Studio Karen Zuo (with registered KVK number: 89458370)
1. Definitions In these General Terms and Conditions the following definitions apply: Aw: Copyright Act 1912 Photographic work: photographic works as referred to in Article 10, paragraph 1, sub 9 of the Aw, or other works within the meaning of the Aw, which can be equated with the photographic works in question. stated. Photographer: the user within the meaning of art. 6:231 BW. Other Party: the other party within the meaning of art. 6:231 BW. Use: reproduction and/or publication within the meaning of Article 1 jo. 12 and 13 Aw.
2. Application
These General Terms and Conditions apply to all legal relationships between a Photographer and an Other Party, including quotations, order confirmations and oral or written agreements, even after termination of an agreement, unless the parties have expressly deviated from these terms and conditions in writing.
3. Fee and deposit
3.1 If the parties have not agreed on a fee, the Photographer will determine the fee unilaterally and in accordance with reasonableness and fairness, taking into account the size and scope of the use of the work desired by the Other Party.
3.2 Necessary costs and/or additional work must be reimbursed by the Other Party.
3.3 Studio Karen Zuo requires a deposit of 1/4 of the package rate when booking the shooting date.
3.4. This down payment must be paid within 14 days after agreed date to be considered. If the deposit has not been paid after this date, the order can be canceled.
3.5 Reserving wedding photography is not without obligation and the deposit will not be refunded after cancellation by the client.
3.6 If the client reschedules the wedding and the photographer is no longer available, the deposit will not be refunded and will be considered a cancellation by the client.
4. Invoice and payment
4.1 Payment must be made within 14 days of the invoice date.
4.2 If Studio Karen Zuo has not received the amount due within the period referred to in 4.1, the Other Party is liable to pay statutory interest plus 2% on the invoice amount.
4.3 If the Other Party is in default or has otherwise failed to fulfill one or more of its obligations, including copyright infringement, all costs incurred by Studio Karen Zuo to obtain satisfaction in and out of court will be borne by the Other Party. .
4.4 No use of the Photographic Work in any way whatsoever is permitted as long as the Other Party has not yet paid any outstanding invoice from the Photographer.
5. Complaints
Complaints and comments regarding the work delivered must be communicated to the Photographer in writing/by email as soon as possible, but in any case within ten working days after delivery of the Photographic Works. Studio Karen Zuo has the right to deliver complited work for rejected work within a reasonable period, unless this would lead to disproportionate damage for the Other Party.
6. Assignment
6.1 Studio Karen Zuo has the right to carry out everything that is not expressly described in an assignment agreement according to its own technical and creative insight.
6.2 Changes to the assignment by the Other Party for whatever reason will be borne by the Other Party and will only be carried out by the Photographer after a separate quotation for additional costs has been signed for approval by the Other Party and returned to the Photographer. This also applies to approval via email.
6.3 In the event of cancellation of an assignment agreement by the Other Party at any time and for any reason, the Photographer is entitled to the agreed compensation. In the event of cancellation, the non-professional client is only owed a reasonably determined part of the fee, taking into account the work already performed.
6.4 Reserving wedding photography is not without obligation and the deposit will not be refunded after cancellation by the client. In the event that Studio Karen Zuo itself is unable to execute the agreement due to force majeure, you are entitled to a refund of (the already paid part of) the deposit.
6.5 Weddings may be rescheduled free of charge, provided there is a thorough reason due to powerlessness. Rates will be applied at all times during the year in which the assignment will take place.
6.6 If you cancel within 2 months before the wedding date, the starting rate of 6 hours will be charged.
7. Copyright
The copyright on the Photographic works rests with the photographer.
8. License
8.1 Permission for the use of a Photographic Work by the Other Party will only be granted in writing/by email and in advance in the form of a license as described by the Photographer in terms of nature and scope in the quotation and/or order confirmation and/or the supervisory authority there to see in the invoice.
8.2 If nothing has been determined regarding the scope of the license, it shall never include more than the right to one-time use, in unchanged form, for a purpose, circulation and manner as agreed by the parties when entering into the agreement in accordance with the understanding of the Photographer, have meant.
8.3 Exclusive exploitation must always be explicitly agreed in writing and is not covered by the exploitation right referred to in Article 8.2.
8.4 The Other Party is not permitted to transfer the exploitation right described in this article to third parties without the prior written permission of the Photographer.
8.5 Unless otherwise agreed, the Other Party is not authorized to grant sublicenses to third parties.
9. Copyright infringement
9.1 Any unauthorized use of a Photographic Work will be considered an infringement of the Photographer's copyright.
9.2 In the event of infringement, the Photographer will be entitled to compensation amounting to at least three times the license fee usually charged by the Photographer for such a form of use, without losing any right to compensation for other damage suffered (including the right to compensation for all direct and indirect damage and all actual judicial and extrajudicial costs).
10. Attribution and Personality Rights
10.1 The name of the Photographer must be clearly stated next to a Photographic work used, or included in the publication with a reference to the Photographic work.
10.2 When reproducing and publishing a Photographic Work, the Other Party shall at all times take into account the personality rights of the photographer in accordance with Article 25(1)(c) and (d) of the Dutch Civil Code. 10.3 For any infringement of the personality rights accruing to the Photographer under Article 25 of the Copyright Act, including the right to name mention, the Other Party owes compensation of at least 100% of the license fee usually charged by the Photographer, without losing any right to compensation for other damage suffered (including the right to compensation for all direct and indirect damage and all actual judicial and extrajudicial costs).
11. Liability and rights of third parties
11.1 The Photographer is authorized to enter into this Agreement and grant the aforementioned License. 11.2 The Photographer is not liable towards the Other Party for claims from third parties and/or damage arising from the exploitation and publication of the Work, unless there is gross negligence or intent on the part of the Photographer.
11.3 The Photographer's liability is in any case limited to the amount of the invoice or, if and in so far as there is insured damage, to the amount of the amount actually paid out under the insurance.
11.4 If third parties announce or bring a claim against the Photographer and/or the Other Party with regard to the Work, the Other Party and the Photographer will, in mutual consultation.