Terms & Conditions for Sander de Wilde photographic

Terms & Conditions

Sander de Wilde photographic

Avenue Emile Max 28 1030

Brussels

www.sanderdewilde.com

TVA BE 08.11.046.791

Definitions "The Photographer" meaning Sander de Wilde, Brussels, Belgium. "The Client" meaning any person, body of persons, firm or Company with whom the Photographer enters into a contract/deal for the sale of goods or provision of services by the Photographer.

Acceptance of Terms and Conditions All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.

Copyright and Ownership In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorization, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer's stated payment terms.

Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer's invoice and/or quotation. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the license to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation. If the Client wishes to own the copyright and exclusive usage rights of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring these copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full. On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Photographer may contact the copyright holder of the said image to confirm that authorization to copy the image has been given. The Client agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party. UNLESS SPECIFIED IN writing, the Photographer makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trademarks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained. THE CLIENT WILL fully indemnify the Photographer against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions. All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. The Photographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee. Terms & Conditions page 2 The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.

Cancellation Fees / Overruns If a booking is cancelled by the Client within one or two working day of the starting time, the Photographer reserves the right to charge his full fee for the assignment. If a booking is cancelled within tree or four working days of the starting time, the Photographer may charge 50% of his fee. For cancellations/postponements due to weather conditions, the Photographer reserves the right to charge his full fee and expenses due to weather conditions on location. In such instances, the Photographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc), that he may have incurred prior or during the assignment taking place. The photographer may make additional charges should an assignment overrun which is beyond the control of the Photographer ( e.g. including but not limited to; the Client requesting additional photographs over and above the Client's original brief etc).

Payment Terms For all non-account Clients, payment for all products and services provided by the Photographer must be made upon completion of the assignment. In the event of total or partial non-payment by the customer within 14 calendar days (+ three working days if not by electronic means) after sending the first payment reminder, the outstanding amount will automatically and without further notice be increased by:

• €20 if the amount due is less than or equal to €150;

• €30 plus 10% of the amount due above €150;

• €65 plus 5% of the amount due above €500, with a total limit of €2.000.

1. In the absence of full payment by the customer within 14 calendar days (+ three working days if not by electronic means) of the sending of the first payment reminder, the customer shall automatically and without formal notice be liable for interest at the legal rate for late payment in commercial transactions, cf. article 5, paragraph 2 of the Law of August 2, 2002 on combating late payment in commercial transactions. This interest shall be calculated on the sum still to be paid.

2. In the event of a dispute only the authorized courts of the jurisdiction shall have the jurisdiction.

3. Complaints must be made by the customer by registered mail within 8 days of the invoice date.

4. As long as goods and services delivered have not been paid for in full they remain the property of the seller. Nevertheless, all the risks linked to the goods and services sold are transferred to the purchaser from the moment of delivery.

5. Subscriptions are renewed automatically, unless the subscription is terminated in writing on time, being at least one (1) month before the expiry of the term.

6. If the customer fails to meet his obligations, including his obligation to pay on time, we are entitled to stop further deliveries and services and to consider the agreement terminated by law and without further notice.

Retention of Title The Photographer reserves the right to retain all of the Clients materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made.

Fees and Expenses All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Photographer shall endeavor to provide an indication of what these additional charges will be.

Representation The Client shall ensure that there is an authorized representative present at the assignment to ensure the correctness of the Photographer's interpretation of the Clients brief. In the event of no Client representation, the Photographer's interpretation of the brief shall be deemed as correct.

Sizes and Color Matching Whilst every effort is made to meet the Client's requirements, all sizes quoted by the Photographer are approximate. The Client must inform the Photographer on occasions where accurate sizing is critical.

Delivery Shortages / Loss and Damage in Transit Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery. The Photographer will make reasonable endeavors to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Terms & Conditions page 3 Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge.

Confidentiality The Photographer acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law.

Conduct The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.

Delivery of Products and Services The supply of products and services are provided by the Photographer on a best endeavors basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavors to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/ acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.

Prices & Terms All prices shown within the Photographer's price list are subject to change without prior notice. The Photographer reserves the right to amend these Terms and Conditions without prior notice.

Rush Services The Photographer reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.