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TERMS AND CONDITIONS

Terms and Conditions

Definitions In these General Terms and Conditions, the following definitions apply: Aw: Copyright Act 1912: Photographic work: photographic works as referred to in Article 10 paragraph 1 sub 9 Aw, or other works within the meaning of the Aw, which can be aligned with the photographic works referred to. be made. Image carrier: the carrier on which a photographic work (whether or not recognizable to the eye) is recorded, such as a slide, negative, print, Polaroid, CD-ROM, DVD or USB stick. Days : calendar days Photographer: the user within the meaning of art. 6:231 CC. Other party: the other party within the meaning of art. 6:231 CC. Use: duplication and/or publication within the meaning of Article 1 in conjunction with 12 and 13 Aw.

Parties

The parties referred to in these terms and conditions are described as: client/customer and Vedar Cvetanovic / Vedar Visuals (photographer).

Photographer

The photographer will complete the assignment to the best of his ability, using professional equipment. The photographer will be present at the location(s) on time and will not leave earlier than agreed, unless with the permission of the client.

Copyright _

1. Each agreement also includes the license described in this article with regard to the photographic work of the photographer, unless otherwise agreed.

2. The copyright as well as other intellectual property rights on all works developed in the context of the assignment rests with the photographer.

3. The Photographer reserves the right to use the works for its own promotional purposes and publications, including, but not limited to, website, portfolio, advertisements, social media, magazine articles, in printed matter, exhibition material and demonstration material.

4. The customer is not entitled to reproduce or publish the work in a manner other than that which has been agreed.

5. Unless otherwise agreed, the customer is not authorized to grant sub-licences to third parties, nor to transfer its own license.

6. The customer must request written permission to submit a photo for competitions and publications by third parties.

7. The customer must observe the personality rights of the photographer, including the obligation to mention the name, as stated in Article 25 Aw.

8. Digital or analog editing or changing of the delivered works is not permitted without the prior written permission of the photographer.

9. Any use of a photographer's work not agreed upon is considered an infringement of photographer's copyright.

10. In the event of infringement of the copyrights and/or personality rights of the photographer, the photographer will charge an amount related to the seriousness of the situation, as compensation for the damage suffered.

11. Compensation does not entitle you to further use of the photographer's work.

portrait right

The Photographer reserves the right to use the works for its own promotional purposes and publications, including, but not limited to, website, portfolio, advertisements, social media, magazine articles, in printed matter, exhibition material, unless otherwise agreed. Objections to the publication of portraits must be made known to the photographer in writing prior to the agreement. Deviating agreements are recorded in writing.

Liability

1. The photographer is not liable for any damage caused to the customer, unless there is intent or gross negligence on the part of the photographer or his representatives.

2. The photographer is not liable for any damage or missing photos if it appears that photography is not allowed at a location (both from the ground and from the air by means of a drone).

3. The Photographer is not liable for disappointing quality if the customer has not complied with the provisions in these general terms and conditions, in the following circumstances:

3.1. When the circumstances at the location are so disappointing, as a result of which the photographer cannot perform his work properly. Think of poorly lit churches, dark party locations or poorly lit indoor locations during a photo shoot, etc.

3.2. The customer can always express the wish for specific photos. However, the photographer is always dependent on, for example, weather conditions, which means that this wish cannot be realized. The photographer sees this as force majeure and is not liable for this.

3.3. The photographer is also not responsible for disappointing quality during important photo moments if this is caused by the annoying presence of third parties. Think of employees, guests who walk by or take pictures with them and possibly also flash with their own cameras, other (professional) photographers or videographers.

4. The Photographer is not liable for color deviations on non-calibrated monitors or prints not supplied by the Photographer.

5. The liability never exceeds the amount of the invoice or, if and insofar as there is an insured damage, up to the amount of the sum actually paid out under the insurance.

Unforeseen circumstances

The photographer will always be personally present during an assignment. In very exceptional cases it may happen that the photographer is unable to act as a photographer on the said date due to unforeseen and/or very serious circumstances such as illness, accident or serious calamities. If the situation arises that it is not possible to find an equivalent replacement in time, the photographer is only liable for returning any deposit. In the event of theft or sudden (unexpected) technical failure of equipment during the execution of the assignment, including the loss or failure of computers, camera(s), memory cards or an accident; the assignment will, insofar as this is still possible in view of the situation that arises at that time, be carried out or processed to the best of our ability. Client cannot give photographer notice of default for such unforeseeable circumstances, nor ask or demand compensation or compensation.

Concern

The photographer does everything possible to handle and store the photos with the utmost care. In the unlikely event that the photos are lost, stolen or damaged within or through no fault of the photographer, the photographer will only be required to return all payments.

 

Traffic fines

The photographer will continue to follow the car and/or directions of the client during his work, if the client commits traffic violations and the photographer follows the client and as a result also commits traffic violations, these costs are for the account of the client. If the photographer commits violations in order to start his assignment on time, these violations are for the account of the photographer. Fines for incorrect parking due to lack of permit or at the direction of the client will be borne by the client. If the photographer neatly adheres to the traffic rules at the time of the assignment / following of the client and because of this misses photo moments, the photographer is not liable.

Retention period

The final selection of (RAW) photo files is kept 'unlimited'. However, the entire photographed series (eg 200+ photos) is only stored for a few weeks. This is to keep the storage manageable.

Method

1. The photographer will carry out the assignment to the best of his knowledge and ability and in accordance with the requirements of good workmanship, in the style and quality in which the photographer usually works.

2. The Photographer makes every effort and will act to the best of his ability in the given and existing circumstances during the execution of the assignment.

3. The final selection is carefully composed by the photographer, based on his own technical and creative insight, whereby the selection is as complete as possible a reflection of the day at the hours that the photographer was present. The selected photos are individually post-processed, which means that they are checked for sharpness, crop, color and contrast and any irregularities.

4. The Photographer will emphatically not apply post-processing to existing elements, such as removing these elements, or apply extreme post-processing, such as changing body proportions, unless requested to do so.

5. The customer undertakes to make the circumstances for the photographer as favorable as possible and to take measures where necessary, including, but not limited to, instructing other attendees.

Bankruptcy/suspension

Both the photographer and the other party have the right to terminate the agreement immediately in the event of bankruptcy or suspension of payment of the other party.

 

Complaints

1. Complaints about the implementation of the agreement and/or objections to an invoice must be submitted in writing to the photographer within ten days of the invoice date. Complaints about delivered products must be submitted in writing to the photographer no later than ten days after receipt of these products.

2. Complaints after the term referred to in paragraph 1 will no longer be processed.

3. Complaints or objections submitted do not suspend the payment obligation.

 

Changes to these terms and conditions

1. The Photographer reserves the right to change or supplement these general terms and conditions.

2. Changes are communicated to the customer in a timely manner and in writing by the photographer. Or the photographer decides to respect the existing signed assignment Bridal Photography under the old general terms and conditions.

3. If the customer does not want to accept a proposed change, he can terminate the agreement until the date on which the new general terms and conditions take effect.

Choice of law and forum

1. If a provision of the agreement and/or the general terms and conditions proves to be void or voidable, the other provisions and the agreement will remain in force.

2. Dutch law applies to all legal relationships between photographer and customer.

 

Application

These general terms and conditions apply to all legal relationships between photographer and customer, as well as to all quotations, offers and agreements. Provisions or conditions set by the customer that deviate from, or do not appear in, these general terms and conditions are only binding for the photographer if and insofar as they have been expressly accepted in writing by the photographer.

Canceling the order

In the event of cancellation of the assignment by the client at any time and for whatever reason (including war, epidemics, floods or other natural disasters, delays or changes caused by war, threat of war, terrorist actions or threats, closure of airports , civil war, industrial action, strikes or technical transport problems), the photographer is entitled to the agreed compensation, less the costs not yet incurred. In the unlikely event that the report does not take place, the appointment for the report must be canceled by telephone and/or by email or whatsapp. An advance already paid will not be refunded.

In case of cancellations within 3 days before an assignment, the photographer is obliged to charge 75% of the amount (the agreed hours) to the other party.

For cancellations within 2 weeks before the start, 50% of the total amount (the agreed hours) will be charged due to lost income.

If an invoice is not paid within the payment term, the photographer can, after informing the customer, suspend all his work on behalf of the customer until the amount of the invoice has been paid. If the customer does not provide the necessary information for the execution of the assignment in time or fails to be present (on time), while this is necessary for the execution of the assignment, the photographer is entitled to suspend or dissolve the agreement. Suspension or dissolution of the agreement takes place in writing. In the event of dissolution of the agreement by the customer, the photographer will charge at least the down payment for the assignment. If an invoice is not paid within the payment term, the statutory interest and collection costs are owed on the outstanding invoice amount without further notice of default by the photographer.

Indexing

Photographer (VEDAR) is entitled to increase the prices annually in accordance with the Consumer Price Index (CPI), the Producer Price Index (PPI) and/or the Services Price Index (DPI) of Statistics Netherlands.

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