Terms and Conditions

ARTICLE 1 DEFINITIONS

1. Rosella Fennis, located in Rozenburg, Chamber of Commerce number 71159487, is referred to as the photographer in these terms and conditions.

2. The counterparty is referred to as the customer in these terms and conditions.

3. The agreement refers to the contract for the assignment under which the photographer provides services to the customer for a fee and expenses, and these general terms and conditions are applicable.

ARTICLE 2 APPLICABILITY OF GENERAL TERMS AND CONDITIONS

1. These terms and conditions apply to all quotations, invoices, work, agreements, and delivery of services and products by or on behalf of the photographer, for which these terms and conditions have been declared applicable, unless explicitly and in writing deviated from.

2. The most recent version of these general terms and conditions sent by the photographer is always applicable. The photographer is entitled to unilaterally amend the general terms and conditions if deemed necessary. In such a case, a new version of the general terms and conditions will be sent. If the new version contains significant changes that have adverse effects on the customer, the customer has the right to terminate the agreement.

3. The applicability of the general terms and conditions of the business customer is explicitly rejected.

4. These terms and conditions also apply to third parties engaged by the photographer as part of the agreement.

5. If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the remaining provisions in these general terms and conditions remain fully applicable.

ARTICLE 3 CONCLUSION OF AGREEMENT

1. If no acceptance period is specified in the quotation, the offer expires after 30 calendar days. An offer must always be confirmed in writing.

2. By accepting the offer, the customer automatically agrees to these general terms and conditions.

3. The photographer cannot be held to her offer if the customer could reasonably understand that the offer, or a part thereof, contains an obvious mistake or typographical error.

4. Anything delivered outside the offer is considered extra work and will be invoiced as such.

ARTICLE 4 RATES AND PAYMENTS

1. The agreement is entered into for a specified period, unless otherwise indicated by the nature of the agreement or if explicitly and in writing agreed otherwise.

2. The quotation states the usual rate of the photographer along with an estimated number of hours. Any additional incidental costs, such as location rental, will be specified separately. Additional orders, as well as additional work due to a change in the agreement or a change in the standard style of the photographer, and travel costs will be invoiced separately.

3. The agreed rates at the time of entering into the agreement are based on the price level in force at that time. The photographer has the right to adjust the fees at any time if changed circumstances require this. If she does so within 3 months after entering into the agreement, the private customer has the right to terminate the agreement.

4. Invoices must be paid within 14 calendar days of the invoice date, unless otherwise agreed upon in writing or a different payment term is mentioned on the invoice.

5. If the customer is in default with the timely payment of an invoice, the customer is automatically in default and liable for statutory interest. The interest on the outstanding amount will be calculated from the moment the customer is in default until the full amount is paid.

6. If the customer is in default or in breach of his obligations, all reasonable costs incurred to obtain satisfaction out of court are at the expense of the customer.

7. In case of liquidation, bankruptcy, attachment, or suspension of payment of the customer, the claims of the photographer become immediately due and any licenses granted will expire immediately.

ARTICLE 5 CUSTOMER INFORMATION

1. The customer provides all information relevant to the execution of the assignment to the photographer in a timely manner.

2. The customer guarantees the accuracy, completeness, and reliability of the provided data, even if they come from third parties. The photographer will treat the data confidentially.

3. The customer indemnifies the photographer against any damage arising from non-compliance with the provisions of this article.

4. If the customer does not provide the requested data or does not do so in a timely manner, resulting in a delay in the execution of the assignment, the resulting additional costs will be borne by the customer.

ARTICLE 6 EXECUTION OF THE AGREEMENT

1. The photographer performs the assignment to the best of her ability and judgment. She is not liable for failing to achieve the result that the customer intended. The customer must be aware of the standard style of the photographer.

2. The customer must create the most favorable conditions possible for the photographer during a shoot.

3. If a specific location is desired by the customer for the shoot, the customer is responsible for arranging the location and the associated costs, unless otherwise agreed.

4. If the photographer encounters opposition from third parties during the execution of the agreement, she cannot be held liable for reduced results as a result.

5. If the customer is not satisfied with the delivered photos due to location, weather conditions, clothing choice, editing, or other factors that were known in advance, or situations falling under article 9 of these terms and conditions, this is not a reason to redo a shoot free of charge.

6. When the photographer captures a wedding report, the customer must provide the necessary meals. If the wedding is more than an hour's travel distance from the photographer's location, the customer must also provide a hotel stay before the wedding day.

7. The photographer is authorized to engage third parties in the execution of her activities.

ARTICLE 7 AMENDMENT AND CANCELLATION

1. In case of unforeseen circumstances, the photographer has the possibility to interrupt or reschedule a shoot. Unforeseen circumstances include, among others, illness, extreme weather conditions, and circumstances related to materials necessary for proper execution of the agreement. The photographer will notify the customer of such changes as soon as possible. If possible, the parties will agree on a new date. If a mutually agreeable solution cannot be reached, payments already made will be refunded to the customer, and the photographer will assist by providing available photographers within her professional network. The customer must then enter into a new agreement with the replacement photographer, and it cannot be guaranteed that the same prices will be applied or the same conditions will be met, unless otherwise agreed upon. The photographer has the right to terminate the agreement when new facts or circumstances arise that disrupt the trust relationship. In such a case, the photographer is not obliged to pay compensation. In the event of inclement weather, the photographer is authorized to reschedule the shoot up to 1 calendar day before the shoot.

2. Cancellation by the customer for a shoot is only possible in writing. The customer can cancel the remote agreement within 3 calendar days after concluding the agreement without any cost unless the services have been fully performed within the aforementioned 3 days or the agreement is a business-to-business agreement. Outside the legal cooling-off period, unless otherwise agreed, the following cancellation terms apply: If the customer is late to the location, that time will be forfeited.

ARTICLE 8 FORCE MAJEURE

1. In the event of force majeure, parties are entitled to interrupt or reschedule the agreement. Force majeure includes circumstances beyond the reasonable control of the parties that temporarily prevent the execution of the agreement, such as illness, accidents, fire, a pandemic, an epidemic, or government measures.

2. In the case of a business-to-consumer agreement, the customer cannot be obliged to reschedule the agreement. The obligations arising from the agreement are suspended as long as the parties cannot fulfill their obligations. In such a situation, the parties will seek a solution. If the situation continues without a suitable solution, both parties have the right to terminate the agreement without restoration. The costs incurred and hours worked up to that point become payable.

3. In the case of a business-to-business agreement, parties are required to reschedule the work. The payment obligation remains in place unless otherwise agreed upon.

4. If the customer wishes to reschedule the agreement due to a pandemic or epidemic, but government measures do not render the continuation of the agreement, in a modified form or not, impossible, the photographer is entitled to charge the costs associated with the rescheduling.

ARTICLE 9 LIABILITY AND DAMAGES

1. The photographer is not liable for damage resulting from this agreement unless the damage is caused intentionally or through gross negligence.

2. The photographer is not liable for damage caused by her relying on incorrect or incomplete data provided by or on behalf of the customer.

3. The photographer is not liable for loss, theft, or damage to the personal property of the customer during a shoot on location.

4. The photographer cannot be held liable for color deviations on non-calibrated screens and prints supplied by anyone other than her.

5. The photographer is not responsible for acts and actions, including delays, caused by third parties and suppliers, even if the photographer has made a recommendation for these third parties.

6. The photographer is not responsible for weather conditions in the photos.

7. The photographer is not responsible for defects in the content due to causes beyond her control, as well as for existing backgrounds, disruptive elements, or lighting situations that may have a negative impact on the images.

8. The photographer is also not responsible for the unavailability of suggestions provided, including the accessibility of locations or transportation.

9. The customer is responsible for obtaining permission and paying any associated fees to shoot at a specific location.

10. The customer remains solely responsible for applying or executing knowledge or actions gained during an agreement.

11. The customer is responsible for obtaining consent from all present individuals to be photographed during a shoot at a public location.

12. The customer is responsible for making a backup of the digitally delivered files.

13. In case the customer causes damage to equipment during a shoot, the customer is obliged to reimburse the replacement value.

14. If an SD card from the photographer becomes corrupt before the photos are delivered, the shoot can be redone free of charge. The photographer is not liable for compensation in such a case.

15. In the event that the photographer is liable to the customer for causing direct damage, the liability does not exceed twice the amount charged by her, unless reasonableness and fairness determine otherwise.

16. The customer indemnifies the photographer against all claims from third parties related to the services and products provided by her.

ARTICLE 10 COPYRIGHT, LICENSE, AND PUBLICATION

1. The rights to the materials and content provided by the photographer to the customer remain with the photographer. The customer is explicitly prohibited from reproducing, disclosing, or making the material and provided documentation available to third parties outside the granted license without prior permission.

2. The customer has a right of publication regarding the agreed-upon photos after full payment of the invoice amount. Photos may not be used for purposes other than previously agreed upon without purchasing an additional license.

3. If photos are to be used commercially, the provider must obtain permission from the photographer. Photos may not be submitted for contests unless otherwise agreed.

4. The customer is not entitled to edit or crop the supplied visual material. This also includes the use of (Instagram) filters.

5. The customer is encouraged (but not obligated) to mention the photographer's name when using supplied photos on social media, unless otherwise agreed.

6. Any action in violation of the provisions of clauses 1 to 5 of this article is considered a copyright infringement.

7. In case of infringement, the photographer is entitled to compensation of at least three times the usual license fee charged by her for such use, without losing the right to compensation for other damages suffered.

8. By entering into the agreement, the customer gives the photographer permission to use the visual material for advertisements, social media, magazine articles, printed matter, fair materials, portfolio, and demonstration material, unless explicitly objected to before the shoot. The customer must mention the photographer's name in this case.

ARTICLE 11 SPECIAL PROVISIONS

1. Both parties are required to keep confidential all confidential information they have obtained in the context of their agreement. The customer is referred to the privacy statement for more information.

2. The photographer reserves the right to cancel part of a shoot in the event of sexual harassment, bullying, violence, threats, or other unwanted behavior by the customer or attendees. If the shoot cannot be completed as a result, the customer cannot claim a refund of the already paid amount.

ARTICLE 12 DELIVERY

1. The photographer strives to deliver the desired photos as

soon as possible. The estimated delivery time agreed upon by the parties must be taken into account. However, no rights can be derived from this estimate.

2. The photographer creates and edits photos at her own discretion. Selected photos are edited according to normal standards. The customer declares to be familiar with the photographer's style. Additional customer requests result in additional work and will be invoiced accordingly.

3. Photos are sent in high resolution. After receiving the photos, the customer is responsible for making a backup.

4. The photographer is not obliged to provide unselected and/or unedited (RAW) photo material.

ARTICLE 13 COMPLAINTS

1. The customer is obliged to report complaints about quotes, invoices, and/or the delivered services and products within 5 working days after the complaint arises, in writing and with motivation, to the photographer. Complaints during a shoot must be communicated immediately upon preview so that these complaints can be rectified at that moment.

2. If a defect is reported later, the customer no longer has an absolute right to repair, replacement, or compensation.

3. Submitting a complaint does not suspend the payment obligation.

ARTICLE 14 DISPUTE RESOLUTION

1. Dutch law applies to these general terms and conditions.

2. Parties will only resort to the courts after they have made every effort to settle a dispute through mutual consultation. Disputes will only be settled in the district where the photographer is established, unless a legal obligation determines otherwise.

3. In deviation from the statutory limitation periods, the limitation period for all claims and defenses against the photographer and related third parties is 12 months.