Article 1: Application

1. 1.1These general terms and conditions apply to all legal relationships between Bert Van Den Eeckhaut and the client. Giving an assignment and/or placing an order implies that the client fully and unreservedly agrees to these general terms and conditions. Any deviation from these general terms and conditions must be approved in advance in writing by the photographer.

Article 2: Definitions

1. 2.1Bertvde.be: Bert Van Den Eeckhaut, and/or agreed assistants: Bert Van Den Eeckhaut, Tolhuislaan 204 — 9000 Gent, Belgium — LT683250009795030812.
2. 2.2The photographer: Bert Van Den Eeckhaut, hereinafter referred to as 'the photographer'.
3. 2.3The client: the natural or legal person who hires the services of the photographer to carry out a creation on their behalf. The photographer may consider anyone who has entrusted her with an assignment, unless that person has expressly indicated that they are acting as a representative, organ of a legal entity, agent, on behalf and for the account of a third party, which shall only be valid if the name and address of this third party, principal, legal entity, or represented party are provided to the photographer at the same time as the assignment.
4. 2.4A photoshoot, photo series, photography, photo albums, photo box, photo session, prints, production, product, website(s): the online or offline services, deliveries, work to which the agreement relates.
5. 2.5An extra: the natural or legal person with whom the client concluded an agreement to carry out a specific aspect of the work to be performed. Also referred to in professional jargon as a model or photo model.

Article 3: Prices and Quotations

1. 3.1The prices applicable to the services provided by the photographer are those disclosed on the website (www.bertvde.be), (online) brochure, and/or in a quotation. The prices are expressed in euros and inclusive of taxes and VAT, unless otherwise stated.
2. 3.2Prices can be changed at any time. The revised prices apply to all orders placed after the change has been implemented.
3. 3.3Quotations are entirely non-binding, unless explicitly stated otherwise. The quotation does not obligate delivery or execution of a part of the performance at a proportional price.

Article 4: Agreement and Deposit

1. 4.1An order agreement between the photographer and the client regarding the delivery of photo and other visual materials is only established through the written confirmation by the photographer.
2. 4.2The agreement becomes definitive upon receipt of the deposit. This deposit amounts to 25% of the total invoice amount. The deposit must be paid within 30 days after the written acceptance of the assignment and/or order by the photographer. If the deposit is not paid in a timely manner, the photographer has the right to unilaterally terminate the agreement without prior notice, without requiring prior consent from the Court, and without any liability for damages of any kind being owed by the photographer.
3. 4.3The agreement between the photographer and the client is established for a specific date or multiple dates. Only these dates are reserved by the photographer and are definitively confirmed through the deposit (see 4.2).

Article 5: Expenses

1. 5.1The photographer is always entitled to request an advance payment for expenses from the client. All travel expenses such as transportation tickets, accommodations, catering, etc. are the responsibility of the client. They are either included in the fee charged to the client or billed directly to the client by the photographer.
2. 5.2The client must provide a hotel stay, in addition to the service costs, for all weddings that start before 9 a.m. and/or end after 12 a.m. if the location is more than one and a half (1.5) hours away from Gent. The photographer's team requires one (1) room in a hotel near the reception location.

Article 6: Number of Photos

1. 6.1If the photographer delivers a WeTransfer link, Dropbox folder, or Pixieset gallery of photos to the client as part of the assignment, the number of delivered photos depends on the nature of the assignment and the duration of the coverage. The number is determined by the photographer.
2. 6.2Unless otherwise agreed between the parties, the digital delivery will contain approximately the following number of photos (minor variations are possible, depending on the outcome of the photo shoot):
• Wedding: 35 to 45 photos per hour (depending on duration, number of details, number of attendees, etc.)
• Family sessions: minimum of 40 photos per hour, with the option to purchase additional photos.
• Corporate photography: 40 images per hour.
• Other than those listed above: minimum number of photos to be agreed upon.
3. 6.3The photographer determines which photos are made available to the client.

Article 7: Quality of Work

1. 7.1The photographer declares to produce quality shots according to their own standards and edit them in their own style.
2. 7.2The photographer has the right to execute anything not explicitly described in an assignment according to their own technical and creative judgment.
3. 7.3Changes to the assignment by the other party for any reason, during the execution of the assignment, shall be at the expense of the other party and will only be carried out by the photographer after a separate cost estimate for additional expenses has been signed by the other party and returned to the photographer. Changes to the original assignment extend the execution period.
4. 7.4The client may be present or may send an authorised representative to the shoots. If they are not present, the client must defer to the photographer's judgment regarding the proper execution of the assignment, without any recourse.
5. 7.5The photographer has complete artistic freedom for posed photos and used locations. The photographer will not be held liable if there is not enough time for a complete coverage due to the following reasons: Bride, Groom, or guests not being punctual; guests or family members not being available for posed photos; if the wedding runs over schedule or if there are restrictions on photography at the wedding venue. The client understands that the photographer does not follow a 'shot list' for taking photos during the wedding. The photographer’s trademark is an unposed, artistic approach to capturing real-time moments. Long lists and numerous requests from the client or guests for posed photos limit the ability to capture spontaneous moments. The client acknowledges having seen examples of wedding photos and understands that the photographer will produce photos of the same quality and style for the client's wedding.

Article 8: Placing Orders (Prints - Albums - Others) - Order Modifications

1. 8.1When placing an order, the client must provide accurate and exact information regarding the recipient of the order, the delivery address, and the email address to which an order confirmation can be sent.
2. 8.2Any individual or firm placing an order with a request to invoice it to a third party will be held jointly and severally liable for payment.
3. 8.3An order does not bind the photographer until it is confirmed via email or any other available means of communication.
4. 8.4The order will only be delivered after payment has been received.
5. 8.5The photographer will proceed with the album design for printing only after the layout of the album has been approved in writing by the client.
6. 8.6The photographer must carry out corrections indicated in writing by the client, but is not liable for unmarked spelling, linguistic, grammatical, or other errors. Once the photographer has sent the order to the printer, the client cannot request any further corrections.

Article 9: Payments

1. 9.1The photographer's invoices are payable within 30 days from the invoice date, unless otherwise specified. All payments must be made to the following bank account numbers: Bert Van Den Eeckhaut — Revolut — IBAN LT683250009795030812.
2. 9.2All amounts unpaid on the due date will automatically incur an interest of 1% per month on the outstanding amount, without prior notice, and a fixed compensation of 10% of the invoice amount, with a minimum of €75,-, unless greater damages are proven. This increase is justified due to the burden and difficulties, the costs of correspondence, loss of time, difficulties in accounting, and the lack of availability of the unpaid amount. The advance payment automatically belongs to the photographer and will be offset against the aforementioned compensation. The waiver of rights only occurs upon the full payment of the remuneration for the waiver of rights.
3. 9.3After placing an order, the client will receive an email confirmation of the order along with the corresponding invoice, requesting the payment to be made to the photographer's bank account. Upon receipt of payment, the design, products, and/or developed photos will be created and delivered.
4. 9.4Any complaints related to the invoice or invoiced works must be reported in writing within 8 days of the invoice's dispatch, failing which the complaint will be deemed inadmissible.
5. 9.5Each order signifies the client's acceptance of our terms and conditions.
6. 9.6Upon payment of an invoice, even partial payment, it may be assumed that the works have been accepted and approved by the customer in terms of both price and quality, unless the customer has protested against the invoice within the above-mentioned period.

Article 10: Delivery and Shipping

1. 10.1Image carriers are delivered at the premises where the photographer conducts their business. Orders can be picked up without additional charges at the premises where the photographer operates their business. The client must inform the photographer of this intention in advance and explicitly.
2. 10.2The delivery date and place are determined in writing beforehand between the photographer and the client.
3. 10.3All orders are shipped by the photographer via regular mail. The costs for express courier shipping, resulting from urgency or upon simple request of the client, are borne by the client. Orders can be collected by appointment at the premises where the photographer operates their business.
4. 10.4Shipped photos or other carriers are at the risk of the other party from the moment of dispatch until the photos or carriers are returned undamaged to the photographer. The photographer is not liable for delays, theft, loss, and/or damage caused by B-Post or a third party used by the photographer for shipping orders.
5. 10.5The photographer only delivers to addresses in Belgium.
6. 10.6The delivery time depends on the ordered product.
7. 10.7The delivery time always starts after receipt of your payment.
8. 10.8If no delivery time has been agreed upon, the photographer shall reasonably determine it. If the photographer and the other party agree to advance the delivery time, the photographer has the right to increase the originally agreed compensation by at least 50%.
9. 10.9If the client amends the original agreement, the delivery period may be extended.
10. 10.1If the client does not receive the order within the agreed timeframe, they have one week to notify the photographer of this. In no case can exceeding the delivery period lead to a reduction in price, nor can it result in any compensation, termination/termination, or dissolution of the agreement.
11. 10.11If the shipment with the order returns to the photographer because an incomplete or incorrect delivery address was provided, the client cannot claim compensation. Upon the client's request, the order will be resent, and the client must pay the shipping costs.

Article 11: Meals for the Photographer

1. 11.1For assignments lasting five (5) hours or more, a hot and/or fresh meal must be provided for the photographer. For assignments lasting eight (8) hours or more, two meals (i.e., lunch & dinner) must be provided for the photographer. If the client does not provide a meal, the client understands that the photographer will leave the shooting location to purchase a meal, and the photographer is not responsible for the time lost during that period. The client acknowledges that a photoshoot involves strenuous work, and providing a proper meal for the photographer is in the interest of all parties.

Article 12: Liability

1. 12.1The services and performances provided by the photographer are always based on best efforts, but not guaranteed results.
2. 12.2The photographer must carry out corrections indicated in writing by the client, but is not liable for unmarked spelling, linguistic, or grammatical errors. Once the photographer has sent the order to the printer, the client cannot request any further corrections.
3. 12.3The photographer assumes no responsibility for color variations that may arise during the fulfilment of the assignment, such as due to the composition of the photographed objects or fluctuations in color temperature.
4. 12.4The photographer is not liable for color deviations on non-calibrated screens or prints not supplied by the photographer.
5. 12.5The photographer is also not responsible if a shoot is rejected by the client due to changes in the client's briefing, concept, or strategy, or due to the delivery of a defective product by the client. In such cases, the full fee and all costs are due. This also applies to any subsequent reshoots that are done independently of the rejected shots.
6. 12.6Changes communicated verbally are implemented at the client's risk.
7. 12.7The photographer is not liable for any direct or indirect damages incurred by the client, unless intentional or gross negligence is proven on the part of the photographer.
8. 12.8Except in cases of intent, the total liability of the photographer is limited to the invoice amount.
9. 12.9The photographer cannot be held responsible for physical or material damage caused by falls, slips, etc. of the other party during the photoshoot.
10. 12.1The photographer cannot be held responsible for the loss and/or damage of the client's property before, during, or after the photoshoot.
11. 12.11The photographer is not responsible for damage to or loss of the items necessary for carrying out an assignment. All clothing, collection pieces, and other accessories will be handled with care, but the photographer cannot be held responsible for damage or loss. If the value of the goods warrants it, the photographer can have the goods insured and is entitled to pass on the costs to the client.
12. 12.12The photographer is not liable for obtaining the agreement of copyright holders, neighbouring rights holders, image rights holders, trademark rights holders, whose works, performances, images, or trademarks are depicted on the material and are necessary for the use of the photo and other visual material, nor for paying the associated costs. These amounts are not included in the fee. In such cases, the client shall indemnify the photographer against any claims made by these rights holders against the photographer due to the exploitation of the photo and other visual material by the client.
13. 12.13The photographer's liability in producing shots is limited to their own involvement. Therefore, the photographer is not responsible for the behaviour, punctuality, or professional performance of any employee, model, actor, or extra, even if contacted by the photographer on behalf of the client.
14. 12.14The photographer is not responsible for any delay or cancellation of a production or shoot due to late delivery by the client or their subcontractor of a product or accessory, or due to the punctuality or incorrect behaviour of the latter.
15. 12.15The photographer is not liable for damage or loss caused by the development lab, a manufacturing defect, airport x-ray screening, etc. This list is not exhaustive. In all these cases, the photographer's fee is still fully payable. In the event that the photographer's liability is compromised, the damages owed by them cannot exceed the fee for that specific assignment.

Article 13: Postponement and Cancellation

1. 13.1In case of cancellation by the client, the full deposit will be charged, regardless of the reason or timing of the cancellation. The photographer may propose a new date without an additional charge.
2. 13.2The photographer reserves the right to terminate the present agreement immediately in the event of sexually harassing and inappropriate behaviour, among other actions, by the client. In this case, the photographer reserves the right to claim compensation in the amount of €1,300.

Postponement and Cancellation of a Wedding Photoshoot

1. 13.3The client acknowledges that the photographer suffers damages in case the wedding is postponed. The client shall inform the photographer as soon as possible to mitigate the damages. In the case of postponement, a new contract must be drawn up. If the new date is available and the photographer can reschedule the original wedding date within a period of 1 year after the original wedding date, all amounts already paid by the client, including the deposit, will remain as credit. However, if the photographer cannot reschedule the original wedding date and is not available for the new date, the postponement will be treated as a cancellation, and the provisions of the 'cancellation' section in this agreement will apply. If the new date is not available and the photographer cannot reschedule the original wedding date, the deposit will not be refunded, but all other amounts paid by the client under this agreement will serve as credit for the new contract.
• In case of cancellation up to 1 month before the agreed wedding date, an additional cancellation fee of 100% of the balance amount of the final invoice will be due.
• In case of cancellation up to 3 months before the agreed wedding date, an additional cancellation fee of 50% of the balance amount of the final invoice will be due.
• In case of cancellation up to 6 months before the agreed wedding date, an additional cancellation fee of 25% of the balance amount of the final invoice will be due.

Cancellation of a Photoshoot (Other than a Wedding Photoshoot)

1. 13.4A photoshoot can be canceled by the client free of charge up to 1 week before the scheduled date. In the event of cancellation 1 week or less before the session or if the client fails to appear, a cancellation fee of €250 will be charged.

Article 14: Force Majeure

1. 14.1In the event that the execution of the assignment is not achievable due to force majeure, the photographer is entitled to terminate the assignment. In this case, the other party is obligated to compensate the photographer for the work already performed. Under no circumstances is the photographer obliged to pay any compensation to the other party.
2. 14.2In case of force majeure, the photographer must promptly inform the other party. Upon receipt of this notification, the other party has 2 weeks to terminate the agreement. If the other party decides to terminate, they are obliged to compensate the photographer for the work already performed.
3. 14.3Force majeure includes, among other things: loss of the original digital files due to a crash, war, mobilisation, riots, atmospheric disturbances, floods, storm damage, disruption of train, water, air, or road traffic, lack of fuel, stagnation, restriction, or discontinuation of supply by public utility companies, fire, machine breakdown, and other production, creation, work, malfunctions, strikes, lockouts, government measures, non-deliveries of materials by third parties, and other unforeseeable circumstances at the time of the assignment and/or agreement that make the execution of the assignment and/or agreement impossible or of such influence that the other party cannot reasonably and equitably demand the fulfilment of the assignment and/or agreement. This enumeration is not exhaustive.
4. 14.4In the event that the photographer is unable to perform the agreement due to illness or accident, the photographer and the client will seek a suitable solution in mutual consultation. If possible and with the agreement of the client, the photographer will attempt to provide a replacement. In that case, the client will be considered to have a direct contract with the replacement and the photographer will no longer be liable for any (extra)contractual shortcomings by the replacement. If no replacement can be found, both parties can terminate the agreement free of charge. In this case, the photographer undertakes to refund the received deposit, but will not be liable to pay any compensation to the client.

Article 15: Complaints

1. 15.1If the client is not satisfied with the quality of the work, they can notify the photographer by email at: info@bertvde.be.
2. 15.2All formal complaints regarding the provided services, orders, and/or invoices must be sent by the client, within 8 days after the execution or invoice date, by registered mail to the photographer. Any belated protest is inadmissible.

Article 16: Copyright – Right to Reproduction – Use of the Photos

(Law of June 30, 1994 on copyright and neighbouring rights.)

1. 16.1The photographer retains the copyright to all works carried out for the client. The client acknowledges that they have no claim to the copyright of the photos and/or drawings, neither in analog nor in digital form.
2. 16.2The client, nor the model, have any exclusive rights to the captured images, the style, or the edits applied to the photos.
3. 16.3The client has the right to use and reproduce the works for personal purposes. The total invoice price includes the client's right to use and reproduce the works for personal purposes. Reproduction of any work for personal purposes by the client is only allowed in accordance with the provisions of Articles 21 and 22 of the Belgian Copyright Act. The right to use is personal and may not be transferred under any circumstances without written permission from the photographer.
4. 16.4Unless otherwise stipulated in writing and confirmed by the photographer in writing, the photographer's fee compensates for their time, experience, and relinquishment of reproduction rights solely for the expressly agreed exploitation method, form, purpose, and territorial scope, and for a duration of 1 year. In the absence of such provision in the agreement, the photographer has the right to object to the use of the photos until a written agreement is reached on these points. The client is responsible for the use of the photos and other visual materials by third parties.
5. 16.5The client undertakes to accompany any authorised exploitation of the photo and visual material, as well as any reproduction, with the mention ‘©bertvde.be.’
6. 16.6The client is prohibited from modifying the photos in any way. The client is required to have changes in color and similar adjustments carried out by the photographer. If such modifications are requested after the completion of the entire assignment, a new quotation will be provided.
7. 16.7The photographer retains full ownership of all photo and other visual materials delivered to the client, including requiring any reproduction to be accompanied by the mention ‘©bertvde.be,’ including ownership of the digital files, the cliché, matrices, and other media, even when temporarily made available to the client.
8. 16.8In case of failure to comply with the aforementioned name credit, the photographer is entitled to a compensation of at least 100% of the usual license fee applied by the photographer, without losing the right to claim compensation for any other damages suffered (including the right to compensation for all direct and indirect damages and all actual judicial and extrajudicial costs).
9. 16.9This clause pertains to all social media platforms, including but not limited to Facebook, Instagram, Twitter, and blogs. The photographer grants the client permission to share photos taken within the scope of this agreement on social media. The client may not modify, edit, or crop photos (except for required cropping on social media websites) without prior consent from the photographer. The client agrees to credit the photographer for each photo by tagging or mentioning the photographer's social media or website. All photos taken by the photographer for the client are for personal use unless both parties sign a separate agreement. Photos may not be used for business promotional purposes or on a professional platform without written permission from the photographer. The client agrees not to discredit, defame, or engage in any actions that could reasonably be believed to damage the personal and professional reputation of the photographer.

Article 17: Right of Portraiture

1. 17.1Visual material created by the photographer may be published at any time on the photographer's website, blog, or on social networking sites where the photographer is active. The photographer may also use the visual material for promotional purposes, including portfolios, advertisements, social media, magazine articles, printed materials, exhibition materials, etc. This list is not exhaustive. If the client or the model does not grant permission for this right, the photographer must be informed via email within 8 business days after the photoshoot.

Article 18: File Preservation

1. 18.1The photos taken by the photographer will be digitally preserved for a minimum of 100 days after the invoice date.
2. 18.2The photographer will not be liable to pay any compensation to the client in case of data loss due to force majeure.
3. 18.3The photographer advises the client to create a backup of the files on a computer, USB drive, or DVD. Upon receiving the files, the client assumes full responsibility for them. The photographer recommends making an immediate backup upon receipt of the files. Additional or new copies of the files cost €250.00 per set.

Article 19: Changes to Terms and Conditions

1. 19.1The photographer may modify these specific terms and conditions at any time. The contracting party should regularly review the applicable terms and conditions on the website — www.bertvde.be.

Article 20: Applicability

1. 20.1By not lodging a written protest within one week of these general terms and conditions, the user expressly agrees, to the exclusion of all others, and explicitly waives the right to rely on their own general terms and conditions.

Article 21: Applicable Law and Jurisdiction

1. 21.1These terms and conditions are subject to Belgian law. In case of disputes with customers who are not consumers, only the commercial court of the district of our registered office shall have jurisdiction, unless the law dictates otherwise. If the customer is a consumer, for proceedings initiated by the customer against us, only the magistrate's court of the canton or the courts of the district of our registered office shall have jurisdiction, unless the law dictates otherwise. For proceedings initiated by us, we may choose the competent judge of the defendant's residence, the judge of the place where the agreement was signed, or the judge of the place of delivery.