Terms & Conditions

Sander de Wilde Photographic Brussels, Belgium VAT BE 0811.046.791

1. Scope

These Terms & Conditions apply to all quotations, assignments, services, sales of photographic products and other agreements between Sander de Wilde Photographic (“the Photographer”) and the client (“the Client”), unless otherwise agreed in writing.

By accepting a quotation, confirming an assignment, completing an order form or placing an order, the Client accepts these Terms & Conditions.

2. Quotations and assignments

Quotations are based on the brief and requirements known at the time of the quotation.

Changes to the brief, additional shooting time, additional images, locations, models, equipment, travel, production requirements or other services requested by the Client may result in additional charges.

Where reasonably possible, the Photographer will inform the Client of significant additional costs before they are incurred.

3. Fees and payment

Unless otherwise agreed in writing, invoices are payable within 30 calendar days of the invoice date.

For assignments requiring advance payment, a deposit or full payment may be required before the assignment takes place or before production begins.

All prices cover only the services and usage rights expressly specified in the quotation or invoice.

4. Late payment

In the event of late payment, the Photographer is entitled to charge late-payment interest at the statutory rate applicable to commercial transactions, in accordance with Belgian law.

The Photographer is also entitled to a fixed compensation of €40 for recovery costs, where permitted by law and provided that this compensation has been expressly agreed in these Terms & Conditions.

The Photographer may suspend further services, deliveries and/or the granting or continuation of usage rights until all outstanding amounts have been paid.

5. Copyright and usage rights

The Photographer remains the copyright holder of photographs created by the Photographer, unless copyright is expressly transferred to the Client in a separate written agreement.

Payment for a photographic assignment does not automatically transfer copyright or grant unlimited usage rights.

Unless otherwise agreed in writing, the Client receives only the usage rights expressly stated in the quotation or invoice.

Any usage rights may specify, among other things:

• the type of use;
• the media or channels;
• the territory;
• the duration;
• and, where relevant, the number or type of reproductions.

Use outside the agreed scope requires the Photographer's prior written agreement and may result in an additional fee.

The Client may not sell, sublicense, transfer or otherwise grant the photographs to third parties for purposes outside the agreed usage rights without the Photographer's prior written consent.

The Photographer's moral rights remain unaffected.

6. Original files and archive

RAW files, original digital files and other source materials remain the property of the Photographer unless otherwise agreed in writing.

Unless specifically included in the quotation or invoice, delivery of RAW files or other source materials is not included in the assignment.

The Photographer will make reasonable efforts to retain delivered photographs for future reference or reproduction, but does not guarantee permanent archival storage.

7. Client-supplied material and permissions

If the Client supplies photographs, artwork, logos, music, text, models or other material, the Client confirms that it has obtained all necessary rights and permissions for the Photographer to use that material for the assignment.

The Client is responsible for obtaining any permissions, releases or consents required for the intended use of the final photographs, including rights relating to persons, trademarks, artwork, locations or other protected material, unless otherwise agreed in writing.

8. Right of image

The Client is responsible for ensuring that any necessary consent for the use of identifiable persons in the photographs has been obtained, unless the Photographer has expressly agreed to arrange such consent.

The scope of any model release or other image-rights agreement shall be determined by the specific assignment and intended use.

9. Cancellation and postponement

If the Client cancels an assignment at short notice, the Photographer may charge a cancellation fee reflecting the work already carried out and costs or commitments that cannot reasonably be recovered.

For assignments cancelled within two working days of the scheduled start time, the Photographer may charge up to 100% of the agreed assignment fee, plus non-refundable expenses already incurred.

For cancellations between three and four working days before the scheduled start time, the Photographer may charge up to 50% of the agreed assignment fee, plus non-refundable expenses already incurred.

For longer notice periods, any cancellation fee will take into account the work already carried out and costs already incurred.

Postponement is treated as a cancellation unless another date is agreed with the Photographer.

Weather-related postponement or cancellation of outdoor assignments will be dealt with on a case-by-case basis, taking into account work already carried out and non-refundable expenses.

10. Delivery

The Photographer will make reasonable efforts to meet agreed delivery dates.

Unless a specific delivery date has been expressly agreed in writing, delivery times are estimates.

The Photographer is not liable for delays caused by circumstances beyond reasonable control, including illness, technical failure, transport or courier problems, third-party suppliers, government measures, strikes, extreme weather or other force majeure events.

11. Complaints

Complaints concerning delivered photographs, products or services must be notified in writing within 8 calendar days after delivery or completion of the assignment, or within 8 calendar days after the Client becomes aware, or reasonably should have become aware, of the alleged problem.

Complaints concerning an invoice must be made in writing within 8 calendar days of the invoice date.

A complaint does not suspend the Client's obligation to pay undisputed amounts.

12. Liability

The Photographer will perform the assignment with reasonable care and professional skill.

The Photographer is not liable for indirect or consequential loss, loss of profit, loss of business opportunity or loss of data, except where such limitation is not permitted by law.

Where liability is legally established, the Photographer's liability shall, to the extent permitted by law, be limited to the amount paid for the relevant assignment, excluding cases of intentional misconduct or other cases where Belgian law does not permit limitation of liability.

13. Client responsibilities and safety

The Client is responsible for providing accurate information and a suitable and safe working environment.

The Photographer may stop or refuse an assignment if working conditions are unsafe, unlawful or seriously inappropriate.

Any additional costs resulting from unsafe conditions, substantial changes to the brief or delays caused by the Client may be charged to the Client.

14. Promotional use

Unless otherwise agreed in writing, the Photographer reserves the right to use photographs created during an assignment for the Photographer's own portfolio, website, social media, competitions, exhibitions and promotional purposes.

Where the nature of the assignment requires confidentiality or restricted publication, the Photographer will respect the confidentiality or usage restrictions agreed with the Client.

15. Confidentiality

The Photographer will treat confidential information received from the Client as confidential and will not disclose it to third parties except where necessary to perform the assignment, where authorised by the Client, or where disclosure is required by law.

16. Workshops and courses

Workshops and photography courses are subject to the specific booking and cancellation conditions communicated at the time of booking.

Unless otherwise stated, workshop fees are non-refundable after the applicable cancellation deadline.

The Photographer may change the location, programme or schedule when reasonably necessary and will inform participants of significant changes as soon as possible.

The Photographer may refuse participation or ask a participant to leave if their behaviour is unsafe, disruptive or inappropriate. No refund will normally be due in such circumstances.

Participants remain responsible for their own equipment and personal belongings.

Photographs taken during workshops may only be used for personal, editorial or portfolio purposes unless the relevant persons and rights holders have granted the necessary permissions for commercial use.

17. Subscriptions

Where a subscription is offered, it will renew automatically unless terminated in writing at least one month before the end of the current subscription period, unless different terms are stated in the subscription agreement.

18. Applicable law and jurisdiction

These Terms & Conditions are governed by Belgian law.

Any dispute shall be submitted to the courts having jurisdiction under Belgian law.

19. Validity

If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The Photographer may update these Terms & Conditions for future assignments. The version applicable to an assignment is the version accepted by the Client at the time the agreement is concluded.