Terms & Conditions

These Terms and Conditions apply to all photography sessions booked with Bart-Jan Verhoef. For ease of use, standard bookings are governed by Sections 1 through 8. If your booking involves Commercial Use, Section 6.1 is replaced by Module C. If your booking is based on a Barter Agreement, Section 2 is replaced by Module D.

Standard Terms and Conditions (Private & Personal Use)

1. Introduction

These Terms and Conditions ("Agreement") govern the provision of photography services by Bart-Jan Verhoef ("Photographer") to the client ("Client"). By booking a session, the Client agrees to be bound by this Agreement.

2. Booking and Payment

2.1. Booking Fee: A non-refundable booking fee of 50% of the total price is required to secure the date and time of the session. This fee will be applied towards the total cost of the session.

2.2. Full Payment: The remaining balance must be paid in full no later than 48 hours before the scheduled session. If the full payment is not received by this date, the Photographer reserves the right to cancel the session and retain the booking fee.

2.3. Methods of Payment: Payments can be made via bank transfer.

3. Cancellations and Rescheduling

3.1. Client Cancellations: If the Client cancels the session less than 48 hours before the scheduled date, the Photographer will retain the booking fee and any additional payments made up to that point.

3.2. Rescheduling: The Client may reschedule the session once, provided they notify the Photographer at least 48 hours in advance. Rescheduling is subject to the Photographer's availability.

3.3. Photographer Cancellations: If the Photographer needs to cancel the session due to unforeseen circumstances, the Client will be offered a full refund or the option to reschedule the session at no additional cost.

4. Session Details

4.1. Location: The session will take place at the agreed-upon location. Any changes to the location must be communicated to the Photographer at least 48 hours before the session.

4.2. Duration: A personal portrait session takes 60-90 minutes. Commercial shoots or other photography types will take the specific duration agreed upon in writing.

4.3. Punctuality: The Client must arrive on time. Any delays caused by the Client may result in a shorter session time.

5. Deliverables

5.1. Photographs: For personal portrait shoots, the deliverable remains 10 (mini-shoot) to 15 (standard shoot) edited digital photographs within 2 weeks. For other types of shoots, the number of photographs and the delivery timeline will be whatever is agreed upon in writing (such as in your email conversation or a specific project proposal).

5.2. Editing: Standard retouching and editing are included in the session fee. Any additional retouching requested by the Client may incur extra charges.

5.3. Delivery: Photographs will be delivered via an online gallery. The Client will receive high-resolution digital files suitable for printing.

6. Usage Rights

6.1. Client Usage (personal): The Client is granted a non-exclusive, non-transferable license to use the photographs for personal, non-commercial use only (e.g., personal social media, private prints). Commercial use, sub-licensing, or transferring the files to third parties is strictly prohibited without the Photographer's prior written consent.

6.2. Photographer Usage: The Photographer retains the copyright to all images and may use them for promotional purposes, including but not limited to portfolio, website, and social media, unless the Client requests otherwise in writing ahead of the booking.

7. Liability

7.1. Limitations of Liability: The Photographer will take the utmost care with respect to the capture, storage, and delivery of the photographs. However, in the unlikely event of technical failure or other unforeseen circumstances, the Photographer's liability is limited to the refund of payments received.

7.2. Indemnification: The Client agrees to indemnify and hold harmless the Photographer from any claims, damages, or expenses arising out of the Client's use of the photographs.

8. Miscellaneous

8.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Netherlands.

8.2. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and representations, whether oral or written.

8.3. Amendments: Any amendments to this Agreement must be made in writing and signed by both parties.

By booking a session with the Photographer, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.

Module C: Commercial Use Addendum

This module replaces Section 6.1 if the photography services are booked for commercial, business, or promotional purposes.

C1. Commercial License: The Business Client is granted a non-exclusive, non-transferable, and perpetual license to use the final delivered photographs worldwide for the Client’s own business promotion, website, social media, marketing materials, and internal communications.

C2. No Third-Party Distribution: The Client is strictly prohibited from selling, sub-licensing, renting, or distributing the photographs to third parties (including but not limited to partners, suppliers, media outlets, or vendors) without explicit prior written consent from the Photographer.

C3. Attribution: Where commercially reasonable and customary (e.g., in editorial pieces or press releases), credit shall be given to the Photographer as "Bart-Jan Verhoef".

Module D: Barter Agreement Addendum (Exchange of Services)

This module completely replaces Section 2 (Booking and Payment) if the session is agreed upon as a barter deal with a closed budget.

D1. Service Exchange: In lieu of monetary payment, the Photographer and the Client agree to a mutual exchange of services ("Barter Deal"). The specific services, deliverables, and timelines to be provided by the Client as a counter-performance must be agreed upon in writing prior to the photography session.

D2. Conditional License: The usage rights and licenses granted to the Client (whether personal under Section 6.1 or commercial under Module C) are strictly conditional upon the full and satisfactory delivery of the Client’s agreed counter-performance.

D3. Default and Invoicing: If the Client fails to deliver their agreed services or counter-performance within the predefined timeline, the Barter Agreement shall be considered void. The usage license for the photographs will be immediately suspended, and the Photographer reserves the right to invoice the Client for the full, standard commercial monetary value of the photography session. The Client agrees to settle this invoice within 14 days of receipt.

Contact details

Bart-Jan Verhoef

Frambozenstraat 47
2564 XK Den Haag

hi@bartjanverhoef.com

bartjanverhoef.com