of the agreement by the client or if the assignment is rescheduled due to reasons such as illness or death of the bridal couple or one or more guests, extreme weather conditions, and including all other reasons not mentioned in Article 10.5, within six months before the agreed date, the photographer will charge the down payment for the assignment. In the event of cancellation or termination between three months and thirty days before the agreed date, the photographer will charge 50% of the agreed compensation for the assignment. In the event of cancellation or termination within thirty days before the agreed date, the photographer will charge 75% of the agreed compensation for the assignment.
In case of cancellation, termination of the agreement, or rescheduling of the assignment by the client due to force majeure such as government measures or natural disasters, the photographer will only charge the down payment for the assignment.
Payment obligation also applies if the client does not wish to use the work or products created or to be created in the context of the agreement. In such a case, the client has no right to a discount or refund.
If the agreement is amended or supplemented, the photographer is entitled to adjust and increase the price accordingly.
If an invoice is not paid within the payment term, statutory interest and collection costs are due on the outstanding invoice amount. In such a case, the photographer will first send the client a formal notice of default.
Article 11. Complaints
Complaints about the execution of the agreement and/or objections to an invoice must be submitted in writing to the photographer within five working days of the invoice date. Complaints about delivered products must be submitted in writing to the photographer within 7 days of receiving these products.
Complaints submitted after the period mentioned in clause 1 will no longer be considered.
Submitted complaints or objections do not suspend the payment obligation.
Article 12. Copyright
Each agreement includes the license described in this article with regard to the photographic work of the photographer unless otherwise agreed.
The copyright as well as other intellectual property rights to all materials developed or provided in the context of the assignment are owned by the photographer.
The photographer reserves the right to use the works for their own promotional purposes and publications, including, but not limited to, website and blog, portfolio, social media, magazine articles, print materials, and exhibition materials. If it is a free or reduced-price assignment, the right to copyright can only be transferred to the client upon payment of €750 by the client.
The client is granted a non-exclusive license by the photographer for an indefinite period to reproduce the works for personal use and to publish them within the household. The client may not modify the works and may only post them on their own social media channels with attribution to the photographer and provided that the photos remain unedited.
Unless otherwise agreed, the client is not authorized to grant sublicenses to third parties, transfer their own license, or submit the works to contests or publications without prior consent from the photographer.
The client must obtain written permission from the photographer for submitting photos to contests and publications by third parties. If the client provides photos to third parties without the photographer's permission, the photographer will charge the client for any damages, including costs related to detection and enforcement.
The client must respect the moral rights of the photographer, as mentioned in Article 25 of the Copyright Act.
Article 13. Portrait Right
The photographer reserves the right to use the works for their own promotional purposes and publications, including, but not limited to, website and blog, portfolio, social media, magazine articles, print materials, and exhibition materials. If it is a free or reduced-price assignment, the photographer will only remove the works from their own promotional purposes and publications, including, but not limited to, website and blog, portfolio, social media, magazine articles, print materials, and exhibition materials, after a minimum payment of €750 by the client.
The photographer will not sell the photos to third parties.
Deviating agreements are recorded in writing.
Article 14. Liability
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 their representatives.
The photographer is not liable for color deviations on non-calibrated screens or prints not provided by the photographer, nor is the photographer liable for the absence of photos or film material.
The photographer is not liable for the loss of files delivered by the photographer to the client.
The liability never exceeds the amount of the invoice.
Article 15. Changes to these General Terms and Conditions
The photographer reserves the right to amend or supplement these general terms and conditions.
Changes will be communicated to the client by the photographer in a timely and written manner.
If the client does not wish to accept a proposed change, they may terminate the agreement on the date the new general terms and conditions become effective.
Article 16. Choice of Law and Forum
If a provision of the agreement and/or the general terms and conditions is found to be invalid or void, the other provisions and the agreement will remain in force.
Dutch law applies to all legal relationships between the photographer and the client.
Article 17. Privacy/Confidentiality
Your personal data, such as name, address, telephone number, and email, will be treated confidentially. Kiki van Dam Photography respects the privacy of all users of its sites and handles all personal information confidentially and carefully. Personal data will not be disclosed, sold, or rented to third parties unless required by law.
Please note that this translation is provided for informational purposes and may not be legally binding. It's important to consult the original Dutch text and seek legal advice if necessary.