FOTOGRAAF GRONINGEN - ZWANGERSCHAPSFOTOGRAFIE - BABY EN KINDERFOTOGRAFIE - PORTRETFOTOGRAFIE - DOCUMENTAIRE FOTOGRAFIEGemma Roordink Vakfotografie   

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ALGEMENE VOORWAARDEN


DuPho - Dutch Professional Photographers                   

 

General Terms and Conditions of DuPho (Dutch 

Photographers)                                            

dated January 2015                               

 

1. Definitions applying to these General Terms and

Conditions

Aw: Auteurswet 1912 [Dutch Copyright Act of 1912]

Photographic Work: photographic works as referred to in

Article 10 section 1 subsection 9 Aw, or other works covered

by the Aw that can be equated with the said photographic

works.

Image Carrier: the carrier on which a Photographic Work

(whether or not identifiable with the naked eye) is recorded,

such as a slide, negative, print, duplicate copy, Polaroid, CDrom,

DVD or memory stick.

Photographer: the user as defined by Book 6, Article 231 of

the Dutch Civil Code.

Other Party: the other party as defined by Book 6, Article 231

of the Dutch Civil Code.

Usage: copying and/or publication as defined by Article 1 in

conjunction with Articles 12 and 13 of the Aw.

2. Application

These General Terms and Conditions apply to all legal

relationships between a Photographer and Other Party,

including offers, confirmations of orders and oral or written

agreements, even after the termination of an agreement,

unless the parties have explicitly deviated from these Terms

and Conditions in writing.

3. Offer

Offers are entirely free of obligation unless expressly stated

otherwise. The Photographer has the right to withdraw his

offer up to two working days after receiving acceptance of this

offer. The offer does not oblige the Photographer to deliver

part of the agreement in return for a proportionate price.

4. Price

4.1 If the parties have not agreed a price, then the

Photographer shall charge his usual rate.

4.2 If and insofar as there is no usual rate, the Photographer

shall fix the rate in a reasonable and fair way, bearing in mind

(i) the rates for similar commissions normally charged in the

market between similar customers and similar suppliers, with

reference to rates charged by the Photographer’s colleagues,

(ii) what in past cases was by right regarded as reasonable

and fair, (iii) comparable rates charged by photographers in

neighbouring countries, and (iv) the scope and extent of the

desired usage of the work by the Other Party.

4.3 If it is plausible that the Photographer had to spend more

and/or had to carry out additional work within reason, then

these costs and/or additional work shall also be payable by

the Other Party.

5. Invoice and payment

5.1 The Other Party shall check that the invoice of the

Photographer is accurate. If the Other Party has not rejected

the invoice in writing and returned it to the Photographer

within ten working days of its date, providing legally relevant

reasons for doing so, then the invoice shall be deemed to be

binding between the parties and the Other Party loses any

right to put in a claim.

5.2 Payment shall be made within thirty days of the date of

the invoice.

5.3 The Other Party shall pay the amount due to the

Photographer without any reduction or claim to compensation,

except for the deduction of any advance payments agreed

between the parties and previously made to the

Photographer.

5.4 If the Photographer has not received the amount due

within the period specified in 5.2 above, the Other Party is in

breach and therefore liable for interest at the statutory rate

plus 2%.

5.5 If the Other Party is in breach of any of its obligations

under the agreement, including any infringement of copyright,

then it is liable for all judicial and extra-judicial costs incurred

in seeking compensation for the same.

5.6 Any use of the Photographic Work whatsoever is

prohibited until the Other Party has paid any outstanding

invoice of the Photographer or has otherwise complied with

any other obligation arising from any agreement whatsoever

with the Photographer.

6. Audit

6.1 If the payment is dependent in any way on any facts or

circumstances to be proven by the financial records of the

Other Party, then upon receiving such statement from the

Other Party the Photographer is entitled to have the financial

records audited by any RA/AA accountant he may choose to

appoint.

6.2 In the event that the results of the audit differ by more

than 2% from the statement and payment by the Other Party,

then the auditor’s expenses shall be paid in full by the Other

Party. The Other Party shall then also pay to the

Photographer the amount due on the basis of the correct

information after this has been invoiced.

7. Complimentary copy

Upon publication of a Photographic Work the Other Party

should immediately and free of charge provide the

Photographer with a complimentary copy of the publication.

8. Delivery

8.1 Image Carriers shall be delivered in the premises in which

the Photographer carries out his business. From the moment

they are sent out until the moment they are received back

undamaged by the Photographer, Image Carriers are at the

risk of the Other Party.

8.2 Digital files containing Photographic Works shall be

delivered following proper consultation and in a manner

agreed between both parties and are at the risk of the Other

Party from the moment they are sent.

8.3 In case no delivery time or date has been agreed, the

Photographer shall decide a reasonable period.

8.4 If the Photographer and the Other Party agree to fix the

delivery at an earlier date, the Photographer is entitled to

increase the price originally agreed by at least 50%.

8.5 Every delivery, including the delivery of any part of a

commission, may be invoiced separately if any part of a

commission can be valued separately.

9. Complaints

Complaints regarding the Photographic Work supplied should

be reported to the Photographer in writing as soon as

possible, within a maximum of ten working days of its

delivery. The Photographer has the right to substitute the

rejected work with good work within a reasonable period,

unless this would cause disproportionate damage to the Other

Party.

10. Possession/ownership of Image Carriers

10.1 If there is no agreement that the Image Carriers remain

in the possession of the Other Party, it shall ensure that these

are returned immediately after the agreed usage to the

Photographer without any cost for the Photographer. Doing so

too late or not at all shall not result in the Photographer losing

any of his rights.

10.2 If Photographic Works have been delivered in digital

form, the Other Party shall immediately erase and/or destroy

them following the agreed usage and not store them for reusage.

Doing so too late or not at all shall not result in the

Photographer losing any of his rights.

10.3 If an Image Carrier is not returned to the Photographer

within four weeks after the agreed period, it shall be regarded

as missing.

10.4 In the event that an Image Carrier is missing or

damaged, the Other Party shall compensate the

Photographer for his loss.

10.5 Image Carriers remain the property of the Photographer.

The Other Party is only entitled to acquire the ownership if

this has been expressly agreed.

11. Submission on approval

11.1 Image Carriers submitted on approval which are not

used should be returned by the Other Party within ten working

days after they were received.

11.2 Digital files of Photographic Works submitted on

approval which are not used should be erased or destroyed

by the Other Party within ten working days after they were

received.

11.3 In the event that Image Carriers and/or digital files

containing Photographic Works are retained beyond the

agreed period, the Other Party shall compensate the

Photographer for the damage he has suffered as a result.

11.4 The Other Party is not only obliged to return in time to

the Photographer the originally submitted Image Carriers; he

shall not copy and keep the Image Carriers in any form

whatsoever, and/or keep any digital files he received

containing Photographic Works, and must immediately

destroy any such copy.

12. Commission

12.1 A commission contract is an agreement in which the

Photographer undertakes to the Other Party to make and/or

supply Photographic Works.

12.2 A commission contract becomes binding when the offer

of the Photographer is accepted by the Other Party. This

acceptance can be confirmed by a written confirmation sent

by the Photographer to the Other Party to be retained by the

Other Party; or in the absence of the same, by the factual

knowledge and permission of the Other Party to the carrying

out of the work by the Photographer in accordance with the

offer.

12.3 The Photographer is entitled to carry out every part of

the commission contract not explicitly described according to

his own technical and creative judgment.

12.4 Changes to the commission by the Other Party for

whatever reason and pending the carrying out of the

commission contract shall be at the expense of the Other

Party. They will only be carried out by the Photographer once

a separate offer for the additional costs has been signed in

agreement by the Other Party, and returned to the

Photographer.

12.5 In the event that a commission contract has been

cancelled by the Other Party at whatever time and for

whatever reason, the Photographer is entitled to receive the

agreed price, minus costs not yet made.

12.6 Unless expressly agreed otherwise, the Photographer is

at complete liberty to choose the suppliers and third parties

with whom he will work in order to carry out the commission

contract, including models and stylists.

13. Internet

13.1 In the event that the usage of Photographic Works on

the Internet is agreed, the Other Party shall ensure that the

size of the Photographic Works shown does not exceed 800

by 600 pixels.

13.2 The Other Party shall not make any copies of the

Photographic Works – digital or otherwise – other than those

that are strictly required for the agreed usage on the Internet.

At the completion of the agreed usage, the Other Party shall

erase or destroy the used (working) copy(ies) of the

Photographic Works.

13.3 The Other Party shall provide the Photographer with

unlimited access free of charge to each part of its website on

which the Photographic Work is reproduced. If special

arrangements need to be made to achieve this, then the

Other Party will ensure these are made.

14. Copyright

Copyright of the Photographic Works is owned by the

Photographer.

15. Licence

15.1 Use by the Other Party of a Photographic Work requires

prior written consent in the form of a licence the nature and

scope of which is described by the Photographer in the offer

and/or the confirmation of the commission and/or the relevant

invoice.

15.2 If the scope of the licence is not specified, it shall not

extend beyond the right to one single use, in original form and

for a purpose, circulation and method as intended by the

parties at the time they enter into the agreement, in

accordance with the interpretation of the Photographer.

15.3 In the absence of a specifically-agreed method of

publication and/or described purpose and/or described

circulation, the only authority deemed to have been conferred

is that which is included in the licence as standard or which,

given the nature and scope of the agreement, necessarily

follows from this.

15.4 If the Photographer has given permission for image

manipulation, electronically or otherwise, the result may only

be used once explicit written consent has been obtained.

16. Sub-licences

Unless otherwise agreed, the Other Party is not entitled to

grant sub-licences to a third party.

17. Infringement of copyright

17.1 Each unauthorized use of a Photographic Work is

deemed to be an infringement of the Photographer’s

copyright.

17.2 Any infringement entitles the Photographer to claim

compensation of at least three times the licence fee usually

charged by the Photographer for such type of use, without

losing any right to claim compensation of other damages

(including the right to compensation of all direct and indirect

damages and all judicial and extra-judicial costs actually

incurred).

18. Photographer’s credit

18.1 The name of the Photographer should be clearly credited

alongside the Photographic Work used, or included elsewhere

in the publication with reference to the Photographic Work.

18.2 Failure to comply with this condition entitles the

Photographer to claim compensation of at least 100% of the

licence fee usually charged by the Photographer for such a

type of use, without losing any right to claim compensation of

other damages (including the right to compensation for all

direct and indirect damages and all judicial and extra-judicial

costs actually incurred).

18.3 If the Other Party has obtained written consent to

reproduce in whatever form the Photographic Work, it shall

ensure that the name of the Photographer accompanies these

reproductions. In the case of digital/electronic copies, the

Other Party shall also ensure that the entire metadata that

was included in the digital file by the Photographer –

information according to the EXIF, IPTC, XMP and ICC

standards - shall be preserved.

19. Moral rights

19.1 The Other Party shall always respect the moral rights of

the Photographer in accordance with Article 25 (1)(c) and (d)

Aw when reproducing or publishing a Photographic Work.

19.2 Any infringement of these moral rights entitles the

Photographer to claim compensation of at least 100% of the

licence fee usually charged by the Photographer for such a

type of use, without losing any right to claim compensation of

other damages (including the right to compensation for all

direct and indirect damages and all judicial and extra-judicial

costs actually incurred).

20. Third party rights

20.1 If the Other Party publishes a Photographic Work, it is

solely responsible for obtaining the consent of those persons

depicted and/or other legally entitled parties. The Other Party

indemnifies the Photographer from all claims relating to the

same.

20.2 The Photographer is obliged to cooperate in tracing the

persons referred to in this article.

21. Liability of the Photographer

The Photographer is not liable for any loss suffered by the

Other Party unless such loss is caused by the gross

negligence or deliberate act of the Photographer or any third

party acting on his behalf. Any liability is limited to the amount

of the invoice or, if and insofar as damage is insured, up to

the amount of the sum actually paid out under the insurance

policy.

22. Bankruptcy/moratorium

The Photographer and the Other Party are each entitled to

terminate the agreement with immediate effect if the Other

Party becomes bankrupt or is granted a moratorium. In the

event of the bankruptcy of the Other Party, the Photographer

has the right to terminate the licence, unless the

consequences of doing so would be in breach of the

principles of reasonableness and fairness.

23. Choice of law and forum

23.1 All matters governed by these General Terms and

Conditions are subject to Dutch law.

23.2 The Vienna Sales Convention 1980 (CISG) shall not

apply.

23.3 Any dispute concerning the wording and explanation of

these General Terms and Conditions and a legal relationship

between the Photographer and the Other Party shall be

brought before the court with relevant jurisdiction in the

Netherlands.

DuPho, Association of Dutch Photographers, 

Piet Heinkade

181-K, 1019 HC Amsterdam

     

FOTOSHOOTS  PRIJZEN  ALGEMENE VOORWAARDEN  DE FOTOGRAAF



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© Gemma Roordink Vakfotografie
Fotograaf Fotografie Groningen, Drenthe, Friesland, Nederland.
Uw freelance fotograaf, bedrijfsfotograaf, studiofotograaf, portretfotograaf , babyfotograaf, kinderfotograaf, zwangerschapsfotograaf, reportagefotograaf en reisfotograaf. Gespecialiseerd in bedrijvenfotografie, bedrijfsfotografie,  bedrijfsportretten, bedrijfsreportage, studiofotografie, portretfotografie, babyfotografie, newborn - fotografie, kinderfotografie, zwangerschapsfotografie, zwangerschapsreportage,
 documentaire fotografie, reportagefotografie, sociale fotografie, algemene fotografie
en reisfotografie, reisreportage , fotoshoot, fotosessie op locatie.
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in Groningen.  Fotograaf in Drenthe.  Fotograaf in Friesland

 


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