Terms and conditions

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Terms and Conditions:

  1. Terms and Definitions
    a. Picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;
    b. Reproduction includes any form of publication or copying of the whole or part of any picture 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;
    c. The Photographer (otherwise known as Niek Kamper) is the Author of the photograph or the Photographer;
    d. The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
    e. These terms and conditions represent the entirety of the agreement between the Photographer and the Client. Any variation is only applicable when agreed in advance and in writing;

  2. Copyright
    The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

  3. Ownership of Materials
    Title to all Photographs remains the property of the Photographer. When the License to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.

  4. Use
    The License to Use comes into effect from the date of payment. No use may be made of the Photographs before payment, without the Photographer’s express permission.

    Galery photos are royalty free images for editorial & social media use only. Do not edit or crop photos in any way. Photographer credit must be used. Publishing any photograph without using the correct photographer’s credit / by-line will result in a breach of copyright which may result in additional usage charges by the photographer. All other rights reserved.

  5. Exclusivity
    The Agency and Advertiser may be authorized to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the License to Use the Photographer shall be entitled to use the Photographs for any purposes.

  6. 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/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.

  7. Indemnity
    While the photographer takes all reasonable care in the performance of this agreement generally, I shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
    a. The Client agrees to indemnify the photographer 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 the photographer.
    b. It is the Client who must satisfy himself 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 or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify the photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained

  8. Payment
    Payment has to been done by banktransfer.

  9. Rejection
    Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

  10. Cancellation
    A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement.

  11. Right to a Credit
    If the box on the estimate and the license marked `Right to a Credit’ has been ticked the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

  12. Supply to Third Parties
    The license only applies to the advertiser and product as stated on the front of the form.

  13. Electronic Storage
    Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.

  14. Applicable Law
    This agreement shall be governed by the laws of The Netherlands.

  15. Variation
    These Terms and Conditions shall not be varied except by agreement in writing.