Pure Life Fotografie
general terms and conditions
Article 1 – Definitions
- For the purposes of these general terms and conditions the subsequent terms are defined as follows:
- “Agreement” is the written agreement signed between Pure Life Fotografie and the Client, involving the specific details of the Services to be rendered;
- “Client” is the person or organization to whom the invoice is addressed, regardless of whether or not the Client is acting for a third party;
- “Event” refers to any event, situation, scene, festivity or occasion for which Pure Life Fotografie is hired to provide her Services;
- “Image” includes a photograph, transparency, negative, digital scan, design, artwork, video, or any other item which is produced by Pure Life Fotografie for the Client;
- “Online Gallery” is the digital platform to which Pure Life Fotografie provides the Client access and from which the Images of the Event can be seen/downloaded;
- “Package” is the specific collection of Services that parties refer to in the Agreement;
- “Reproduction” includes any form of publication or copying of the whole or part of any image and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;
- “Services” refers to any (photographic) services and coverage that Pure Life Fotografie renders to her Client.
Article 2 – Pure Life’s responsibilities and rights
- Pure Life Fotografie performs photographic services for Client at the Event specified in the Agreement in a professional, workman like manner according to the prevailing standards in the industry. Pure Life Fotografie may employ one or more assistants.
- Pure Life Fotografie will receive a copy of the invitation (only applicable for weddings) from the Client prior to the Event.
- Pure Life Fotografie is not responsible for the impact on the final product as a result of any interference caused by guests or other vendors at the Event, guidelines or rules of the official performing the ceremony or the venue.
- Pure Life Fotografie will make every effort to obtain, but cannot guarantee delivery of, any specific Images requested by the Client because of Pure Life Fotografie’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.
- If Pure Life Fotografie is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Pure Life Fotografie reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, Pure Life Fotografie shall not be obligated to refund any of the fees paid by the Client because of such action.
- Pure Life Fotografie reserves the right to refuse an assignment based on the nature of the assignment.
Article 3 – Reservation, retainer and payment
- A signed Agreement and the retainer deposit are required to reserve the specified coverage.
- The retainer deposit of 50% of the total Package is due at the signing of the Agreement, at which time Pure Life Fotografie commits to being available to the Client on that date. The remainder of the Package amount is due prior to delivery of the Online Gallery (see article 10). Pure Life Fotografie will provide client the invoice for both payments by e-mail.
- Pure Life Fotografie’s prices may be changed at any time without further notice.
- The retainer deposit is non-refundable, except for the cases as specified in articles 5 sub 1 and article 14 sub 1.
- In the event that the Client fails to remit payment as specified above, Pure Life Fotografie shall have the right to immediately terminate the Agreement with no further obligation to refund money (including the aforementioned retainer), to attend the Event or to supply Images.
Article 4 – Event changes, cancellation/reschedule policy
- Pure Life Fotografie must be notified of any changes in schedule or location, immediately or at least 1 day in advance of the scheduled Event date. If Client notifies Pure Life Fotografie by phone, a written confirmation (e.g. email, Whatsapp) must be sent immediately after such notification, though at least 1 day prior to the Event.
- If the date of the Event changes, and notice is not given the period specified above, then Pure Life Fotografie shall be entitled to the retainer amount as liquidated damages for having to reschedule the Event. The retainer amount will need to be repaid upon booking the new date, subject to Pure Life Fotografie’s availability. If the rescheduled date is available, the Client may transfer their purchased Package to that date.
- The Client acknowledges there may be additional fees for the same Package when moving the date from one date to another.
Article 5 – Weather Policy / force majeure
- If Pure Life Fotografie is unable to attend the Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, or other acts beyond the parties’ control, then Pure Life Fotografie shall return all money paid by Client (including any retainer), and the Agreement shall immediately terminate.
- If the Client has been contacted and advised to reschedule due to the Pure Life Fotografien’s concerns about weather, and the Client still proceeds with the session and it rains, limiting the time and or photos that were able to be taken, the Client will be charged for an additional session at the Pure Life Fotografie’s hourly rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the Pure Life Fotografie’s discretion to cancel the session if bad weather persists.
- If the client has been contacted and advised to reschedule due to the Pure Life Fotografie’s concerns about the weather, and the client decides to reschedule, the client will not be charged to do so. The client will then be put on first alert for their session and able to have their session even on non-session days.
Article 6 – Additional Fees and tardiness
- In the event that the Client specifies a certain location to be used during the shoot, the Client is responsible for all location fees involved such as location access fees, parking, etc. The Client is also responsible for arranging the location access and any permits/passes related to doing so. In case of
multiple locations, the travel time does count towards the total amount of the session time.
- Additional fees apply added time or any products/prints/services not specified in the Package purchased.
- Pure Life Fotografie will provide coverage for the dates, locations and continuous hours specified in the Agreement. Additional travel or coverage hours may be added by agreement on the Event day and must be paid in full before the Images are released to the Client.
- In the event that the Client is late to the appointment set, the Client’s session will still be for the same scheduled ending time. Extension of the scheduled time is subject to additional cost and Pure Life Fotografie’s availability.
Article 7 – Meals
In case of coverage of an Event during which meals are provided to the guests, Client shall arrange with the caterer for a meal to be provided to Pure Life Fotografie’s photographer plus 1 assistant (if applicable).
Article 8 – Cooperation
The Client shall assist and cooperate with Pure Life Fotografie in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at Pure Life Fotografie’s direction; pre-shoot consultations etc. Pure Life Fotografie shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation or for missed images due to details not revealed to Pure Life Fotografie beforehand.
Article 9 – Props, appearance and outfits
- The Client is responsible for bringing any props they want to be photographed with. In the event that the Client has forgotten a prop for the session and wants photos with that prop, the Client will be charged for an additional session at Pure Life Fotografie’s hourly rate to reschedule or shoot additional photos.
- At any time the Client is responsible for checking appearances, make-up, dress etc. prior to the photo shoot. In case the Client would like to take additional/other photos due to appearance in the previous session, the Client will be charged at Pure Life Fotografie’s regular hourly rate. In case of rescheduling, article 4 applies.
- The amount of time it takes to change into those outfits does count towards the total amount of the session time.
Article 10 – Image Delivery
- The Online Gallery shall be delivered no later than 21 days from the date of the Event, provided that all invoices have been paid in full by the Client. Once Images have been delivered to the Client, it is the Client’s responsibility to back up the photos as it is no longer Pure Life Fotografie’s responsibility. Pure Life Fotografie will not be responsible for providing replacement if the Client does not back up the Images provided.
- The Online Gallery will be provided with photos in both high and low resolution and in color and black and white finishing. Limited color corrections and/or retouching are included at Pure Life Fotografie’s discretion. The Client may request further changes for an additional charge.
- Pure Life Fotografie is not responsible for any prints that are not ordered directly from her. For best results, the Client should order their prints through Pure Life Fotografie.
Article 11 – Image Standards
- It is Pure Life Fotografie’s standard operating procedure to cull through all the original images and narrow down the best ones up to Pure Life Fotografie’s standards. Pure Life Fotografie will edit the Images based on Pure Life Fotografie’s preferences and provide the Client with the best Images from the Event. The amount may vary depending on the amount of coverage purchased for the Event. Pure Life Fotografie is not obligated to let the Client see all the unedited, raw files from the Event due to the nature of her editing formulas and the artistic vision Pure Life Fotografie aims to produce.
- Pure Life Fotografie will use her professional judgment and sole discretion to select which Images to deliver. Such selection shall constitute all Images that will be made available to the Client. Pure Life Fotografie makes no undertaking to keep any files not intended for use.
- Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
Article 12 – Exclusivity
The Client agrees that Pure Life Fotografie is the exclusive photographer at the photo session and other photographers, family, friends or amateurs may be asked to stop photographing if Pure Life Fotografie finds it intrusive. Pure Life Fotografie is not responsible for missed shots due to such photographer’ flashes going off, or from them blocking the events taking place.
Article 13 – Usage and reproduction rights, copyrights, model release
- All photographs taken by Pure Life Fotografie at the Event, in whatever form, are copyright protected. Pure Life Fotografie will allow reproduction and publishing for personal or internal use only, which refers to wall hangings at home or within a company, postings on Facebook, blogs, publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises or editorial use in the Client’s intranet site. Parties may agree on other specific usages in the Agreement. Any sale or publication for profit or other commercial use without Pure Life Fotografie’s express written permission is a violation of copyright law.
- In the case of printed publications, one copy of the relevant pages containing any image supplied is to be furnished to Pure Life Fotografie free of charge within two weeks. In other media, evidence of use must be made available if requested.
- Pure Life Fotografie retains copyright in all images taken at the Event. The Images provided to the Client contain a watermark/logo. Online usage of the photos must contain the logo in order to be legal. Violators of this law will be subject to its civil and criminal penalties.
- Reproduction rights (if and when granted) are strictly limited to the use and period of time specified in the Agreement. Pure Life Fotografie reserves the right to charge a reproduction and/or publishing fee.
- Reproduction rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
- Any reproduction without Pure Life Fotografie’s written consent and/or payment of the reproduction fee (if applicable), constitutes an infringement of rights and a breach of the Agreement, resulting in a penalty of € 250,00 for each infringement or each day that the infringement continues and entitling Pure Life Fotografie to rescind the Agreement and rendering the Client liable for the payment of damages.
- The Client grants Pure Life Fotografie unrestricted usage rights and copyrights to use and publish photographs in any manner or medium. The Client grants Pure Life Fotografie permission to use Images taken within this session in sample albums, marketing materials, editorial, online web presences, including but not limited to website, social networks, blog, etc. Images may also be used in photographic competitions and for publication in which case the client will release all profits from Images. In the event that the Client wishes the Images to be kept private and not displayed anywhere publically, on the internet or otherwise, the Client should notify Pure Life Fotografie prior to signing the Agreement.
- Client hereby agrees that Pure Life Fotografie may reproduce, publish, exhibit, and otherwise use images from the models taken at the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images
- This article applies to all Events and assignments, unless expressly agreed otherwise in writing between parties. Additional fees apply in case of copyright release or transfer to the Client.
Article 14 – Limit of liability / indemnification
- In the unlikely event that the Pure Life Fotografie is injured or becomes too ill to photograph the Event, Pure Life Fotografie will provide the Client with contact details of other photographers for replacement. Additionally, Pure Life Fotografie’s responsibility and liability is limited to the return of all payments received up to that point.
- Pure Life Fotografie takes the utmost care with respect to exposure, transportation, and processing the Images. However, in the unlikely event that Images have been lost, stolen, or destroyed for reasons within or beyond Pure Life Fotografie’s control, Pure Life Fotografie’s liability is limited to the return of all payments received for the Event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. In no event shall Pure Life Fotografie be liable for special, incidental, consequential, or punitive damages, even if client informs Pure Life Fotografie of circumstances that would give rise to such damages.
- Pure Life Fotografie shall take all reasonable steps to protect the Images that are recorded at the Event until such time as the Online Gallery is delivered to Client. Once the Online Gallery has been delivered, Pure Life Fotografie shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.
- Client hereby acknowledges that Pure Life Fotografie may be limited by the guidelines or rules of the official performing the ceremony (e.g. a wedding event) or the venue, and to hold Pure Life Fotografie harmless for the impact such restrictions may have on the final product.
- Pure Life Fotografie is not responsible for Images lost, damaged or not taken due to situations out of studio’s control, including but not limited to weather, uncooperative person(s) involved in the Event, etc.
- The Client agrees to indemnify Pure Life Fotografie in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any Image supplied to the Client by Pure Life Fotografie.
Article 15 – Miscellaneous
- The Agreement in combination with these general terms and conditions contain the entire understanding between Pure Life Fotografie and the Client. It supersedes all prior and simultaneous agreements between the parties.
- No variation of terms and conditions set out herein shall be effective unless agreed in writing and signed by both Pure Life Fotografieand the Client.
- If the parties want to waive one provision of this agreement, this does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have the waiver in writing.
- The Agreement shall be subject to and constructed according to the law in Belgium and the parties agree to accept the exclusive direction of the Belgians Court of First Instance.