TERMS & CONDITIONS

 

GENERAL 

 

1. After receiving the quotation proposal you are required to return the quotation with a signature. Failure to return the signed quotation does not, however, invalidate the agreement on date & price of the shoot nor absolve you from the acceptance of the Terms & Conditions laid out in it.

2. All photographic services and optional extras specified in this contract are paid for 50% upfront and 50% within 10 days after the shooting day.

3. The client(s) will be liable to pay any additional expenses incurred by the photographer(s) not already included within the quotation price. This includes for example access fees charged by some venues, and dispatch of prints, discs etc.

4. Travel expenses (other than specified in the quotation summary) need to be covered at full cost before the journey takes place.

5. The 50% prepayment for the amount specified in the quotation summary (paid by bank transfer) along with a completed signed quotation will confirm your booking.

6. The 50% prepayment is deducted when calculating the final balance due.

7. You have the right to cancel within 14 days (cooling-off period) after you have paid the downpayment. In this case, you will be refunded 50% of the prepaid amount.

8. The photographer will decline any other enquiries for the date upon receiving this downpayment. The booking fee is payable within 5 working days from the date of booking (when the signed quotation has been received by email by the photographer). After this time the reservation will be automatically removed and the date will become open for booking.

9. A discount of 5% on the total balance if available if payment in full is made within 5 days of the booking being confirmed.

 

PROPERTY RIGHTS

 

1. Rebekka Elizabeth Oomens (hereinafter the "Photographer") is the exclusive owner of the intellectual property rights of all the works described/offered in this proposal (hereinafter the "Content").

2. Without prejudice to the above mentioned, the Client herewith recognises and accepts that all the works developed by the Photographer and/or its suppliers or licensors, namely, but not limited to, texts, images, brands and/or logos, are protected by intellectual property legislation, namely, by copyright and industrial property rights, their property or license belonging to the Photographer and/or its suppliers or licensors and may not be copied, edited, imitated or used, in whole or in part, without the prior written authorization of the Photographer or the holder of the applicable intellectual property right(s).

3. With the payment of the price, the Client shall have an exclusive worldwide license to use the Content developed during the contracting period.

4. The above-mentioned license strictly includes the uses mentioned on the proposal and no others.

5. The Client, despite the license agreement, is not allowed to retouch, edit, or crop any of the Content.

6. Any use other than the above mentioned may only be made after express and written authorization by the Photographer and subject to the conditions imposed by the Photographer.

7. The Client expressly accepts that any of the Content may be included in the Photographer’s portfolio.

8. The Content author's name, Rebekka Eliza, must always be explicitly mentioned whenever Content is used, namely in social media.

9. The Client undertakes not to make any abusive use of the Content.

10. The Client undertakes to fully reimburse the Photographer for any indemnities, costs or expenses that the Photographer supports as a result of claims of any kind or nature that are directed against the Photographer by third parties, based on any infringing and/or abusive use of the Content.

11. The Client may not, during or after the end of the provision of the service, in any way, dispute the intellectual property rights of the Photographer, committing itself not to acquire and or use, even in an attempted manner, in any way, including, but not limiting, by paying or free of charge, exchange, licensing, rental, registration or deposit of the Photographer 's intellectual property rights.

12. Without prejudice to the above mentioned, the Client explicitly and irrevocably undertakes, in case of any infringement of the present agreement, to indemnify the Photographer on the amount of 5x photographers day rate, as a penalty clause, without prejudice to the duty to indemnify any excess damage.

By awarding the Photographer's proposal, the Client expressly accepts these terms and conditions that will regulate the provision of its service