Terms and Conditions

Audrey Naessens Fotografie

Dorpsstraat 91, 9800 Astene
 BE0734616632

info@audreynaessens.com

Article 1: Application

1.1. These general terms and conditions apply to all legal relationships between Audrey Naessens and the client. Placing an assignment and/or placing an order implies that the client fully and unreservedly agrees to these general terms and conditions. Any deviation from these general terms and conditions must be approved in writing by the photographer in advance.

These general terms and conditions take precedence over the client's general terms and conditions

Article 2: Definitions

2.1. The photographer: Audrey Naessens, hereinafter referred to as “the photographer”; 9800 Astene, Dorpsstraat 91, Belgium.

2.2. The client: the natural or legal person who hires the services of the photographer to carry out a creation on his behalf. The photographer may consider as her client - held in her own name - anyone who has entrusted her with an assignment, unless he or she has expressly indicated that he/she is acting as a representative, organ of a legal entity, as an agent, in the name and on behalf of a third party. for which this will only be valid if the name and address of this third party, principal, legal entity or representative is provided to the photographer at the same time as the assignment.

2.3. A photo session, report, photo series, photography, photo albums, photo box, photoshoot, prints, production, product, website(s): the online or offline services, deliveries, activities to which the agreement relates.

2.4. An extra: the natural or legal person with whom the client concludes an agreement to realize a specific aspect of the work to be carried out. In professional jargon also called a model or photo model.
 

Article 3: Prices and quotations

3.1. The prices applicable to the services provided by the photographer are those published on the website (www.audreynaessens.com) and/or in a quotation or brochure. The prices are expressed in euros and exclude taxes and VAT, unless demonstrably stated otherwise.

3.2. Prices may be changed at any time. The changed prices apply to all orders placed after the change has been implemented. However, the wedding photography price that the customer receives at the time of booking will remain unchanged regardless of any price increases.

3.3. Quotations are entirely without obligation, unless demonstrably stated otherwise. The quotation does not oblige the delivery or execution of part of the performance at a proportional price.

3.4. The prices stated in quotations are valid for 1 month.

Article 4: Agreement and advance payment

4.1. An order agreement between the photographer and the client with regard to the delivery of photo and other image material is only concluded by written confirmation from the photographer.

4.2. The agreement is finalized after receipt of the advance payment. The amount of this advance is stated in the contract and depends on the assignment and included products such as albums. This advance must be paid within 14 days after written acceptance of the assignment and/or order by the photographer. If the advance payment is not paid on time, the photographer has the right to terminate the agreement unilaterally, without prior notice of default, without having to request prior permission from the Court and without the photographer being liable for compensation of any kind.

4.3 The agreement between the photographer and the client is concluded for one specific date or several dates. Only this date or dates are booked by the photographer and definitively confirmed by means of the advance payment (see 4.2). If the client wants to move the date to another time, for whatever reason, the photographer will charge an administrative fee of €250.

Article 5: Costs

5.1. The photographer is always entitled to request an advance payment from the client for costs. All travel costs such as transport tickets, overnight stays, catering, etc. are borne by the client. They are either charged to the client in the fee or invoiced directly by the photographer to the client.

Article 6: Number of photos

6.1. If, in the execution of the assignment, the photographer delivers a USB stick, WeTransfer link, Dropbox folder or PicTime gallery with photos to the client, the number of photos delivered depends on the nature of the assignment and the duration of the assignment. The number is determined by the photographer.

​6.2. Unless otherwise agreed between the parties, the digital delivery will contain approximately the following number of photos (small deviations are possible, depending on the result of the assignment):

– Wedding: 20 to 40 photos per hour (depending on the duration, number of details, number of attendees, etc.)

– Portrait reportage: 20 photos per hour, with the option to order additional photos.

– Corporate photography: to be agreed

– Other than listed above: minimum number of photos to be agreed

6.3. The photographer decides which photos are made available to the client. The photographer makes a selection from all the photos taken. These photos are then edited in the photographer's style. The photos that did not make the selection, the unedited photos and the RAW files cannot be obtained under any circumstances.

Article 7: Quality of the work

7.1. The photographer declares that he takes high-quality images according to his own standards and also edits them in his own style.

7.2. The photographer has the right to carry out anything that is not expressly described in an assignment at his own technical and creative discretion.

7.3. Changes to the assignment by the other party for whatever reason and pending the execution of the assignment will be borne by the other party and will only be carried out by the photographer after a separate quotation for additional costs has been signed for approval by the other party and submitted to the photographer has been returned. Changes to the original assignment extend the execution period.

7.4. The client may be present or may send an authorized representative to the recordings. If they are not present, the client must comply with the photographer's judgment with regard to the proper execution of the assignment, without being able to exercise any recourse.

Article 8: Placing an order (prints – albums – other) - change of order

8.1. The advance payment for the preparation of a wedding album is €450. This price includes the design hours and 2 correction rounds. This price does not include adding extra pages other than those provided in the basic package, all possible extra options, additional shipping costs and any taxes. These additional prices are clearly noted in the information brochure and on the website.

8.2. The price for the layout of the wedding album is not refundable, even if the album is not printed.

8.3. When placing the order, the client must provide precise and exact information about the identity of the recipient of the order, the delivery address and the e-mail address to which a confirmation of the order can be sent.

8.4. Any person or company that places an order requesting that it be charged to third parties will be held jointly and severally liable for its payment.

8.5. An order does not commit the photographer until it has been confirmed by email.

8.6. The order will only be delivered after payment has been received.

8.7. The photographer will only print the album design after the layout of the album has been approved in writing by the client.

8.8. The photographer must make the corrections indicated in writing by the client, but is not liable for unspecified spelling, linguistic, grammatical or other errors. Once the photographer has sent the order to the printer, the client can no longer request corrections.

8.9 When sending orders by post, we are not responsible for damage caused during delivery.

Article 9: Payments

9.1. The photographer's invoices are payable within 30 days of the invoice date, unless stated otherwise. All payments must be made via the Argenta bank account number - BE09 9734 1777 1657.

9.2. All amounts not paid by the due date automatically, without prior notice of default, yield interest of 1% per month on the outstanding amount and a fixed compensation of 15% of the invoice amount, with a maximum of €75, unless greater damage is proven. This increase is justified by the burden and difficulties, the costs of correspondence, the loss of time, the difficulties in accounting and the lack of access to the unpaid amount. The advance payment automatically accrues to the photographer and will be deducted from the aforementioned compensation. The waiver of rights only takes effect at the time of full payment of the fee for the waiver of rights.

9.3. After placing the order, the client will receive a confirmation of the order by e-mail as well as the corresponding invoice, with a request to transfer the amount to the photographer's bank account. After receipt of payment, the design, products and/or developed photos are made and delivered.

9.4. Any complaint in connection with the invoice or invoiced works must be reported in writing within 8 days after the invoice was sent, on penalty of inadmissibility.

9.5. Every order means acceptance of our terms and conditions by the client.

9.6. When paying an invoice, even in the case of partial payment, it may always be deemed that the works have been accepted and approved by the customer with regard to the price as well as with regard to the quality, unless the customer has protested against the invoice within the aforementioned period. term.

Article 10: Delivery and shipping

10.1. Image carriers (physical products) are delivered to the building where the photographer conducts her business. Orders can be collected at no additional cost from the premises where the photographer conducts his business. The client must expressly inform the photographer of this in advance.

10.2. The delivery date and location are determined in advance in writing between the photographer and the client.

10.3. All orders are shipped by the photographer via regular mail. The costs for express shipping by courier that are the result of urgency or at the request of the client are borne by the client.

10.4. Sent photos or other media are at the risk of the other party from the moment of shipment until the moment the photos or media are returned undamaged by the photographer. The photographer is not liable for delay, theft, loss and/or damage caused by B-Post or by a third party that the photographer uses to ship orders.

10.5. The photographer only delivers to addresses in Europe, unless otherwise agreed in advance.

10.6. The delivery time depends on the product ordered. If you only order a USB stick with high resolution files, it will be delivered within 30 working days after receipt of payment. Cards and photo albums will be delivered within 60 working days of receipt of payment, unless otherwise stated on the quotation.

10.7. The delivery time always starts after receipt of your payment.

10.8. If no delivery time has been agreed, this will be determined within reason by the photographer. If the photographer and the other party agree that the delivery time will be brought forward, the photographer has the right to increase the originally agreed fee by at least 50%.

10.9. If the client changes the original agreement, the delivery period can be extended.

10.10. If the client does not receive the order within the agreed period, he has one week to inform the photographer. Under no circumstances can exceeding the delivery period result in a reduction of the price, nor can it give rise to any compensation or termination/dissolution or breach of the agreement.

10.11. If the shipment with the order is returned to the photographer because you have provided an incomplete or incorrect delivery address, the client cannot claim compensation. At the request of the client, the order will be sent again and the client must pay the shipping costs.

Article 11: Photographer's meals

11.1. On assignments lasting four (4) hours or longer, a hot and/or fresh (no fish or shellfish) meal and drinks must be provided for the photographer. If the client does not provide a meal, the client understands that the photographer will leave the shooting location to purchase a meal and that the photographer is not responsible for any time lost as a result at that time. The client understands that a photo report is hard work and a decent meal for the photographer is in the interest of all parties.

Article 12: Liability

12.1. The performance and services provided by the photographer are always an obligation of best efforts, but not an obligation of results.

12.2. The photographer must make the corrections indicated in writing by the client, but is not liable for unspecified spelling, linguistic or grammatical errors. Once the photographer has sent the order to the printer, the client can no longer request corrections.

12.3. The photographer is not responsible for any color deviations that may arise when fulfilling the assignment, for example due to the composition of the photographed objects or as a result of fluctuations in color temperature.

​12.4. The photographer is not liable for color deviations on uncalibrated screens or prints not supplied by the photographer.

12.5. The photographer is also not responsible if a recording is rejected by the client because the client's briefing, concept or strategy changes or because the client delivered the product with defects. In the aforementioned cases, the full fee and all costs are due. This also applies to any new recordings made afterwards, regardless of the rejected recordings.

​12.6. The verbally specified changes are carried out at the risk of the client.

12.7. The photographer is not liable for any direct or indirect damage caused to the client, unless there is intent or serious error on the part of the photographer.

12.8. Except in the case of intent, the photographer's total liability is limited to the invoice amount.

12.9. Under no circumstances can the photographer be held liable for physical or material damage caused by falls, slips, etc. of the other party during the photo session.

12.10. Under no circumstances can the photographer be held liable for the loss and/or damage of the client's property before, during or after the photo session.

12.11. The photographer is not responsible for damage to or loss of objects necessary for the realization of an assignment. All clothing, collection items and other accessories will be treated with the necessary care, but the photographer cannot be held responsible for damage or loss. If the value of the goods warrants it, the photographer can have the goods insured and the photographer is entitled to pass on the costs to the client.

12.12. The photographer is not liable for obtaining the agreement of the holders of copyrights, neighboring rights, image rights, trademark rights, whose works, achievements, images or brands are depicted on the material and are necessary for the use of the photo and other materials. images and not to pay the associated costs. These amounts are not included in the fee. If necessary, the client will indemnify the photographer against any claim that these holders assert against the photographer as a result of the exploitation of the photographic and other image material by the client.

12.13. The liability of the photographer in producing images does not extend beyond his own intervention. The photographer is therefore not responsible for the behavior, punctuality or professional performance of any employee, model, actor, extra, even if contacted by him on behalf of the client.

12.14. The photographer is not responsible for any postponement or cancellation of a production or recording that is due to late delivery by the client or his subcontractor of a product or accessory, or to the punctuality or incorrect behavior of the latter.

12.15. The photographer is not liable for damage or loss caused by the development lab, manufacturing defects, airport x-ray checks, etc. This list is not exhaustive. In all those cases, the photographer's fee is also due in full. If the liability of the photographer is nevertheless compromised, the compensation owed by him cannot exceed the fee for that specific assignment.

Article 13: Cancellation

13.1. In the event of cancellation by the client, the full advance payment will be charged, regardless of the reason or time of the cancellation. The photographer can propose a new date without additional charge.

13.2. The photographer reserves the right to terminate the current agreement with immediate effect in the event of sexually inappropriate and inappropriate behavior by the client, among others. In this case, the photographer reserves the right to claim damages in the amount of €300.

Cancellation of a wedding report

13.3. In the event of cancellation by the client after the conclusion of the order agreement, the photographer will be compensated as follows:

  • in case of cancellation up to 3 months before the agreed wedding date, an additional cancellation fee of 50% of the balance of the final invoice will be due.

  • In case of cancellation up to 6 months before the agreed wedding date, an additional cancellation fee of 25% on the balance of the final invoice will be due.

  • In the event of force majeure (for example government measures), the advance payment will be converted into a credit.

  • In case the wedding is moved to a later date, a new reservation fee of €250 may be charged.

Cancellation of a photo session (other than a wedding report)

13.4. A photo session can be canceled free of charge by the client up to 14 days before the planned date. In the event of cancellation less than 14 days before the session or if the client does not show up, the advance payment (session fee) will be charged.

Article 14: Force majeure

14.1. If the execution of the assignment cannot be realized due to force majeure, the photographer is entitled to terminate the assignment. In this case, the other party is obliged to compensate the photographer for the work already performed. The photographer is under no circumstances obliged to pay any compensation to the other party.

14.2. In the event of force majeure, the photographer must promptly notify the other party. After receiving this notification, the other party has 2 weeks to terminate the agreement. If the other party decides to dissolve, it is obliged to compensate the photographer for the work already performed.

14.3. Force majeure includes: loss of the original digital files due to a crash, war, mobilization, civil disturbances, atmospheric disturbances, floods, storm damage, disruption of train, water, air or road traffic, lack of fuel, stagnation in , limitation or cessation of supply by public utilities, fire, machine breakdown and other productions, creations, work, disruptions, strikes, exclusions, government measures, non-deliveries of materials by third parties and others at the time of the conclusion of the order and/or unforeseeable circumstances that make the execution of the assignment and/or agreement impossible or that have such an influence that the other party cannot reasonably and fairly demand compliance with the assignment and/or agreement. This list is not exhaustive.

14.4. If the agreement cannot be executed by the photographer due to illness or accident, the photographer and the client will look for a suitable solution in mutual consultation. If necessary, the photographer will try to provide a replacement to the extent possible and with the agreement of the client. In that case, the client is deemed to contract directly with the replacement and the photographer can therefore no longer be held liable for any (extra) contractual shortcoming by the replacement. If no replacement can be found, both parties can cancel the agreement free of charge. In this case, the photographer undertakes to repay the advance payment already received, but will not owe any compensation to the client.

Article 15: Complaints

15.1. If the client is not satisfied with the quality of the work, he can inform the photographer by e-mail: info@audreynaessens.com or via the website: www.audreynaessens.com.

15.2. All formal complaints regarding the services provided, the orders and/or the invoice must be sent by registered letter to the photographer by the client within 8 days after the execution or invoice date. Any late protest is inadmissible.

Article 16: Copyright - right to reproduce - use of the photos

(Act of 30 June 1994 on copyright and related rights.)

16.1. The photographer retains the copyrights on all works that she carries out for the client. The client confirms that he cannot claim copyright of the photos and/or drawings, neither in analogue nor in digital form.

16.2. Neither the client nor the model have exclusivity rights to the images taken, nor to the style, nor to the edits applied to the photos.

16.3. The client has the right to use and reproduce the works for personal purposes. The total invoice price includes the client's right to use and reproduce the works for personal purposes. Reproduction of any work for personal purposes by the client is only permitted in accordance with the provisions of Articles 21 and 22 of the Belgian Copyright Act. The right of use is personal and may not be transferred under any circumstances, except with written permission from the photographer.

16.4. Unless otherwise stated in writing, confirmed in writing by the photographer, the photographer's fee compensates the photographer for his time, experience, and waiver of reproduction rights only for the expressly agreed exploitation method, form, destination, and territorial scope and for a period of 1 year. In the absence of such a provision in the agreement, the photographer has the right to oppose the use of the photos until a written agreement regarding these points has been reached. The client is responsible for the use of photos and other images by third parties.

16.5. The client undertakes to ensure that any permitted exploitation of the photo and image material, as well as any reproduction, is accompanied by the statement “© Audrey Naessens”, “© Audrey Naessens Photography” or “© WWW.AUDREYNAESSENS.COM”.

16.6. The client is prohibited from altering the photos in any way. The client is obliged to have changes in color and the like carried out by the photographer. If this is requested after completion of the entire assignment, a new quotation will be made.

16.7. The photographer retains full ownership rights in all circumstances to all photographic and other visual material supplied to the client, as well as to accompany each reproduction with a statement of “© Audrey Naessens”, “© Audrey Naessens Photography” or “© WWW.AUDREYNAESSENS.COM" including the ownership of the digital files, the cliché, the molds and other carriers, even if they are temporarily made available to the client.

16.8. In the event of non-compliance with the aforementioned name mention, the photographer will be entitled to compensation of at least 100% of the license fee usually charged by the photographer, without losing any right to compensation for other damage suffered (including the right to compensation for all direct and indirect damage and all actual judicial and extrajudicial costs).

Article 17: Portrait rights

17.1. Image material taken by the photographer can be published at any time on the photographer's website, her blog or on the social networking sites on which the photographer is active. The photographer can also use the images for promotional purposes, including portfolios, advertisements, social media, magazine articles, printed matter, trade fair material, etc. This list is not exhaustive. If the client or the model does not grant permission for this right, the photographer must be informed of this by e-mail before the start of the photo session or report.

Article 18: Retention of files

18.1. The photos taken by the photographer are stored digitally for at least 60 days after the invoice date.

18.2. The photographer will under no circumstances be obliged to pay any compensation to the client in the event of data loss due to force majeure.

Article 19: Changes to conditions

19.1. The photographer can change these special conditions at any time. The other party must regularly take note of the applicable conditions.

Article 20: Opposability

20.1. By not protesting in writing within one week of these general terms and conditions, the user expressly agrees to them, to the exclusion of all others, and clearly waives the right to rely on his general terms and conditions. No conflicting clause will be accepted by SOFAM (www.sofam.be).

Article 21: Sanctions SOFAM

21.1. The foregoing provisions affect the rights and compensation owed according to the SOFAM rate:

  • Use without prior permission: fixed compensation of 200% of the basic entitlement according to SOFAM rate, with a minimum of €123.95;

  • Use without mentioning the name of the author and/or his rights holder: fixed compensation of 100% of the basic fee calculated according to the SOFAM rate, with a minimum of €123.95;

  • Use with incorrect name signature: fixed compensation of 300% of the basic entitlement calculated according to the SOFAM rate, with a minimum of €247.89;

  • Modification of the work without prior permission from the author or in the event of damage to the integrity of the work: fixed compensation of 200% of the basic fee calculated according to the SOFAM rate, with a minimum of €123.95. The user will also pay an additional compensation equal to the real costs of searches, findings, official reports, travel, purchase of evidence by SOFAM, as well as all other real costs incurred by SOFAM due to its infringement, with a minimum of €123, 95.

Article 22: Applicable law and competent court

22.1. These conditions are subject to Belgian law and in the event of disputes with customers who are not consumers, only the commercial court of the district of our registered office has jurisdiction, unless the law prescribes otherwise. If the customer is a consumer, only the peace court of the canton or the courts of the district of our place of business will have jurisdiction in proceedings that the customer initiates against us, unless the law prescribes otherwise. In proceedings that we initiate, the judge of the defendant's place of residence, the judge of the place where the agreement was signed, or the judge of the place of delivery has jurisdiction, at our discretion.