Terms and Conditions
by sanne photography - sep 1, 2023
To help prevent misunderstandings and ensure a clear and transparent collaboration, By Sanne Photography works with general terms and conditions. Once these terms have been accepted, they apply to all agreements made between the client and By Sanne Photography.
Article 1 – definitions
1.1. In these terms and conditions, By Sanne Photography, located in Spaarndam and registered with the Dutch Chamber of Commerce (KvK) under number 90944585, is referred to as ‘photographer’.
1.2. ‘Client’ refers to the natural or legal person who enters into an agreement with the photographer.
1.3. The ‘agreement’ refers to the contract under which the photographer provides photographic services to the client in exchange for payment.
Article 2 – applicability
2.1. These terms and conditions apply to all offers, agreements, resulting services, and invoices issued by the photographer.
2.2. These terms also apply to third parties involved, such as second shooters engaged by the photographer.
2.3. The photographer may unilaterally amend these terms. The latest version applies. In case of substantial changes, the client may cancel the agreement.
2.4. The client’s general terms and conditions are explicitly rejected.
2.5. If any provision is (partially) invalid, the remaining provisions remain fully applicable.
Article 3 – offer
3.1. An offer is valid for 14 calendar days unless stated otherwise.
3.2. Obvious errors or mistakes in an offer are not binding.
3.3. Offers do not automatically apply to future assignments.
Article 4 – rates and payments
4.1. The agreement is entered into for a fixed period unless otherwise agreed.
4.2. All rates are exclusive of travel, parking, and location rental costs unless stated otherwise.
4.3. The photographer may require a deposit or full upfront payment. The shoot date is only confirmed after receipt of the deposit. Final images are delivered after full payment.
4.4. If prices increase within three months and the client is a private individual, the client may cancel the agreement.
4.5. Invoices must be paid within 14 calendar days, unless agreed otherwise.
4.6. Late payment results in default, and statutory interest applies.
4.7. Collection costs due to default are at the client’s expense.
4.8. In case of bankruptcy or suspension of payment, all outstanding claims become immediately due.
Article 5 – provision of information
5.1. The client must provide all necessary information in time.
5.2. The client guarantees the accuracy of the information.
5.3. The photographer treats client information confidentially.
5.4. Extra costs resulting from incorrect or late information are borne by the client.
5.5. The client indemnifies the photographer for any damage caused by incorrect information.
Article 6 – execution of the agreement
6.1. The photographer works according to her own style and professional judgment. Client wishes are taken into account but no result is guaranteed.
6.2. The client is familiar with the photographer’s style.
6.3. Tasks may (partly) be carried out by third parties.
6.4. The photographer does not guarantee capturing every moment.
6.5. The client ensures good working conditions during the shoot.
6.6. The photographer is not responsible for facial expressions or poses.
6.7. The photographer is not liable for poor results due to interference (e.g. another photographer).
6.8. Predictable factors such as outfit or weather are no reason for a free reshoot.
6.9. Late arrival by the client shortens the session.
6.10. The client is responsible for following advice.
6.11. The photographer will not accept assignments that conflict with the law or her professional values.
Article 7 – changes and cancellations
7.1. Changes are made in consultation. Any additional costs will be communicated.
7.2. If trust is disrupted, the photographer may terminate the agreement without compensation.
7.3. If the photographer is unavailable, she will propose a new date or a substitute. If not possible, the client may cancel, and unused fees will be refunded.
7.4. In case of extreme weather, the photographer may reschedule or cancel the shoot.
7.5. Cancellations must be made in writing. Private clients have 14-day cancellation rights unless a specific date or urgency applies.
7.6. Cancellation fees:
Up to 6 weeks before: 25%
Between 6 and 3 weeks: 40%
Within 3 weeks: 50%
Within 24 hours: 100%
7.7. Rescheduling may incur additional costs.
Article 8 – force majeure
8.1. Force majeure includes illness, pandemics, government regulations, and other unforeseen circumstances.
8.2. In case of force majeure, performance is suspended. If no solution is possible, either party may cancel.
8.3. For business clients, payment obligations remain unless agreed otherwise.
8.4. If the client postpones due to a pandemic without legal restrictions, the photographer may charge related costs.
Article 9 – liability
9.1. The photographer is only liable for damage caused by intent or gross negligence.
9.2. Not liable for damage caused by incorrect or incomplete information.
9.3. Not liable for third parties or suppliers.
9.4. Not liable for weather conditions in photos.
9.5. Not liable for theft during the shoot.
9.6. Not responsible for color differences on screens or third-party prints.
9.7. The client arranges location permissions.
9.8. The client arranges permissions for photographing others.
9.9. The client is responsible for backing up the delivered files.
9.10. The client is responsible for applying advice.
9.11. The client must compensate for damage to photographer's property.
9.12. Compensation is limited to insurance payout or twice the agreed fee.
9.13. The client indemnifies the photographer against claims from third parties.
Article 10 – intellectual property
10.1. All photos and materials remain the property of the photographer. Use is limited to agreed purposes.
10.2. Screenshots or use without permission are not allowed.
10.3. Client may not use content for other purposes.
10.4. Extra usage requires a new agreement.
10.5. Commercial use requires permission and name credit.
10.6. Submitting content to competitions requires prior approval.
10.7. No edits may be made to content.
10.8. For agreed use, the photographer’s name must be credited.
10.9. Infringement leads to a claim of three times the standard license fee.
10.10. The photographer may use images for portfolio, social media, and marketing. If personal data is visible, prior permission will be requested.
Article 11 – special provisions
11.1. Both parties must keep all confidential information private.
11.2. In case of sexual harassment or misconduct, the photographer may cancel without refund.
11.3. If the photographer is present for more than 4 hours, the client must provide a proper meal.
Article 12 – delivery
12.1. Edited photos are delivered digitally as soon as possible after the shoot.
12.2. No rights can be derived from estimated delivery times.
12.3. The client is responsible for backing up the delivered images.
12.4. Editing is done at the photographer’s discretion. Extra requests count as additional work.
12.5. RAW/unedited files will not be delivered.
12.6. The client must select photos via an online gallery within 14 days. After that, the photographer will select.
12.7. Editing includes light, color, and contrast adjustments. Minor retouching is included, major retouching counts as extra work. Body modifications are not performed.
12.8. The client is responsible for storing delivered photos.
Article 13 – complaints
13.1. Private clients must report complaints within 2 months; business clients within 14 days.
13.2. Complaints during the shoot must be reported immediately.
13.3. Late complaints may be refused or incur extra charges.
13.4. The photographer must be given a chance to correct the issue.
13.5. Complaints do not suspend payment obligations.
Article 14 – dispute resolution
14.1. Dutch law applies to these terms.
14.2. Parties will first attempt to resolve disputes through mutual consultation.
14.3. If unresolved, disputes will be brought before the competent court in the district where the photographer is based.
14.4. The limitation period for claims is 12 months.