Conditions

 

       1. Application

1.1. These general terms and conditions apply to all legal relations and agreements concluded between the photographer and the client whose identity is further described in the agreement of which these general terms and conditions are an integral part; 

1.2. Giving an order by accepting the offer or any other order confirmation from which the agreement of the client can be deduced implies that the client fully and unreservedly accepts these general terms and conditions.

 

       2. Definitions

– The “photographer”: Mr. Yancho Sabev, residing at 3010 Kessel-Lo, Kesseldallaan 8 bus 101 and with company number 0871.898.752, also trading under the name ZenZone, or its representatives, employees or assistants;

– The “client” or the “customer”: any natural person who hires the photographer and entrusts him with an assignment in his own name;

– The “photo report”: the assignment, the photo session to which the agreement relates and this gives occasion to a photo series, the delivery and processing of the photos in that photo series;

– The “model” or the “figurant”: the natural person who, together with the client or his / her, can be seen in the photos taken in the context of the photo report.

 

       3. Exclusivity

3.1. The photographer is the only photographer charged by the client in the context of the photo report. The assignment is exclusively granted to him; 

3.2. In a photo report in the presence of family and friends of the client, photos may be taken by family and friends, but only if they do not hinder neither the photographer nor the client and his models in taking posed photos by the photographer;

3.3. If the photographer is nevertheless inconvenienced by family or friends, he will address the client about this. If the nuisance persists, the photographer reserves the right to suspend or terminate the photo report.

 

       4. Artistic freedom and quality of the photos

4.1. The photographer’s trademark is a non-posed, journalistic approach to the photo report, so that spontaneous moments can be captured in real time. The client therefore grants the photographer complete, artistic freedom to take the photos and the locations used. When taking posed photos, the Client undertakes to follow the instructions given by the photographer, both by the client itself and by the figurants;

4.2. By accepting the offer, the client acknowledges that he / she wishes to cooperate with the photographer, to relate to the specific style of the photographer whose he / she has taken note in advance by viewing earlier photos taken by the photographer and wishing photos in the same style;

4.3. Specific wishes of the client can be discussed in advance, however the client is aware that long request lists from the client, family or friends mean a restriction of the artistic freedom of the photographer.

 

       5. Prices

5.1. A “standard price list” is listed on the photographer’s official website. This price list is not binding. The prices on this price list can be adjusted at any time and unilaterally by the photographer. The final price for the photo report is determined by the accepted offer, a signed agreement or direct work, by the price that the photographer communicates to the client after the performance has been performed;

5.2. When requesting a photo report, the photographer will, if necessary, make an offer to the client stating the price and the corresponding duration of the requested report; 

5.3. After accepting the offer or signing an agreement, the photographer and the client are bound to the price unless the offer contains a substantial error in which the photographer can demonstrate, partly based on the standard price list of his website, that the price cannot reasonably be correct price for the requested report;

5.4. An offer remains valid up to 30 days after the offer date unless otherwise stated. An offer is non-binding until the client accepts it.

       6. Agreement and cancellation

6.1. De overeenkomst komt tot stand na ondertekening van een overeenkomst of na aanvaarding van de offerte door de opdrachtgever én in dat laatste geval de schriftelijke bevestiging van de fotograaf voor de datum van de opdracht;

6.2. The photographer may cancel an assignment if the client does not meet the requested actions and the preparation of the photo report. In that case, no compensation is due by the photographer;

6.3. Cancellation by the client must be in writing, by e-mail, at the latest 14 days before the agreed date of the photo report. In that case, the photographer cannot claim compensation from the client;

6.4. The client cancels the photo report later than under point 6.3. anticipated period, the photographer reserves the right to invoice 50% of the agreed price.

 

       7. Execution of the agreement

7.1. The photographer has an effort and no result obligation with regard to the services and services provided by him;

7.2. The photographer declares, according to his own standards, to make qualitative images and to edit them in his style;

7.3. The photographer will carry out the assignment in accordance with these general terms and conditions;

7.4. The photographer autonomously determines the way in which the granted assignment (which was realized in consultation with the client) is carried out. The photographer has the right to have the assignment carried out in whole or in part, without notice and at cost, by third parties.

       8. Illness and force majeure

8.1. If the photographer cannot perform the contract due to illness, injury or other emergency, the photographer can cancel the photo report. In that case, the photographer will only be obliged to repay the amounts that the client would have already paid in the context of the photo report that is the subject of the agreement in question and for the amount that exceeds the work already performed. In the case of a standing order, the work already performed or still future is to be paid in accordance with the agreement;

8.2. In case of cancellation due to illness, the photographer will in any case try to provide a replacement. If the client approves the replacement, the agreement between the replacement and the client replaces the agreement between the client and the photographer. The client is then responsible for the agreements on the services of the replacement.

8.3. If the photographer has to cancel the photo report or the delivery of the accompanying photo series due to force majeure circumstances, he does not owe any compensation to the client. In that case, the photographer will only be obliged to repay the amounts that the client would have already paid in the context of the photo report that is the subject of the agreement in question and for the amount that exceeds the work already performed. In the case of a standing order, the work already performed or still future is to be paid in accordance with the agreement;

8.4. In any case, in the event of cancellation due to illness or force majeure circumstances by the photographer, the client is offered a mini shoot (including slide show) that will take place at a later date to be agreed.

 

       9. Editing

9.1. During the photo report, all images / photos are recorded in digital format;

9.2. After the photo report, but before delivery to the client, the files are individually processed to adjust color, contrast and / or tint. If applicable, the images can also be converted to black and white. Possible operations that the photographer can do are: minimal and realistic retouching, removing spots, selectively adjusting shades and / or brightness, improving colors, etc .;

9.3. The photographer ensures that edited images are suitable for printing and could be used for photo albums, prints, canvases and enlargements;

9.4. If the client wishes additional operations (such as: removing parts, bleeding, changing color, removing people in the background, etc.), these operations will be charged on the basis of the ‘current price list’ stated on the photographer’s website.

 

         10. Billing and payment

10.1. The photographer draws up his invoice after performing the photo report based on the signed agreement or the accepted offer;

10.2. Payment of the invoice by the client must be made to the account number BE03 0014 0605 2584 before delivery of the images;

10.3. Amounts are due within 30 days of the invoice date. In the event of late payment of an invoice, the client loses the advantage of the payment term with regard to all outstanding invoices, which also become immediately due and payable, as well as the related invoice interest and the compensation clause;

10.4. In the event of late or non-payment, the photographer reserves the right to suspend all further work until full payment of the outstanding invoice amount has been received;

10.5. By law, and without any reminder, default interest of 12% per year is payable on the balance of the invoice from the due date to the date of full payment. The late or unpaid amount of the invoice is automatically increased by 10%, without any notice of default being required, with a minimum of 50 euros as contractual fixed compensation.

 

         11. Finishing, delivery or pick up

11.1. The client may expect that the photos taken in the context of a short photo report (maximum 4 hours) will be available approximately two (2) weeks after the session;

11.2. Photos from long reports (longer than 4 hours) will be available approximately four (4) to twelve (12) weeks after the assignment;

11.3. The number of photos delivered cannot be pre-determined except for full-day wedding photography where a minimum of 700 photos is suggested. In any case, the number depends on different variables, such as the duration of the report, the weather conditions, possible obstacles during the photo report, etc .;

11.4. The photos will be delivered to a USB stick for a full-day wedding photography or in digital format, by e-mail or any other suitable way of transferring digital files, taking into account the size of the files in question;

11.5. The photographer advises the client to back up the files to computer, USB stick or DVD after receiving the photos. After delivery of the files, the Client accepts full responsibility for the files. Since delivery, the photographer is no longer liable for loss of the files by the client;

11.6. If the files, photos or related products that have been ordered cannot be delivered digitally, they can be picked up from the photographer or sent by post;

11.7. Items sent to the photographer’s official location and picked up by the client may be picked up from the photographer’s official location at 3010 Kessel-Lo, Kesseldallaan 8 bus 101;

11.7. Items sent to the photographer’s official location and which are picked up by the client can be picked up from the photographer’s official location at 3010 Kessel-Lo, Kesseldallaan 8 bus 101;

11.8. Shipping and handling costs will be charged for sending by post;

11.9. The photographer is not responsible for damage when shipping the products by post.

 

         12. Preservation of the files

12.1. After delivery, the photographer is no longer responsible for archiving the files;

12.2. The photographer will nevertheless endeavor to keep the files of the client available for as long as reasonably possible. 

12.3. If the client loses the files, for whatever reason, the photographer can transfer them again if the files are still available. In that case, the photographer reserves the right to charge all costs for retransferring the files in question to the client.

          13. “Print release”, reproduction for your own use and use on         

13.1. Upon delivery of the files, the photographer gives the client permission to use the files for personal, non-commercial purposes and to reproduce the photos, unless otherwise agreed in the agreement (see company reports);

13.2. The Client will not sell, license or sub-license or authorize the photos taken under this agreement in any way and for any purpose;

13.3. Violations of the provisions under 11.1 and 11.2. will be charged € 200.00 per copy per photo;

13.4. The photographer authorizes the client to make prints and albums of the photographs taken under this Agreement. The Photographer is not responsible for the quality of the prints and / or products that the client receives from non-professional and / or commercial photo labs;

13.5. The photographer authorizes the client to share photos taken under this Agreement on social media. The client may not modify, edit or crop photos (except for the obligatory cropping on social media websites) without the prior permission of the photographer;

13.6. The client agrees to explicitly state the name of the photographer with every photo posted on social media, at least through a link to the photographer’s website (www.yanchosabev.com);

13.7. All photos taken by the photographer for the client are for personal use unless both parties sign a separate agreement that provides otherwise. Photos may not be used for business promotional purposes or on a professional platform unless after written permission from the photographer. The client agrees that the client will not discredit, slander or denigrate the photographer or undertake any business that can reasonably be believed to harm the photographer’s personal and professional reputation.

 

         14. Copyright and portrait rights

14.1. The photos taken under the agreement between the photographer and the client fall under the scope of the Berne Convention of 24.07.1971 and the Law of 30.06.1994 on copyright and related rights, taken over in Title 5 of Book XI of the Economic Law Code;

14.2. The rights arising from this legislation belong to the photographer unless explicitly transferred to the client;

14.3. Even if the photographer and client agree to purchase the digital files, the photographer reserves the right to keep the original files;

14.4. By entering into the agreement, the photographer has the right and permission of the client to use, reuse, publish and republish photos taken under the agreement, in the media currently known and in the future, including the Internet, and for all purposes of the photographer, including the portfolio, self-promotion, participation in photo contests or exhibitions, educational purposes, editorial use, art and advertising.

 

         15. Liability

15.1. Before, during or after the photo report, the photographer is not liable for any damage to the client or his / her figurant. Neither direct or indirect damage as a result of the provision of services, physical or material damage (eg by falling, bumping or slipping during the photo report) or the loss and / or damage to the property of the other party.

 

         16. Complaints

16.1. If the client is not satisfied with the quality of the delivered work, he must report his / her complaint to the photographer in writing within five working days after the recording or delivery of the digital files, albums or other articles. ;

16.2. In the absence of a response within the aforementioned period, the client will have accepted the work or the delivered products.

         17. Applicable law and disputes

17.1. Belgian law applies to these agreements.

17.2. All disputes that would arise from the execution of the agreement and all disputes regarding the interpretation of the agreement and its general terms and conditions must be submitted to the competent courts of the district of Leuven.