Article 1. Definitions
In these general terms and conditions, the following terms shall have the following meanings:
• Quotation: Any offer made by the Photographer to (legal) persons with the intent of entering into an agreement.
• Agreement: The contract of assignment between the Photographer and the Client.
• Assignment: The service or product to be delivered by the Photographer.
• Photographer: Joep van Drunen Photography B.V., also the user of these general terms and conditions and the contractor.
• Client: The (legal) person or persons with whom the Photographer has entered into the Agreement and who also accepts these general terms and conditions.
• Cancellation: Termination or dissolution of the Agreement.
• Written: Electronic communication such as email, provided that the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof concerning the receipt of electronic communication always rests with the Client.
• Usage: Reproduction and/or publication within the meaning of the Copyright Act 1912.
• Copyright Act: The Copyright Act 1912.
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Article 2. Applicability
These general terms and conditions apply to all legal relationships between the Photographer and the Client, as well as to all quotations, offers, and agreements.
Provisions or conditions set by the Client that deviate from or are not included in these general terms and conditions are only binding on the Photographer if and to the extent that they have been expressly accepted in writing by the Photographer.
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Article 3. Offer
• The Photographer makes an offer in the form of a quotation or price list.
• Unless otherwise agreed, the offer expires 30 days after the date of dispatch by the Photographer.
• Price estimates in offers and quotations may be subject to changes due to (unforeseen) modifications in the work or increases in the cost of materials. The Photographer will inform the Client of this as soon as possible.
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Article 4. Acceptance of the Assignment
• The Client must explicitly accept the offer in writing. If the Client fails to do so but nonetheless agrees, or at least gives the impression that the Photographer is performing work under the Agreement, the offer shall be considered accepted.
• The Photographer reserves the right to refuse an assignment if, after acceptance, new information becomes available that makes execution unacceptable for the Photographer.
• After acceptance, the Agreement can only be modified with mutual consent. In such a case, the Photographer is entitled to adjust the price agreed upon in the contract.
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Article 5. Execution of the Assignment
• The Photographer will carry out the assignment to the best of their ability and in accordance with the standards of good craftsmanship, in the style in which the Photographer typically works.
• The Photographer will make every effort to act as best as possible given the circumstances during the photoshoot and/or reportage. The Client must ensure the conditions for the Photographer are as favorable as possible and take necessary measures where required, including but not limited to instructing other attendees.
• The Photographer delivers the images in their usual working style, applying a global image optimization process on aspects such as light, color, contrast, and cropping. Only minor retouching will be performed by the Photographer to remove or reduce existing elements in the photo, including but not limited to, distracting elements in the background and temporary imperfections. Any further retouching is only possible after consultation with the Photographer and may incur additional costs.
• The Client is required to do and refrain from doing anything reasonably necessary and desirable to facilitate the timely and proper execution of the assignment.
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Article 6. Design
• Photo albums are designed according to the Photographer’s own expertise, skills, and style.
• The first draft of a photo album will be presented digitally within four weeks after the photo selection has been made.
• After receiving the digital photo files, the Client has a maximum of four weeks to submit their selection of photos for the photo album to the Photographer. After this period, the Photographer will make a selection without further consultation.
• The Client may request changes to the design up to two times. Any additional changes and/or modifications at a later stage are only possible for an additional fee.
• Two weeks after the requested changes, the Photographer will present a revised design to the Client.
• The Photographer will not proceed with printing the photo album until the Client has approved the design.
• Once the design phase has commenced or has been completed, cancellation of the album purchase is no longer possible.
Article 8. Delivery
The Photographer applies only estimated delivery times unless otherwise agreed.
• The online presentation of photoshoots has an estimated delivery time of 21 days unless otherwise agreed.
• The online presentation of weddings has an estimated delivery time of six weeks unless otherwise agreed.
• The online presentation remains available free of charge for two months. This period can be extended for a fee.
• During the period in which the online presentation is available, the Client may order products via the online gallery or directly from the Photographer.
• From the moment the photos are available online, the Client has one opportunity within 14 days to specify which photos they would also like to receive in black and white.
• Photo books are delivered, unless otherwise agreed, within eight weeks after the invoice has been paid. The delivery time may depend on the chosen materials.
• Digital photo files will be provided in JPG format on USB or via WeTransfer no later than four weeks after they are made available online.
• The Photographer will notify the Client in advance if any products have longer delivery times. The estimated delivery time for these products will be communicated via email.
• Delivery will not take place until payment for the relevant service, files, or product has been received.
• Unless otherwise agreed, delivery is made via regular mail.
• RAW files will not be provided (see also Article 13.9).
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Usage Rights & Licensing – Fictivia x Joep van Drunen Photography B.V.
As part of our collaboration, Joep van Drunen Photography B.V. retains the copyright to all images created for Fictivia. However, the Client receives a commercial usage license, which grants them the right to use the images under the following conditions:
Included Usage (No Extra Cost)
✔ Webshop & website use
✔ Social media (organic posts)
Extended Usage (Additional Licensing Fees Apply)
➜ Online advertising (paid ads, banners, sponsored posts, etc.): +20% of the base price per image*
➜ Print media (catalogs, brochures, magazines, etc.): +30% of the base price per image*
➜ Billboards, packaging, or large-scale marketing campaigns: Custom pricing upon request
* The base price per photo is calculated by dividing the total cost of the shoot by the number of delivered photos. This price covers expenses directly related to the photo itself. Costs such as project management, travel, or fuel expenses are not included.
A photo credit ("Photo by Joep van Drunen Photography B.V.") is appreciated when images are published in trade magazines, industry articles, or other professional media.
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Article 9. Compensation
• If no compensation has been agreed upon by both parties, the Photographer’s standard rate will apply.
• If no standard rate is applicable, the Photographer will charge a reasonable and fair fee for the work delivered.
• If it is evident that the Photographer has incurred additional costs and/or performed extra work that was reasonably necessary, these will be charged to the Client.
• The final fee is calculated based on actual work performed and incurred costs, taking into account the agreed hourly rate and other commonly applied rates.
• All prices quoted by the Photographer are exclusive of VAT unless otherwise agreed.
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Article 10. Payment Terms
• The Photographer will issue an electronic invoice to the Client for the amount due unless otherwise agreed.
• A minimum deposit of 25% of the total amount is required and must be paid before the assignment begins, unless otherwise agreed.
• Unless otherwise agreed, the payment term is 14 days after the invoice date.
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Article 11. Cancellation and Suspension
• If an invoice is not paid within the payment term, the Photographer may, after informing the Client, suspend all work related to the assignment until the invoice is fully settled.
• If the Client fails to provide the necessary information for executing the assignment on time or fails to be present, while their presence is necessary for the execution of the assignment, the Photographer is entitled to suspend or terminate the Agreement.
• Suspension or termination of the Agreement must be communicated in writing.
• If the Client cancels the Agreement, the Photographer will charge 25% of the total agreed price.
• In the event of serious circumstances that make it impossible for the Photographer to carry out the assignment on the agreed date, the Photographer will, if necessary, arrange for a substitute photographer or, if possible, reschedule the date.
• If the assignment cannot be executed on the agreed date due to justifiable reasons, including but not limited to illness or extreme weather conditions, a new date will be agreed upon in consultation, with a maximum of three reschedules.
• The payment obligation remains even if the Client decides not to use the work or products created under the Agreement.
• If an invoice is not paid within the payment term, the statutory interest on the outstanding amount will be due without further notice from the Photographer.
• Invoices must be paid within 30 days after the invoice date, without the Client having the right to delay, deduct, or withhold payment. The Client is fully responsible for paying the invoices, even if the assignment was commissioned for someone else. Unless otherwise agreed in writing, the Client will be considered the contracting party.
• If the Client disputes the invoice, they must notify the Photographer in writing within 14 days of the invoice date. If no dispute is raised within this period, the Client must pay the full invoice amount. If a dispute is raised in time, the undisputed part of the invoice must still be paid within the payment term.
• For complaints about the assignment itself, the Client has a maximum of 7 days to report issues. This complaint term is separate from the invoice dispute period. See Article 12 for more details.
Article 12. Complaints
• Complaints regarding the execution of the Agreement and/or objections to an invoice must be submitted in writing to the Photographer within 7 days of receiving the photographic files.
• Complaints submitted after the period mentioned in paragraph 1 will not be considered.
• Submitting a complaint or objection does not suspend the payment obligation.
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Article 13. Copyright
• Every Agreement includes the license described in this article with regard to the photographic work of the Photographer, unless otherwise agreed.
• The copyright and all other intellectual property rights on all works created within the scope of the assignment belong to the Photographer.
• The Photographer reserves the right to use the works for self-promotional purposes and publications, including but not limited to: website and weblog, portfolio, advertisements, social media, magazine articles, printed materials, trade fair materials, and demonstration materials.
• The Client is not authorized to reproduce or publish the work beyond the scope of the assignment, unless otherwise agreed.
• The Client is explicitly not allowed to use or sell the photographs for business or commercial purposes or for any purpose other than those specified in the Agreement without prior written permission from the Photographer.
• Unless otherwise agreed, the Client is not allowed to grant sublicenses to third parties or transfer their own license.
• The Client must request written permission before submitting a photograph for competitions or publications by third parties.
• The Client must respect the Photographer’s moral rights, including the obligation of crediting the Photographer’s name, as stated in Article 25 of the Dutch Copyright Act (Auteurswet 1912).
• Digital or analog editing or modification of the delivered works is not allowed without the prior written consent of the Photographer.
• Any use of the Photographer's work that has not been agreed upon will be considered an infringement of the Photographer’s copyright.
• In case of copyright and/or moral rights infringement, the Photographer will charge three times the usual licensing fee as compensation for damages.
• Payment of damages does not grant the Client further rights to use the Photographer’s work.
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Article 14. Portrait Rights
• The Photographer reserves the right to use the images for self-promotional purposes and publications, including but not limited to: website and weblog, portfolio, advertisements, social media, magazine articles, printed materials, and trade fair materials, unless otherwise agreed.
• The Photographer reserves the right to license the images to third parties for promotional purposes.
• Any objection to the publication of portraits must be submitted to the Photographer in writing before the Agreement is concluded.
• Any deviations from these terms must be recorded in writing.
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Article 15. Liability
• The Photographer is not liable for any damage incurred by the Client, unless caused by intentional misconduct or gross negligence by the Photographer or their representatives.
• The Photographer is not liable for color discrepancies on non-calibrated screens or prints that were not provided by the Photographer.
• The Photographer’s liability is limited to the total invoice amount of the assignment.
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Article 16. Amendments to These General Terms and Conditions
• The Photographer reserves the right to modify or supplement these general terms and conditions.
• Changes will be communicated in writing to the Client in a timely manner.
• If the Client does not accept a proposed change, they have the right to terminate the Agreement by the date the new general terms and conditions take effect.
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Article 17. Miscellaneous Provisions
• If any provision of the Agreement and/or these general terms and conditions is found to be void or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
• All legal relationships between Joep van Drunen Photography B.V. and the Client are governed by Dutch law.