General Terms and Conditions by Light Studio – Photo Services

1. Definitions

In these General Terms and Conditions, the following terms have the meanings referred to:
– Aw: Copyright Act 1912
– Photographic work: photographic work as referred to in Article 10 paragraph 1, ninth paragraph of the Aw or other works falling under the Aw that can be equated with it.
– Photographer: the user within the meaning of Article 6 Book 231 of the Civil Code.
– Counterparty: the counterparty within the meaning of Article 6:231 of the Civil Code.
– Use: reproduction and/or publication as referred to in Article 1 in conjunction with Articles 12 and 13 of the Aw.

2. Application

These General Terms and Conditions apply to all legal relationships between a Photographer and the Other Party, including offers, order confirmations and oral or written agreements, even after termination of an agreement, unless the parties have expressly deviated from these conditions in writing.

3. Price, Deposit and Payment

3.1 Price determination: If no price has been agreed, the Photographer will determine the price on the basis of reasonableness and fairness, taking into account the extent of the desired use by the Other Party.

3.2 Additional work: Any necessary costs and/or additional work will be borne by the Other Party.

3.3 Deposit: A deposit of 50% of the total amount is required for each photo session. This deposit must be paid within 14 days after the invoice date, but no later than before the date of the photo shoot.

3.4 Payment term: The remaining amount must be paid within 14 days after the invoice date, unless otherwise agreed in writing.

3.5 Cancellation policy:
– If the Counterparty cancels the photo shoot up to 7 days before the scheduled date, the deposit will not be refunded.
– In case of cancellation more than 7 days before the scheduled photo shoot, the deposit can be refunded or used as a deposit for a future session, at the Counterparty’s option.

3.6 Default: If the Counterparty does not pay on time, it will automatically be in default and statutory interest plus 2% (for non-commercial transactions) or 8% (for commercial transactions) will be charged. The Photographer also has the right to recover additional legal costs.

3.7 Suspension: Any use of the Photographic Work is prohibited until the Other Party has paid all outstanding invoices in full.

4. Invoice and Payment

4.1 Payment must be made within 14 days of the invoice date.

4.2 If the Photographer has not received the amount due within the period stated in 4.1, the Other Party will be in default and will therefore owe statutory interest plus 2.00% (for non-commercial transactions) or 8.00% (for commercial transactions).

4.3 If the Other Party fails to meet any of its obligations under the agreement, including any infringement of copyright, it will be liable for all judicial and extrajudicial costs incurred by the Photographer in obtaining payment.

4.4 Any use of the Photographic Work, in whatever form, is prohibited until the Other Party has paid any outstanding invoices from the Photographer.

5. Complaints

Complaints about the Photographic work delivered must be reported to the Photographer in writing/by e-mail as soon as possible, at the latest within ten working days after delivery. The Photographer has the right to replace the rejected work with good work within a reasonable period of time, unless this causes disproportionate damage to the Other Party.

6. Commission

6.1 The Photographer is entitled to carry out work at his own technical and creative discretion that is not explicitly described in a commission agreement.

6.2 Changes to the assignment by the Other Party, for whatever reason, are at the expense of the Other Party and will only be implemented by the Photographer after a separate quotation for the additional costs has been signed for approval by the Other Party and returned to the Photographer.

6.3 In the event of termination of a commission agreement by the Other Party, in whatever manner, at whatever time and for whatever reason, the Photographer is entitled to the agreed compensation. In the event of cancellation, a non-professional client shall only owe a reasonably determined portion of the fee, taking into account the work already performed.

7. Copyright

The copyright of the Photographic Works rests with the Photographer

8. License

8.1 Permission to use a Photographic Work by the Other Party is granted exclusively in writing/by e-mail in the form of a license, the nature and scope of which is described by the Photographer in the offer and/or confirmation of the order and/or the relevant invoice.

8.2 If the scope of the license is not further defined, it never extends beyond the right to one-time use, in original form and for a purpose, circulation and manner as agreed by the parties when entering into the agreement with the interpretation of the Photographer.

8.3 Exclusive use must always be expressly agreed in writing and does not fall under the right of use referred to in Article 8.2.

8.4 The Other Party is not permitted to transfer the right of use described in this Article to third parties, unless the Photographer has given prior written permission to do so.

8.5 Unless otherwise agreed, the Other Party is not entitled to grant sublicenses to third parties. grant.

9. Copyright Infringement

9.1 Any unauthorized use of a Photographic Work shall be deemed an infringement of the Photographer’s copyright.

9.2 Any infringement shall entitle the Photographer to claim compensation of at least three times the license fee normally charged by the Photographer for such use, without losing any right to claim compensation for other damages (including the right to compensation for all direct and indirect damages and all actual judicial and extrajudicial costs incurred).

10. Reference to name and personal rights

10.1 The name of the Photographer must be clearly stated with the Photographic Work used or included elsewhere in the publication with reference to the Photographic Work.

10.2 In the event of reproduction or publication of a Photographic Work, the Other Party shall at all times respect the personal rights of the Photographer in accordance with Article 25 paragraph 1 sub c and d of the Copyright Act.

10.3 In the event of any infringement of the personal rights of the Photographer pursuant to Article 25 of the Copyright Act, including the right to be named, the Other Party shall owe compensation of at least 100% of the license fee customary by the Photographer for such type of use, without losing any right to compensation for other damage (including the right to compensation for all direct and indirect damage and all actual judicial and extrajudicial costs incurred).

11. Liability and rights of third parties

11.1 If third parties report or submit a claim against the Photographer and/or the Other Party with regard to the Work, the Other Party and the Photographer will determine in mutual consultation whether and how they will file a defense.

11.2 The Photographer is not liable to the Other Party for claims by third parties and/or damage resulting from the use and publication of the Work, except in the case of gross negligence or intent on the part of the Photographer.

11.3 The Photographer’s liability is in any case limited to the invoice amount or, if and insofar as it concerns insured damage, to the amount actually to be paid out by the insurance.

12. Bankruptcy/suspension of payment

The Photographer and the Other Party are each entitled to terminate the agreement with immediate effect in the event of bankruptcy or suspension of payment of the Other Party. In the event of bankruptcy of the Other Party, the Photographer has the right to terminate the license.

13. Choice of law and forum

13.1 All matters governed by these general terms and conditions are governed by Dutch law.

13.2 Any dispute regarding the text and interpretation of these General Terms and Conditions and a legal relationship between the Photographer and the Other Party will be submitted to the competent court in the Netherlands.