GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
In these General Terms and Conditions, the following terms shall have the meanings:
1.1. “Agreement”: any agreement between Freya De Vos and the Client regarding the provision of Services.
1.2. “Photographer”: Freya De Vos.
1.3. “Client”: any natural or legal person who enters into an Agreement with Freya De Vos.
1.4. “Freya De Vos”: Studio Freya, with registered office at Kerseveldmeers 35, 1745 Opwijk, registered under the company number 0802.741.910, trading as “Freya De Vos”, and website www.freyadevos.be.
1.5. “Photographic services”: the photographic services provided by the Photographer.
1.6. “Images”: all photographs created by the Photographer during the provision of Photography Services.
1.7. “Photographed Individuals”: persons who are identifiable in the Images created by the Photographer. This includes, but is not limited to: (1) models hired for photoshoots, (2) client’s employees or representatives, (3) event attendees, (4) members of the public captured in street photography, and (5) any other identifiable persons appearing in the Images.
1.8. “Data Controller”: the natural or legal person who determines the purposes and means of processing personal data, in accordance with the GDPR.
1.9. “Data Processor”: the natural or legal person who processes personal data on behalf of the Data Controller, in accordance with the GDPR.
2. APPLICABILITY
2.1. These General Terms and Conditions apply to all offers, quotations, and Agreements between Freya De Vos and the Client, unless explicitly agreed otherwise in writing.
2.2. The applicability of any general terms and conditions of the Client is explicitly rejected.
2.3. Deviations from these General Terms and Conditions are only valid if explicitly agreed upon writing.
3. OFFERS AND FORMATION OF AGREEMENTS
3.1. All offers and quotations from Freya De Vos are without obligation and valid for 30 days, unless indicated otherwise.
3.2. An Agreement is formed when the Client accepts Freya De Vos’ offer in writing or when Freya De Vos confirms the Client’s order in writing.
3.3. Freya De Vos reserves the right to refuse an offer without stating reasons.
4. EXECUTION OF THE AGREEMENT
4.1. Freya De Vos will execute the Agreement to the best of its knowledge and ability, in accordance with the requirements of good workmanship.
4.2. If and insofar as required for the proper execution of the Agreement, Freya De Vos has the right to have certain activities performed by third parties.
5. PAYMENT AND FEES
5.1. All fees are in Euro and exclusive of VAT and other government levies, unless indicated otherwise.
5.2. Payment must be made within 30 days of the invoice date, unless agreed otherwise in writing.
5.3. For larger projects or commercial work, payment terms will be specified in the individual contract.
5.4. Late payment will incur interest at the legal rate in accordance with Belgian law.
5.5. In case of liquidation, bankruptcy, seizure or suspension of payment of the Client, Freya De Vos’ claims against the Client are immediately due and payable.
6. CANCELLATION AND RESCHUDELING
6.1. Cancellation by the Client:
6.1.1. More than 7 days before the scheduled session: no fee will be charged.
6.1.2. Less than 7 days before the scheduled session: a cancellation fee of 50% of the agreed price may be charged to cover administrative costs and lost booking opportunities.
6.2. Cancellation by the Photographer:
6.2.1. In case of illness, accident or other circumstances beyond the Photographer’s control, the Photographer will attempt to find a replacement photographer of similar style and quality.
6.2.2. If no replacement is found, the session will be rescheduled at no additional cost to the Client.
6.3. Rescheduling requests must be made in writing at least 60 days before the scheduled session and are subject to the Photographer’s availability.
7. COPYRIGHT AND USAGE RIGHTS
7.1. All Images created by the Photographer are protected by copyright law. The Photographer retains copyright ownership of all Images.
7.2. The Client is granted a license to use the Images as specified in the contract. This license is non-exclusive and non-transferable.
7.3. The Client may not edit, alter, or modify the Images without the Photographer’s written permission.
7.4. The Photographer reserves the right to use the Images for portfolio, marketing, competition entries, and other promotional purposes, unless otherwise agreed in writing.
8. IMAGE DELIVERY
8.1. The Photographer will select and edit the best Images from the session. The number of final Images cannot be determined exactly unless this has been agreed upon writing in advance
8.2. The Photographer is not obligated to keep the Images beyond 2 months after delivery.
9. CLIENT RESPONSIBILITIES
9.1. The Client is responsible for ensuring the cooperation of all subjects to be photographed.
9.2. The Client must inform the Photographer of any restrictions or limitations at the photography location.
9.3. The Client is responsible for obtaining any necessary permits or permissions for photography at the chosen location.
10. LIMITATION OF LIABILITY
10.1. The Photographer’s liability is limited to the amount paid for the Photography Services.
10.2. The Photographer is not liable for:
- Any delays in delivery due to third-party suppliers;
- Any failure to perform due to circumstances beyond the Photographer’s control;
- Client dissatisfaction with the stylistic results of the photography.
10.3. The Photographer will take all reasonable care with the digital files, but is not liable for loss, damage, or failure to deliver Images due to technical failures beyond the Photographer’s control.
10.4. The equipment used for photography sessions is insured for use in Belgium. For sessions outside Belgium, additional insurance arrangements may be required.
11. PRIVACY AND DATA PROTECTION
11.1. The Photographer will collect and process personal data in accordance with the General Data Protection Regulation (GDPR).
11.2. The Client’s personal data will be used solely for the purpose of providing the Photography Services and related business operations.
11.3. The Photographer will not share the Client’s personal data with third parties without consent, except as required by law or as necessary to fulfill the contract.
11.4. Photographs of identifiable individuals constitute personal data under the GDPR.
11.5. The Photographer processes these personal data based on legitimate interest or explicit consent, depending on the context of the photography.
11.6. Consent for Photography
11.6.1. For portrait photography or commissioned work, the Client confirms having obtained consent from all individuals to be photographed;
11.6.2. For events, the Client is responsible for informing attendees that photography will take place;
11.6.3. For street photography or public events, the Photographer will respect the dignity and privacy of subjects in accordance with Belgian privacy law and the GDPR.
11.7. Rights of Photographed Individuals
11.7.1. For commissioned work where individuals are photographed as part of their professional duties:
- The Client is the data controller for these images and is responsible for handling data subject requests from these individuals.
- The Photographer acts as a data processor and will assist the Client in fulfilling such requests when required.
- Requests from these individuals should be directed to the Client who commissioned the photography.
11.7.2. For street photography, public events, or situations where the Photographer acts as the data controller. Individuals who appear in photographs have the right to:
- Access their personal data;
- Request erasure of their image in certain circumstances;
- Object to processing based on legitimate interest;
- Withdraw consent for future use of their image;
- Requests regarding these rights should be submitted in writing to *e-mail*.
- The Photographer will respond to such requests within 30 days.
11.8. Image Publication and Usage
11.8.1. Images will only be published or used in accordance with Belgian privacy law and the GDPR.
11.8.2. For commercial use of Images featuring identifiable individuals: The Client is responsible for obtaining appropriate model releases from Photographed Individuals when the Client intends to use the Images for commercial purposes.
11.8.3. For editorial or artistic purposes, images may be used without explicit consent when taken in public places, provided they do not harm the dignity of the subject.
11.8.4. The Client agrees to indemnify the Photographer against any claims arising from the Client’s use of the Images without proper model releases when such releases are required.
11.9. Data security 11.9.1. The Photographer will implement appropriate technical and organizational measures to protect photographs and associated personal data.
11.9.2. In case of a data breach affecting the privacy of Photographed Individuals, the Photographer will notify the relevant authorities and affected individuals as required by law.
11.10. Retention Period 11.10.1. Images containing personal data will be retained for the period necessary for the purposes for which they were collected.
11.10.2. For portfolio and artistic work, images may be retained indefinitely as part of the Photographer’s professional archive.
11.11. Complaints 11.11.1. Complaints regarding data protection can be addressed to the Belgian Data Protection Authority (Gegevensbeschermingsautoriteit):
- By mail: Drukpersstraat 35, 1000 Brussels
- Email: contact@apd-gba.be
12. COMPLAINTS
12.1. Any complaints must be submitted in writing within 30 days of Image delivery.
12.2. The Photographer will respond to complaints within 30 business days.
13. APPLICABLE LAW AND JURISDICTION
13.1. These General Terms and Conditions are governed by Belgian law.
13.2. Any disputes arising from these General Terms and Conditions will be subject to the exclusive jurisdiction of the competent Belgian courts.
14. AMENDMENTS
14.1. The Photographer reserves the right to amend these General Terms and Conditions at any time.
14.2. The current version of the General Terms and Conditions will always be available on the Photographer’s website.
14.3. Any amendments will not apply to existing contracts without the Client’s consent.
15. CONTACT
If you have any questions or comments about these General Terms and Conditions, please contact us at hi@freyadevos.be
Last updated: 23/07/2024
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