All legal relationships involving Cindy Jeurissen are subject to the General Terms and Conditions of DuPho, the professional organization of Dutch Photographers, of which I have been a member since 2023.
DuPho General Terms and Conditions
1. Definitions
– Aw: Copyright Act of 1912
– Photographic work: Photographic works as referred to in Article 10, paragraph 1, sub 9, of the Copyright Act, or other works within the meaning of the Copyright Act, which can be equated with the aforementioned photographic works.
– Photographer: The user within the meaning of Article 6:231 of the Dutch Civil Code.
– Counterparty: The counterparty within the meaning of Article 6:231 of the Dutch Civil Code.
– Use: Reproduction and/or disclosure within the meaning of Article 1, in conjunction with Articles 12 and 13, of the Copyright Act.
2. Application
These General Terms and Conditions apply to all legal relationships between a Photographer and a Counterparty, including quotations, order confirmations, and oral or written agreements, even after the termination of an agreement, unless the parties have deviated from these conditions in writing and explicitly.
3. Compensation
3.1 If the parties have not agreed on compensation, the Photographer unilaterally determines a reasonable and fair compensation, taking into account the scope and extent of the use of the work desired by the Counterparty.
3.2 Necessary costs and/or additional work must be reimbursed by the Counterparty.
4. Invoice and Payment
4.1 Payment must be made within 14 days after the invoice date.
4.2 If the Photographer has not received the amount due within the period referred to in 4.1, the Counterparty is obliged to pay the statutory interest increased by 2% on the invoice amount.
4.3 If the Counterparty is in default or otherwise fails to fulfill one or more of its obligations, including infringement of copyright, all costs incurred by the Photographer to obtain satisfaction, both in and out of court, will be borne by the Counterparty.
4.4 No use of the Photographic work in any way is allowed as long as the Counterparty has not paid any outstanding invoices from the Photographer.
5. Complaints
Complaints regarding the delivered work must be communicated to the Photographer in writing/by email as soon as possible, but in any case within ten working days after delivery of the Photographic works. The Photographer has the right to deliver good work within a reasonable period after rejected work unless this would result in disproportionate damage to the Counterparty.
6. Assignment
6.1 The client communicates specific wishes that are important for the execution of the assignment in writing to the photographer and in good time before the start of the assignment.
6.2 The Photographer carries out the assignment according to their own technical and creative insight and endeavors to meet specific wishes of the client as referred to in the previous paragraph.
6.3 The assignment is at all times to be regarded as an obligation of effort, not being an obligation of result.
6.4 Changes to the assignment by the Counterparty for any reason are at the expense of the Counterparty and will only be executed by the Photographer after a separate quote for additional costs has been signed and returned by the Counterparty.
6.5 In case of cancellation of an assignment agreement by the Counterparty at any time and for any reason, the Photographer is entitled to the agreed fee. In case of cancellation, the non-professional client is only obliged to pay a reasonably determined part of the fee, taking into account the work already performed.
7. Delivery
Files are delivered in the agreed format and file type.
8. Illness/Force Majeure
8.1 The Photographer is not liable for not or not timely fulfilling its obligations due to force majeure.
8.2 Force majeure is understood to mean, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which the Photographer cannot influence and as a result of which the Photographer is unable to fulfill its obligations, including illness and temporary and permanent incapacity for work.
8.3 In case of force majeure, the obligations of the Photographer can, in consultation with the client, be taken over by a colleague Photographer, designated by the Photographer.
8.4 If the Photographer has partially fulfilled its obligations at the time of force majeure or will only be able to partially fulfill its obligations, the Photographer is entitled to separately invoice the already delivered part of the services, including the expenses made, and the client is obliged to pay this invoice.
9. Copyright
The copyright of the Photographic works belongs to the photographer.
10. License
10.1 Permission for the use of a Photographic work by the Counterparty is granted exclusively in writing/by email and in advance in the form of a license as described by the Photographer in the quotation and/or the order confirmation and/or the accompanying invoice.
10.2 If nothing has been determined regarding the scope of the license, it is understood that it never includes more than the right to use it once, in unchanged form, for a purpose, circulation, and manner as the parties intended at the conclusion of the agreement according to the Photographer’s understanding.
10.3 Exclusive exploitation must always be explicitly agreed upon in writing and is not covered by the exploitation right mentioned in Article 10.2.
10.4 The Counterparty is not allowed to transfer the exploitation right described in this article to third parties without the prior written consent of the Photographer.
10.5 Unless otherwise agreed, the Counterparty is not authorized to grant sub-licenses to third parties.
11. Copyright Infringement
11.1 Any use of a Photographic work that has not been agreed upon is considered an infringement of the Photographer’s copyright.
11.2 In the event of an infringement, the Photographer is entitled to a compensation of at least three times the license fee normally charged by the Photographer for such a type of use, without losing the right to compensation for other damages suffered (including the right to compensation for all direct and indirect damages and all actual judicial and extrajudicial costs).
12. Attribution and Moral Rights
12.1 The name of the Photographer must be clearly stated with a used Photographic work or included in the publication with a reference to the Photographic work.
12.2 The Counterparty must always respect the moral rights of the Photographer in the reproduction and disclosure of a Photographic work in accordance with Article 25, paragraph 1, sub c and d, of the Copyright Act.
12.3 For any infringement of the moral rights of the Photographer under Article 25 of the Copyright Act, including the right to attribution, the Counterparty owes compensation of at least 100% of the license fee normally charged by the Photographer, without losing the right to compensation for other damages suffered (including the right to compensation for all direct and indirect damages and all actual judicial and extrajudicial costs).
13. Liability and Third Party Rights
13.1 The Photographer is authorized to enter into this Agreement and grant the aforementioned License.
13.2 The Photographer is not liable towards the Counterparty for claims from third parties and/or damage resulting from the exploitation and publication of the Work unless there is gross negligence or intent on the part of the Photographer.
13.3 The liability of the Photographer is in any case limited to the amount of the invoice amount, or, if and insofar as there is insured damage, to the amount actually paid out under the insurance policy.
13.4 If third parties announce or file a claim against the Photographer and/or Counterparty with regard to the Work, the Counterparty and the Photographer will jointly determine whether they will defend against it and how that will be done.
14. Bankruptcy/Suspension of Payment
Both the Photographer and the Counterparty have the right to terminate the agreement immediately in the event of bankruptcy or suspension of payment of the other party. In the event of bankruptcy of the Counterparty, the Photographer has the right to terminate the granted license.
15. Choice of Law and Forum
15.1 All cases to which these General Terms and Conditions apply are governed by Dutch law.
15.2 Any dispute regarding the text and interpretation of these General Terms and Conditions and a legal relationship between the Photographer and the Counterparty will be submitted to the competent court in the Netherlands.
DuPho | Dutch Professional Photographers
Piet Heinkade 181-K
1019 HC Amsterdam
© DuPho.
February 2022
These General Terms and Conditions have been deposited with the Amsterdam Court under deposit number 12/2022.
Additional General Conditions of Cindy Jeurissen
– Cancellation of a shoot for private individuals can be done up to 5 working days in advance. For cancellations within these 5 working days, 50% of the agreed price will be charged. For corporate shoots, I adhere to the general terms and conditions of DuPho under point 6.5 above.
– The proportions of the photos should be determined as much as possible prior to the shoot.
– No RAW files or unedited photos will be delivered.
– The delivered photos may not be re-edited. This includes: cropping, color editing, and the use of filters. Contact me if you wish to have any of these edits done (afterwards).
– The license for online use of photos will be agreed upon separately, see additional information on commercial licenses.
– The right of publication for print must always be purchased. The costs of the license will be agreed upon separately. Images can be freely used after the license is purchased for an agreed-upon period. A license for a specific period can be extended in consultation (potentially at a lower rate).
– A license cannot be resold or transferred to others.
– All photos taken by me (Cindy Jeurissen) may be used at any time to promote my professional activities, both online and offline. In case of a publication ban from the client, an additional amount per image will be charged as agreed upon.
CLIENT (COMMERCIAL LICENSES)
– When publishing photos by Cindy Jeurissen in any medium or in any way, credit is required unless the rights have been purchased. This credit should be: Photography or Photo: Cindy Jeurissen – cindyjeurissen.com (for websites including hyperlink), and tagging me on social media: on Instagram with cindyjeurissen_com and on Facebook with Cin by Cindy Jeurissen.
– For taking photos commissioned by companies or businesses for their commercial website, the use of the photo or series of photos is part of the quotation process.
– For taking photos commissioned by self-employed persons or small businesses for their own commercial website and/or social media, the use of the photo or series of photos is included in the rate.
– For both cases: please indicate in advance if you also want to make exclusive use of the photos taken for an indefinite period. In other words, a license for a specific period, exclusive or non-exclusive, will be discussed in advance. Credit is required as indicated above, unless otherwise agreed upon in writing.
– For taking photos of an event, the license for the commercial use of the photos within the own organization with credit is included in the price. Within your own organization, you may use the delivered photos indefinitely.
– For online use, with usage rights exclusively for publication on social media as a report of the day, the obligation of credit as indicated above applies, unless otherwise agreed upon in writing. Outside the organization and/or as an advertising medium, new/other use requires a separate license, and different rates apply. In other words, a license can be purchased for this.
– When there is new, unlimited, and/or exclusive use (printed, large commercial), other agreements apply, and a new quotation/invoice will be made.
– Other parties wishing to use the photos resulting from an assignment, other than as specified on the invoice and for which the agreement and any license have been entered into, may use them only with prior written permission from Cindy and after purchasing a license.
– When using images subject to portrait rights, third-party rights may apply. If third-party permission is required for publication, it is the client’s responsibility to obtain permission from the portrayed persons.
PRIVATE INDIVIDUAL (USER LICENSE)
– A photo file may be used to make a print. As a private individual, you only purchase the right to use the photo for private use and presentation within the private sphere. Publication in any form, sale to third parties, or participation in a competition is not permitted.
– Cindy Jeurissen provides a web format version with every high-resolution photo (20x30cm print size) as standard.
CINDY JEURISSEN
Bergumermeer 53
1509 GD Zaandam
+31 (0)6 45398436
cin@cindyjeurissen.com
cindyjeurissen.com
