Terms & Conditions - Photography
General Terms and Conditions for Photography
1. Definitions
1.1. In these general terms and conditions, the following definitions apply:
- "Photographer": Jill Caty, residing at Maretak 402/1 - 9250 Waasmunster, registered with the Crossroads Bank for Enterprises under VAT number BE 0568.773.356.
- "Client": the natural person or legal entity commissioning the photography session.
- "Photos": all visual material produced by the Photographer within the scope of an assignment.
2. Applicability
2.1. These general terms and conditions apply to all legal relationships between the Photographer and the Client, including quotes, agreements, and deliveries of services by the Photographer.
2.2. Deviations from these general terms and conditions are only valid if confirmed in writing by the Photographer.
3. Intellectual Property
3.1. The copyright to the photos remains with the Photographer at all times.
3.2. The Client is not permitted to edit the photos, including but not limited to applying filters, without prior written consent from the Photographer. Furthermore, the photos may not be fed into AI tools.
3.3. When making the photos public (for example, on social media), the Client must clearly credit the Photographer with: "Photo by Out of the Woods / Jill Caty" or a similar mention (e.g. @out_of_the_woods_15).
4. Use of Images by the Photographer
4.1. The Photographer reserves the right to use the photos taken for her own promotional purposes, including but not limited to use on her website, portfolio, social media, photo exhibitions, and in printed materials.
4.2. If the Client does not wish the photos to be used for promotional purposes, this must be explicitly communicated in writing to the Photographer before the start of the assignment.
4.3. Upon receipt of a written request from the Client not to use the images for promotional purposes, the Photographer will confirm in writing whether she agrees to this request. Only after this written confirmation is the use of the images by the Photographer prohibited.
4.4. The Photographer will respect the privacy and wishes of the Client, but reserves the right to use or share the images in exceptional cases, such as for legally required purposes or legal disputes.
5. Delivery of Images
5.1. The Photographer will deliver the photos digitally via a password-protected online gallery within two weeks following the photo shoot. For weddings, photos will be delivered within four weeks in the same manner.
5.2. The Photographer reserves the right to decide which photos are delivered and to withhold photos that, in her professional judgment, are not representative.
5.3. The Client will not be granted access to RAW files or unedited files. Only the photos edited and delivered by the Photographer will be made available to the Client.
6. Advances and Payments
6.1. Prior to the photo shoot, the Client must pay a deposit of 25% of the total amount. This deposit must be paid within the agreed period after confirmation of the assignment.
6.2. The deposit is non-refundable, unless the assignment is cancelled by the Photographer or if the Client is affected by force majeure.
6.3. The remaining balance must be paid within seven days after delivery of the photos, unless agreed otherwise.
7. Cancellations
7.1. Cancellations by the Client must be made in writing.
7.2. In the event of cancellation by the Client within 14 days prior to the scheduled date of the photo shoot, the deposit will not be refunded.
8. Prices and Rates
8.1. Travel expenses are not charged, unless the photoshoot takes place outside Belgium.
8.2. All prices quoted by the Photographer, as well as agreed prices, always include 21% VAT, unless stated otherwise.
8.3. The final price may differ from the indicative price, depending on specific wishes or adjustments requested by the Client during the execution of the assignment.
8.4. The Photographer reserves the right to modify or supplement her general terms and conditions and rates in the interim.
8.5. In the event of a rate or terms change, the Client will be informed in a timely manner. If the Client does not agree with the modified rates, they have the right to cancel the agreement, provided this is done before the start of the assignment or within five days of receiving the notification.
8.6. Any price changes will not affect assignments already confirmed, unless changes result from statutory adjustments such as changes to the VAT rate or other mandatory government measures.
9. Online Availability of Images
9.1. The photos delivered by the Photographer will be made available in a password-protected online gallery with download security (PIN code) for a period of two weeks.
9.2. After this period, the online gallery will be closed and the photos will no longer be available online.
9.3. After taking the gallery offline, the Photographer will store the photos on an external hard drive for a period of one year. After that, all unselected images will be deleted, except for the final delivered selection which will be retained. It is recommended that the Client makes copies and/or backups of the delivered visual material. Afterward, only the delivered selection is kept, and all other photos are deleted.
9.4. Upon request of the Client, photos can be made available again for an additional fee, provided the photos are still available in the Photographer's archive.
9.5. Although the Photographer exercises the utmost care in storing the photos, she cannot be held liable for any loss of data caused by technical failures, defects, or other forms of data loss.
10. Liability
10.1. The Photographer is not liable for any damages, unless caused by intent or gross negligence.
10.2. The liability of the Photographer is in any case limited to the amount paid out by the Photographer's insurance company.
11. Force Majeure
11.1. In case of force majeure, which includes circumstances beyond the Photographer's control such as illness, accidents, or extreme weather conditions, the Photographer has the right to cancel or reschedule the assignment without incurring any obligation to pay damages.
11.2. In the event that the Photographer is unable to execute the assignment due to illness, accident, or other unforeseen circumstances, the Photographer will notify the Client as soon as possible.
11.3. If desired by the Client, the Photographer will do her best to arrange a replacement photographer, provided this is possible within the available time and while maintaining quality standards.
11.4. If it is not possible to arrange a replacement photographer, or if the Client does not agree to the proposed replacement, the assignment can be cancelled free of charge by both parties.
11.5. In the event of cancellation under this article, the Photographer is not liable for any damages arising from the cancellation or inability to deliver services.
11.6. Any deposits already paid will be fully refunded to the Client in this case, unless non-recoverable costs have already been incurred.
* Force majeure includes, among other things: loss of original files (due to server crash or theft), natural disasters such as storms and floods, war, atmospheric disturbances, utility service disruptions, operational failures, strikes, government measures, and non-delivery of materials by third parties.
12. Applicable Law and Disputes
12.1. Belgian law applies to all legal relationships between the Photographer and the Client.
12.2. Disputes shall initially be submitted to the competent court in the judicial district where the Photographer is established.
Note: These terms and conditions were originally drafted in Dutch. The English version was translated using Gemini (AI). In the event of any discrepancies or differences in interpretation between the translations and the original Dutch text, the Dutch version shall prevail.