Standard Terms and Conditions
You can download my standard terms and conditions for on-site photography here. Specific terms are applicable for purchase of fine-art images and digital image downloads. Please see the web shop for details. For convenience, the English version of these Terms and Conditions can be found below.
Standard Terms and Conditions for On-Site photography (English)
1. DAFOS will execute the work agreed to in the written confirmation to the client (“the Agreement”, which may be a simple exchange of e-mails), at the agreed fixed price.
2. Understanding the nature of many types of event, which can be unpredictable in timing, DAFOS will always endeavour to be as flexible as is reasonably possible to assure delivery of the required images. However, in the event of extreme over-run or of additional work requested during the execution of the job, the additional work may be invoiced at the fixed rate of €85 (excluding VAT) per full additional hour above the initially agreed time on site.
3. Where the agreed work requires images of specific individuals to be delivered, the client must ensure that a suitable, responsible person of their choice is available during the work, to point out these specific people to the DAFOS photographer.
4. Invoices are sent together with the agreed deliverables. Payment of the invoice is due within 30 days after the invoice date. Please quote the invoice number when paying. In the event of late payment, DAFOS may, without notice of default and as from 3 months after the invoice date, charge a lump-sum compensation equal to 10% of the total invoice value to cover administration costs, increased by 1% per month of additional delay (cumulative interest calculation).
5. Cancellation. If DAFOS is informed by the client at least 24 hours in advance of the cancellation of a job, no cancellation charge will be made. For late cancellation, please see article 6 below (“No-shows”). In the unlikely event that DAFOS unexpectedly cannot provide the service agreed, DAFOS will undertake all reasonable effort to ensure that a suitably experienced photographer will attend, at the same commercial conditions as described in the Agreement. If this is not possible, the maximum indemnity payable by DAFOS is limited by the same terms as described in article 6 below.
6. “No-shows”. In the event that the required photographic work cannot be executed due to “no-show” of any of the required people or other attributes at the event, DAFOS retains the right to invoice the time spent at the location at the rate of €85 (excluding VAT) per full hour, with a minimum of one hour, plus reimbursement of any travel costs that may have been agreed to in the Agreement. This charge will be waived in cases of force majeur. In the case of no-show or late arrival of the photographer, the maximum indemnity payable by DAFOS is limited to the total agreed price for the job up to a maximum of 200€ including all taxes and other charges. No indemnity is payable in cases of force majeur. (Force majeur indicates any unavoidable circumstance which the defaulting party could not reasonably be expected foresee, such as but not limited to industrial action, illness, accident, etc…).
7. DAFOS will deliver photographic images that comply with prevailing norms of perceived technical quality achievable by the equipment used, in the formats agreed to in the Agreement. Unprocessed or non-selected digital images will not be made available (this is to respect DAFOS’ own quality standards and to protect the dignity of individuals who may have been inadvertently photographed under non-ideal conditions). Discussion about the artistic quality of the (digital) images delivered cannot be entered into, nor can the quality or durability of prints made from them at the client’s own initiative be guaranteed. Colour matching: On request, DAFOS photography can make use of calibration techniques to assure rendering of colours as close as possible to those of the original. As technological limitations – in particular the possible variability of equipment used to view the images - cannot assure exact colour matching, DAFOS will ensure that as pleasing a match as possible is attained.
8. Model rights. Unless agreed otherwise, DAFOS retains the right to use any images taken during client jobs as part of their product portfolio for private viewing. Images will not be used under any circumstances for other purposes (for example, exhibitions or advertising thereof, sale to third parties, etc…) without the express and prior permission of the client or the persons involved. Conversely, the client is responsible for assuring that model rights of persons photographed by DAFOS are respected in their further use of the images delivered.
9. Copyright. DAFOS retains the copyright on all images delivered, unless otherwise agreed in advance. The images may of course be used by the client in the manner agreed to in the Agreement. For additional uses that were not foreseen in the Agreement (e.g. distribution to third parties for purposes other than private use), prior written permission must be sought from DAFOS. A note on social networking Internet sites: Clients are welcome to post images delivered by DAFOS on such sites under their own responsibility, provided that the source of the images is recognized (e.g. by mentioning “Photos © DAFOS.BE” or similar text).
10. In the event of an irreconcilable dispute, the laws of Belgium and the judgment of the relevant, competent courts of Brussels shall prevail.
Note for fine-art print sales
Supplemental Terms and Conditions apply for online sales of fine-art prints and digital downloads. Please refer to the webshop documentation.