Terms and Conditions of William Maanders Photography

Based on the General Terms and Conditions of DuPho (Dutch Professional Photographers)

1. Definitions

In these Terms and Conditions, the following terms have the meanings stated:

Aw: Dutch Copyright Act (Auteurswet) 1912.

Photographic Work: Photographic works as defined in Article 10, paragraph 1, section 9 of the Aw, or other works protected by the Aw that can be equated with photographic works.

Photographer: William Maanders Photography, acting as the user as defined by Book 6, Article 231 of the Dutch Civil Code.

Other Party: The client or contracting party as defined by Book 6, Article 231 of the Dutch Civil Code.

Usage: Reproduction and/or publication as defined in Article 1, in conjunction with Articles 12 and 13 of the Aw.

2. Application

These Terms and Conditions apply to all legal relationships between the Photographer and the Other Party. This includes offers, assignment confirmations, and oral or written agreements—also after the termination of an agreement—unless both parties explicitly agree otherwise in writing.

3. Price

3.1

If no price has been agreed upon, the Photographer will determine a reasonable and fair price based on the nature, scope, and intended usage of the Photographic Work by the Other Party.

3.2

Necessary expenses and/or additional work will be charged to the Other Party.

4. Invoice and Payment

4.1

Payment must be made within 14 days of the invoice date.

4.2

If payment is not received within the specified period, the Other Party is in default and liable for statutory interest plus 2%.

4.3

If the Other Party breaches any obligation under the agreement—including copyright infringement—the Other Party is liable for all judicial and extrajudicial costs incurred by the Photographer to obtain payment.

4.4

Any use of the Photographic Work is prohibited until all outstanding invoices have been paid in full.

5. Complaints

Complaints relating to delivered Photographic Work must be submitted in writing or by email within ten (10) working days after delivery. The Photographer may replace the rejected work within a reasonable period unless this would cause disproportionate harm to the Other Party.

6. Assignment

6.1

The Other Party must provide all relevant wishes or requirements for the assignment in writing and in good time before the assignment begins.

6.2

The Photographer will execute the assignment according to his own technical and creative judgment but will strive to take the client's wishes into account.

6.3

All assignments are considered best-efforts obligations, never obligations to achieve a specific result.

6.4

Any changes to the assignment requested by the Other Party will be at their expense and will be implemented only after the Photographer has provided a written offer for the additional costs, which must be approved and signed by the Other Party.

6.5

If the Other Party cancels the assignment—at any time and for any reason—the Photographer is entitled to the full agreed payment. A non-professional client will owe a reasonable portion of the agreed amount based on the work already completed.

7. Delivery

Digital files will be delivered in the agreed format and file type.

8. Illness / Force Majeure

8.1

The Photographer is not liable for non-performance or late performance resulting from force majeure.

8.2

Force majeure includes anything legally regarded as such, as well as all external causes, foreseeable or unforeseeable, beyond the Photographer’s control, including illness or temporary/permanent incapacity.

8.3

In cases of force majeure, obligations may be transferred—after consultation with the client—to another photographer designated by the Photographer.

8.4

If the Photographer has already partially fulfilled obligations at the time of force majeure, or can only partially fulfil them, the Photographer may invoice the completed portion, including expenses. The client must pay this invoice.

9. Copyright

All copyrights to Photographic Works remain with the Photographer.

10. Licence

10.1

The right to use a Photographic Work is granted exclusively in writing or via email, in the form of a licence. The nature and scope of the licence are described in the offer, assignment confirmation, and/or invoice.

10.2

If the scope of the licence is not specified, the licence is limited to one single use, in its original form, for the purpose, distribution, and medium intended at the time the agreement was made.

10.3

Exclusive usage rights must always be agreed explicitly in writing.

10.4

The Other Party may not transfer usage rights to third parties without the Photographer’s written consent.

10.5

Unless explicitly permitted, the Other Party may not issue sublicences.

11. Infringement of Copyright

11.1

Any unauthorized use of Photographic Work is considered a copyright infringement.

11.2

In case of infringement, the Photographer may claim compensation amounting to at least three times the standard licence fee for such use, without forfeiting the right to claim compensation for additional damage and costs, including legal expenses.

12. Credit and Personality Rights

12.1

The Photographer’s name must be clearly credited next to the Photographic Work or elsewhere in the publication.

12.2

The Other Party must respect the Photographer’s personality rights as defined in Article 25(1)(c)(d) of the Copyright Act.

12.3

Failure to credit the Photographer or infringements of personality rights entitles the Photographer to compensation of at least 100% of the usual licence fee, in addition to any other damages.

13. Liability and Third-Party Rights

13.1

The Photographer is authorised to enter into this agreement and issue the licence.

13.2

The Photographer is not liable for third-party claims or damage resulting from the use or publication of the Photographic Work, unless caused by gross negligence or intentional misconduct by the Photographer.

13.3

The Photographer's liability is limited to the invoice amount, or—if covered by insurance—to the amount paid out by the insurer.

13.4

If third parties bring claims relating to the Photographic Work, the Photographer and the Other Party will jointly decide whether and how to defend against such claims.

14. Bankruptcy / Moratorium

Both parties may terminate the agreement with immediate effect if the other party becomes bankrupt or is granted a moratorium. If the Other Party is declared bankrupt, the Photographer may terminate any licence granted.

15. Choice of Law and Forum

15.1

These Terms and Conditions are governed exclusively by Dutch law.

15.2

Any dispute relating to these Terms and Conditions, or the legal relationship between the Photographer and the Other Party, will be submitted to the competent court in the Netherlands.