Definitions

The Photographer: Joep Akkermans and/or Un4gettable Photography.

The Client(s): Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer. This also applies to any person, body of persons, firm, or Company that ticks the Terms & Conditions tick-box on the Webshop section of the Un4gettable Photography website.

Proof or Thumbnails: Samples of edited photos, in which Un4gettable Photography (The Photographer) holds all exclusive rights to. These will contain either Un4gettable Photography’s logo, watermark, or proof stamp.

It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting Thumbnails to social media sites, only in the case that Un4gettable Photography is credited and that thumbnails are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from thumbnails the photographer has uploaded to Facebook or to his website, or from the thumbnails offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.

Sitting Fee: Price for “non-tangible” portions of the photography session. This includes, but is not limited to The Photographer’s TIME: time spent PREPARING for shoot, time spent DURING the shoot, and time spent PACKING, CLEANING and STORING equipment after the shoot.

Preparation: Includes but is not limited to time e-mailing, setting up studio (bringing out necessary props, re-configuring lighting for shoot, sanitizing props that may be used with newborns and children, and so on).

All-in price: Sessions on-location include travel time. Also included in an all-in session fee are general expenses and wear and tear of props and equipment (including but not limited to memory cards, lighting, light stands, diffusers, light bulbs, props, camera, lenses, and editing equipment). Unless explicitly mentioned, all (all-in) price information include a license that only allows personal, non-profit usage of the goods and services.

Post-Production: Each photo takes approximated 20-30 minutes in post processing. This also includes time spent setting up Client’s online gallery and personalized shop.

Digital Purchases: High-resolution digital copies of the final images. When purchased, Client receives license for Royalty-free for personal use. The owner (“Owner”) of the copyrighted photograph or video being purchased (the “Work”), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, the Client(s) agree(s) to pay The Photographer the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by The Photographer, now or in the future.

Business usage: For a quotations that allows business usage of goods and services, please contact the photographer. Only through a written and signed agreement which states conditions and pricing for explicitly business usage of goods and services, the client(s) is (are) allowed to use the goods and services for business purposes under the conditions stated in the agreement. Unless explicitly stated otherwise, all prices include a license that only allows personal, non-profit usage of goods and services.

These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed and signed by the photographer in writing.

General

1. COPYRIGHT

i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.

ii. Client is never permitted to edit or alter any photo that is copyright of the photographer.

2. DISPLAY

i. The Photographer shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.

ii. Neither the client(s) nor any other party who may share ownership of the photographed subjects (whether in the past or future), will receive financial compensation of any type associated with the taking or publication of the photographs or participation in publications. The client(s) acknowledge(s) and agree(s) that publication of the photos confers no rights of ownership or royalties whatsoever and that participation is voluntary.

iii. The client(s) release(s) the photographer, its contractors, its employees and any third parties involved in the creation or publication of marketing materials from liability for any claims by the client(s) or any third party in connection with client’s participation.

3. INHERENT QUALITIES

i. The Client(s) is/are aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and the client(s) release(s) the photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, the photographer is not responsible for inevitable low-quality resulting from the client(s) printing from any and all non-professional printing labs, including, but not limited to HEMA, Kruidvat, Albelli. CeWe, etc. The photographer advises the cliënt(s) to order reproductions through Un4gettable Photography. If the cliënt(s) prefer(s) to outsource the reproductions elsewhere, the Photographer advises to select a professional photo lab like Whitewall, thus ensuring the best quality results.

ii. Handle your photo-products with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client(s). Specifically products that have Acrylic Glass covering the photo are sensitive to scratching and should be handled with extreme care.

4. SEVERABILITY

i. If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

5. MISCELLANEOUS

i. This Agreement incorporates the entire understanding of the parties (the client(s) and the photographer). Any modifications of this Agreement must be in writing and signed. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.

ii. This Agreement shall be governed by Dutch laws.

iii. The most recent Terms and Conditions, published on the website of Un4gettable Photography (www.un4gettable.eu), always supersede outdated hard copies. Please check the validity of your obtained version against the Terms and Conditions as published on the website.

Photoshoots and Event Photography

In addition to the above mentioned terms, for Photoshoots and Event Photography the following terms apply:

6. CREATIVE LICENSE, COVERAGE AND REPRODUCTION

i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.

ii. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather an the availability and willingness of subjects.

iii. For a booking involving a church ceremony or at certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.

iv. At certain venues or events accreditation is required to allow the photographer access to restricted areas. The client(-s) is (are) responsible for arranging such accreditation. Unless agreed in writing otherwise, costs involved with such accreditation are born by the cliënt(s).

v. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.

vi. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

vii. The Photographer reserves the right to edit and release only the images that are deemed creditable as professional in quality and within Un4gettable Photography’s standards.

viii. The client(s) is/are obtaining photography services for personal use only, and shall not sell prints nor digital copy’s. If the client(s) is/are obtaining a print for newspaper announcement of the event, editorial use or website, the photographer authorizes the client(s) to reproduce the print in this manner. In such event, the client(s) shall run a credit for the photographer adjacent to the photograph.

7. PAYMENT

i. In case of Event Photography (Event without or with limited individual photo product sales): A non-refundable booking fee of €200,00 will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer’s website. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.

ii. Payment in full of the remaining balance will be due two weeks before the date of the Photoshoot or Event, unless otherwise agreed in writing.

iii. Additional goods ordered must be paid for in full at the time of ordering.

iv. Titles to all goods remains with the photographer until paid for in full by the client(s)

8. FORCE MAJEURE

i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.

ii. The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to attend on the event date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.

9. DIGITAL NEGATIVE FILES

i. All digital negatives (RAW computer files) remain the property of the photographer and are never part of an order.

ii. Should the digital negative files be lost, damaged of destroyed, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.

10. ON THE DAY

i. The photographer will be the sole professional (still) photographer at the event. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day.

ii. If the photographer is present a full day, the photographer will use time to take a break. A meal is not a requirement, however one would be greatly appreciated.

iii. The photographer will stay to photograph until approximately 9pm. Any photography following this time will be at the discretion of the photographer or if expressly agreed in writing beforehand.

11. SAFETY

i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents or damage to goods during a photographic shoot.

ii. The photographer reserves the right to terminate coverage and the contract, and leave the location of the event(s) if the photographer representing Un4gettable Photography and/or its assistant(-s) experience(-s) inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.

12. CANCELLATION FEES

i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:

ii. In case of Event Photography (Event without or with limited individual photo product sales): Cancellation from the booking date and more than two weeks to go until the event: the booking fee of €200,00.

iii. Cancellation with less than two weeks to go until the event date: full price for the complete photographic coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.

13. DELIVERY

i. The photographer will endeavor to deliver the processed thumbnails as quickly as possible. However, depending on the volume of the order, this could take up to 4-6 weeks during busy periods.