When booking a session or downloading or buying a photo, you agree to these terms of service. Any trade work agreed to by the photographer and another vendor is still subject to these terms and conditions.
Date last edited: 24-4-2025
- Definitions
For the purposes of this agreement, “The Photographer” is Niek Kamper trading as Niek Fotografie and “the Client” is the buyer of the photos, “Images” means any images furnished by The Photographer, whether photographs, prints or other type of physical or electronic material”.
- Copyright and Ownership of Materials
Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear on the reverse side of this Agreement.
- Right to a Credit
The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 (USA) or Directive 2004/48/EC of the European Parliamen (EU) or any amendment or re-enactment thereof. Please credit ‘Niek Fotografie’.
- Use
Client understands and agrees that it is not buying the Image(s) but is paying only for a licence to use the Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.
The term of licence begins from the date Photographer receives full payment of invoice and upon delivery of images.
Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark.
The use of any Image(s) by Client will not constitute a work of joint authorship.
Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.
Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.
Images posted on this website may be used for social media use only by individuals (no business use on social media).
- Exclusivity
The usage 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 work by the Client of such reproduction/usage rights/PR).
The Photographer reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client.
The Photographer retains the right in all cases to use the Images covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.
- Client confidentiality
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him, save as to be reasonably necessary to enable the Photographer to carry out his obligations in relation to the work
- Cancellation or Postponement by the Client
When a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels photography within less than 7 days business of any confirmed date, a fee of 20% of the booked time rate will be charged. (ii) When a client cancels photography within less than 24 hours of any confirmed date/time, a fee of 50% of the booked time rate will be charged. (iii) When a client cancels photography on the day of the confirmed date, the full fee will be charged.
When a booking is confirmed, if it is subsequently postponed, the Photographer will at his discretion charge a fee for postponement.
In addition, the client may be charged for any expenses incurred by The Photographer as a result of cancellation or postponement.
- Cancellation by the Photographer
The Photographer will endeavour to put the Client in touch with another photographer in the event The Photographer is unable to attend on booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of such cancellation by The Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time.
- Rejection
Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.
- Charges and Timings
If The Photographer provides a quote to The Client, the fee will be charged at that agreed rate. The Photographer generally requests a brief at the time of booking (via email or verbally).
Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original brief by the Client or otherwise at their request, the Photographer will reserve the right to charge the Client extra expenses and fees.
If The Client changes the length of the job, the fee will increase as per the agreed hourly rate. If The Client is delayed or running late and the job runs into extra time again the fee will increase as per the agreed hourly rate. The Photographer will make The Client aware of timings and should the work run into extra time he will make the client aware of this and the associated costs. There is a mutual understanding between The Client and The Photographer that punctuality is important and respected by all parties.
If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief it will be made clear to the Client that The Photographer’s fee may increase. If the Photographer is unable to contact the client/payer of invoice at that time work will stop until contact has been made.
On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client.
If on arrival at a booked job there is an issue (outside of the Client or Photographer’s control) such as bad lighting or restrictions are in use of where the shoot is taking place, a fee may be charged to cover time.
Quoted fees include mileage up to 80 miles round trip. Additional mileage will be charged at 45 pence per mile thereafter.
Any congestion charges, road toll charges and parking costs will be billed to the client as a Photographer expense and will be added onto the invoice.
- Payment Terms and Payment
Payment terms are strictly 14 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing;
The Photographer reserves the right to charge interest at rate 10% every 2 weeks from the due date until the date payment is made.
If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 28 days from the issue date, and that The Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
- Liability and Indemnity
It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify The Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.
- Archiving of Images
While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.
Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
All digital files created by, or on behalf of, Client that contain any Image(s) will be deleted or destroyed within ten days after the expiration date of license.
- Acceptance of terms
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
- Amendments to these terms and conditions
Photographer reserves the right to amend or supplement these terms and conditions.
Changes will be communicated to the client by photographer in a timely manner and in writing.
If the client does not wish to accept a proposed change, he may, until the date on which the new general terms and conditions come into force, terminate the agreement by this date.
- Other provisions
If any provision of the agreement and/or the general terms and conditions is found to be void or voidable, the remaining provisions and the agreement shall remain in force.
All legal relations between Imca van de Weem Photography and client are governed by Dutch law.