General Terms and Conditions
In these General Terms and Conditions, the following terms will have the following meanings:
CA: Copyright Act.
Photographic work: photographic works as referred to in the CA, or other works within the meaning of the CA that can be put on a par with them.
Photographer: Studio Kijk, also the user of these General Terms and Conditions, as well as third parties and others who work on the instructions or under the direction of Studio Kijk.
Other party: the other party who is offered these general terms and conditions.
Use: the use of the photographic work for publication, adaptation or reproduction.
These General Terms and Conditions apply to all legal relationships between the photographer and the counterparty, including offers, order confirmations and oral or written agreements, even after the termination of an agreement, unless parties have explicitly deviated from these terms and conditions in writing.
3.1 Quotes are entirely without obligation, unless explicitly stated otherwise.
3.2 An offer is valid for 14 days. After this period, no rights can be derived from the quotation.
3.3 Both parties (the photographer and the other party) have the right to withdraw from the agreement two days after the offer has been accepted.
3.4 Once the offer has been accepted, the agreement is binding. Cancellation of the order by the other party must always be done via whatsapp or email.
4 Down payment and reservation
4.1 After acceptance of the offer, a deposit of €200 must be paid within 14 days into Studio Kijk’s bank account. The bank account number of Studio Kijk is stated on the offer.
4.2 The reservation of the wedding date is fixed after receiving the down payment.
5.1 If the parties have not agreed on a fee, the photographer will determine the fee unilaterally and reasonably, taking into account the extent of the use desired by the other party for the work.
5.2 Necessary costs and/or additional work shall be paid by the Other Party.
6 Invoice and payment
6.1 The remaining amount of the invoice shall be paid within 14 days after receiving the final invoice.
6.2 If the Photographer has not received the amount due within the period specified in 6.1, the Other Party shall be in default and shall owe the statutory interest plus 2% on the invoice amount.
6.3 If the other party has failed to fulfill one or more of its obligations, then the costs incurred by the photographer shall be borne by the other party.
6.4 It is not permitted to use photographic work before the invoice has been paid in full.
7.1 An assignment agreement shall be effected by the acceptance by the Other Party of the quotation submitted by the Photographer, see also 4.1 and 4.2. The offer must be confirmed by email or by WhatsApp.
7.2 The photographer is entitled to carry out everything not explicitly described in the commission contract according to his own technical and creative judgment.
7.3 Changes to the commission by the other party for whatever reason shall be for the account of the other party and shall only be carried out by the photographer after a separate offer of additional costs has been signed for approval by the other party and returned to the photographer.
8.1 In the event that the commission contract is cancelled in its entirety by the other party, for whatever reason, the photographer is entitled to a payment of 20% of the invoice amount specified in the final offer. This is for costs incurred and loss of income for the photographer.
8.2 In the event of cancellation of the wedding, the following provisions apply:
- In case of cancellation up to 2 months before the wedding date, 35% of the full invoice amount will be charged for costs incurred and loss of income for the Photographer
- In case of cancellation within 2 months up to 14 days before the wedding date, 60% of the total invoice amount will be charged to cover all costs incurred up to that moment and the loss of income for the photographer.
- In case of cancellation within 14 days before the wedding, the full amount will be charged by the photographer
- The deposit will not be refunded if the other party cancels the assignment agreement.
8.4 In the event that the wedding is rescheduled due to the Corona measures, the assignment will be rescheduled once free of charge.
9 Use of photographic work
9.1 The photographs may be used by the other party (non-professionally) in private and on social media with a reference to @studiokijk.nl on Instagram (in both photo and text) or a reference to www.studiokijk.nl.
9.2 Companies have the right to use photographic work commercially. Studio Kijk must be clearly mentioned when a photographic work is used, or a reference to the photographic work must be included in the publication. In consultation between both parties, it is possible to waive this.
9.3 It is not permitted to transfer photographs to third parties for commercial use.
9.4 The other party gives the photographer permission to use the work for promotional purposes, unless explicitly agreed otherwise.
9.5 This permission may be withdrawn for the publication of photos online in which faces are clearly visible.
The copyright for the photographic works is vested in the photographer.
11 Copyright Infringement
11.1 Any use of a photographic work which has not been agreed is deemed to be an infringement of the photographer’s copyright.
11.2 In the event of infringement, a payment of three times the price of the agreed contract will be made.
12.1 Any complaints about the work delivered should be communicated to the Photographer by email, verbal message or WhatsApp as soon as possible, within ten working days of the delivery of the photographic work. The photographer has the right to deliver good work for rejected work within a reasonable period, unless this would lead to disproportionate damage for the other party.
12.2 Any complaints and/or damages upon delivery of the photo album must be reported within 5 days of receipt. If after this period something is not right with the album, the possible costs are at the Other Party’s expense.
13.1 There is no obligation to prepare an album on behalf of the other party. The other party is obliged to satisfy the process according to completeness.
13.2 The other party is obliged to pay the photograher in advance. If the invoice is not paid, albums will be ordered later than agreed upon.
14 Final Provisions
14.1 Dutch law shall apply to all cases in which these General Terms and Conditions apply.
14.2 In the first instance, any disputes between the parties shall be submitted to the competent court in Utrecht.
14.3 The Photographer has the right to amend the General Terms and Conditions. Amendments shall take effect 1 month after they have been announced to the other party. If the other party does not accept the amended conditions, it has the right to terminate the commission contract with a notice period of one month.
Miranda van Kastel | Studio Kijk | November 2022