Terms and Conditions
1. Definitions
1.1 Bart Boodts Photography hereinafter referred to as “the photographer”, Rupelstraat 33, 2627 Schelle, Belgium
1.2 The customer: the natural or legal person who hires the services of the photographer in order to carry out a creation in his name and his assignment.
2. Entitlement/Application
2.1 The customer expressly agrees to our terms and conditions to the exclusion of all others and expressly waives any recourse to his. We will not accept any clause that conflicts with these terms and conditions.
2.2 These general terms and conditions apply to all legal relationships between the photographer and the customer, as well as to all quotations, offers and agreements.
2.3 The photographer reserves the right to change or supplement these general terms and conditions without notice. The customer must always take note of the conditions that are valid at that respective time on his own initiative.
2.4 It is only possible to deviate from these general terms and conditions if this has been expressly agreed in writing.
3. Reproduction Rights/Copyrights/Portrait Rights
3.1 The use of our works is subject to the provisions of copyright and related rights laws, and is strictly limited to the description given on this document. Unless expressly stated otherwise, we retain intellectual property in all our works. Since the transfer of a work does not imply or imply a transfer of copyright over it, any reproduction, publication, exhibition or other form of use is only possible with our prior written consent and the mention of our name. Negatives, transparencies, sketches, lay-out and slides, both in analogue and digital form, remain our property. The use of our works is at the sole responsibility of the user. He alone is responsible for the necessary permits with regard to the persons and goods depicted on these works, and for the texts and captions associated with their use.
3.2 If the reproduction rights are relinquished, this relinquishment only takes effect after the agreed price has been paid.
3.3 Our works may not be transferred to third parties in any way or under any circumstances without our written consent. The customer will be held responsible for any violation of that prohibition.
3.4 In no case and in no way (reprography, photocopy, microfilm, video process or electronic, digital or analogue manipulation, etc.) may a new original or copy of any kind be made of the works supplied by us without our prior written consent.
3.5 The client must respect the moral rights attached to our works. The customer thus undertakes to respect the integrity of our works, in particular to reproduce the colors faithfully and not to mutilate or distort them without our prior consent. Our name must be clearly and unambiguously stated on every reproduction. In the event of a defect, we reserve the right to claim compensation as provided for in the SOFAM Rate. We are also automatically entitled to a minimum compensation based on the SOFAM Rate for any use that was not permitted by us.
3.6 The customer formally undertakes to provide us with a proof copy within 15 days of the printing or distribution of the publication.
3.7 Unless expressly stated otherwise on the front cover of this document, all rights (cable, audiovisual exploitation, private copying, publishing, etc.) are reserved.
3.8 In the event of infringement of the provisions of art.2, we reserve the right to claim compensation, as provided for in the SOFAM Rate.
3.9 All photos taken may be used by the photographer for personal, non-commercial, promotional purposes including, but not limited to, website, blog, social media, magazine articles, competitions, in printed matter, exhibition material and demonstration material. If the customer does not wish this, the photographer must be informed.
3.10 The customer undertakes to state the name of the photographer with every publication.
3.11 It is forbidden for the customer to make his own edits or image manipulations on the supplied digital files.
4. Order
4.1 We undertake to faithfully and to the best of our ability respect the provisions of the order form. Our price is calculated on the prices of raw materials and wages on the date of the order form. We reserve the right to adjust our prices if any of these factors increase. Additional work and supplements are of course charged separately.
5. Booking/Cancellation/Postponement
5.1 Photo sessions and assignments can only take place after receipt of an advance payment.
The booking of a photo session is final after paying an advance. The amount of the advance is agreed upon with the offer (30% for wedding reports - 50% for other photo reports). The advance must be paid within a week after the reservation.
The order of products is final after payment of the full quotation amount.
The order of a wedding album is final after payment of an advance of 30% of the agreed amount and will only go into production after payment of the remaining balance.
The registration and participation in a workshop is final after payment of the full workshop fee.
5.2 In case of cancellation of a photo session by the customer, the full advance will be charged, regardless of the reason or time of the cancellation.
5.3 In case of cancellation of a photo session, the expenses already incurred will be charged. These can be the purchase of props, location rental, make-up artist fee…
5.4 In case of cancellation of participation in a workshop up to 3 weeks before the start, we are forced to charge 25% of the total invoice of the workshop as a cancellation cost. In case of later cancellation of participation in the workshop, the customer owes the entire invoice price. In case of cancellation for serious reasons, with a doctor's certificate or substantiated force majeure, only the costs that have already been incurred by the photographer with third parties are due.
The photographer reserves the right to move the workshop to another date up to 3 days before the start. The participant(s) will be informed immediately, including the new date of the workshop and hereby have the right to cancel the participation free of charge.
In case of cancellation by the photographer of the planned workshop without a suitable alternative, the full amount paid for the workshop will be refunded.
5.5 The customer can postpone his booking or registration for a workshop (not applicable to wedding reports or group workshops) once and without paying an additional cost for a maximum of 30 days, while retaining the original prices and general terms and conditions that were valid at the time of the original booking ( subject to photographer availability at a later date). In case of postponement of the booking by more than 30 days, the customer can no longer rely on the original prices and conditions, the most recent prices and conditions will then apply. The customer must report this postponement to the photographer at least one week before the date of the original booking or start of the workshop.
5.6 A gift voucher can only be used for a photo shoot and/or order wall decoration, unless stated otherwise on the gift voucher and before the expiry date stated on the voucher. If no detail of the order is stated on a gift voucher, but only a value, this value can under no circumstances be used, nor be deducted from outstanding invoices that are linked to other orders. A gift voucher is not transferable.
5.7 The photographer always works in accordance with the legally imposed Corona safety measures within the safety plan of the government that apply on the day of execution of the assignment. In the event of the impossibility of fulfilling the commitment due to legally imposed Corona safety measures within the government's safety plan, a new date will be sought in mutual consultation between the customer and the photographer, to which both parties agree.
6. Acceptance and Performance
6.1 The photographer reserves the right to refuse an assignment if new information becomes available after acceptance that makes the execution unacceptable for the photographer.
6.2 The photographer will carry out the assignment to the best of his knowledge and ability in the style in which the photographer usually works. The performances and services provided by the photographer are always an obligation of effort, but not an obligation of result.
6.3 The selection of the photos and products to be delivered is the responsibility of the photographer based on his quality and style criteria. The photographer does not offer access to undelivered photographic images or raw files.
7. Payment
7.1 The photographer's invoices are payable 7 days after the invoice date unless stated otherwise. Any invoice that has not been paid after this period will be increased by operation of law with an interest of 10% per year. If the invoice remains unpaid 15 days after the registered letter of formal notice, the debt will be increased by 12% of the invoiced amount with a minimum of 372 euros. This flat-rate compensation is separate from the compensation for copyright infringement and the costs of proceedings and court proceedings.
8. TFP/TFCD sessions
8.1 The photographer can decide for himself whether a photo session falls under the TFP or TFCD status. Even if the customer has received a quotation in advance. Time For Portfolio (TFP) is an agreement between the photographer and the client whereby the client invests time to pose and then receives pictures from the photographer, without compensation. The photographer can decide this if he finds the results of such a nature that they can serve as a portfolio addition.
9. Delivery/Delivery Times
9.1 If no delivery period has been agreed, we undertake to deliver within a reasonable period that is in accordance with the practice of the profession.
9.2 If the agreed delivery period is exceeded by more than 14 days only for reasons solely attributable to us, and provided that the customer has not made any changes to the provisions of the order form, we undertake to pay the agreed price to be reduced by 15%. If the customer asks to shorten the delivery time, we reserve the right to increase the original amount of the order by at least 50%.
9.3 The photographer delivers the images in his usual style, whereby a global photo editing is applied to light, color, contrast, cropping and other matters at the photographer's own initiative. Post-processing beyond this is only after consultation with the photographer and may entail additional costs.
9.4 All images and files supplied, via WeTransfer, on USB or other media, are archived by the photographer in backup and stored, but the photographer can no longer be held responsible for archiving these files after a period of 6 months after the photo session .
9.5 The delivery time of products depends on the ordered product.
9.6 The delivery period always starts after receipt of your payment.
9.7 For orders sent by post or courier, the photographer will inform the customer of the associated costs in advance. When sending orders by post or courier, the photographer is not responsible for damage caused during delivery.
10. Studies, preliminary designs, tests, delivery on sight
10.1 All our studies, designs, preliminary designs and proofs (photos, drawings, sketches, models, texts, videos, etc...) that are not followed by a final order within the specified period, will be invoiced to the customer at the agreed hourly rate plus the costs incurred. In that case, no use whatsoever is permitted. When visual works are delivered on sight, the customer undertakes to return the works in perfect condition within 15 days from the delivery date. If this term is exceeded, the retention fees due from this date will amount to 6 euros per work and per week of delay, unless expressly stipulated otherwise. A flat-rate minimum compensation of 1240 euros per original work and 250 euros per duplicate is due in the event of damage or loss.
11. Liability
11.1 The customer accepts that color deviations are possible due to technical limitations. The photographer is not responsible for color variations on uncalibrated monitors or prints not supplied by the photographer.
11.2 Unless expressly stated otherwise, delivery will take place at our address. The photographic and graphic works, as well as any other object, are transported at the risk and expense of the customer. He is also responsible for the works entrusted to him and for their use.
11.3 In the event of force majeure leading to data loss (defect of memory card, camera and/or material or data crash), the photographer cannot be held liable in any way.
11.4 The photographer can under no circumstances be held liable for indirect damage resulting from any use or performance of the services, such as loss of profit or loss of data.
11.5 The photographer can under no circumstances be held liable for physical or material damage caused by falling, slipping, etc. of the customer during the photo session.
11.6 The photographer can under no circumstances be held liable for the loss and/or damage to property of the customer before, during or after the photo session.
12. Complaints
12.1 Complaints must be sent to the photographer within 7 days after the delivery date by registered letter, otherwise the delivery will be considered accepted.
13. Force majeure
13.1 If the execution of a photo session due to force majeure or illness of the photographer is not or difficult to realize, it will be decided jointly, by both photographer and customer, to either postpone the photo session to a new date to be determined, or to arrange another fellow photographer with a similar style. In case no other available photographer can be found or the photo session cannot be postponed or the customer does not agree with these solutions, the advance will be refunded.
14. Sanctions
The foregoing provisions are without prejudice to the compensation payable according to the SOFAM Rate:
14.1 A fixed minimum compensation of 200% of the basic fee calculated according to the SOFAM Rate, with a minimum of 125 euros, is due in the event of use without prior permission.
14.2 A fixed minimum compensation of 100% of the basic right calculated according to the SOFAM Rate, with a minimum of 125 euros, is due for use without mentioning the name of the author and/or his entitled party.
14.3 A fixed minimum compensation of 300% of the basic fee calculated according to the SOFAM Rate, with a minimum of 250 euros, is due in the event of use with a name signature with a name other than that of the actual author and/or his entitled party.
14.4 A fixed minimum compensation of 200% of the basic fee calculated according to the SOFAM Rate, with a minimum of 125 euros, is due in the event of a violation of the integrity of the work.
15. Territorial Jurisdiction
15.1 These terms and conditions are subject to Belgian law.
15.2 In the event of a dispute, only the courts of the place where the author has his place of work are competent.
15.3 In the event of a dispute with a user within the meaning of the law of July 14, 1991, the dispute will in any case be brought before the competent court pursuant to Article 624.1, 2 or 4 of the Judicial Code.