1. Delivery

 

 

The Photographer, Melanie Lemahieu, will edit and deliver every take the she considers to be the best of every situation covered.

 

Edited Photographs shall be delivered to the Client via WeTransfer or another specified online system or on an USB stick.

 

 

 

2. Collaboration

 

 

 

The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.

 

 

 

3. Copyright and Ownership of Materials

 

(a) The entire copyright in the pictures is retained by the Photographer at all times throughout the world. Title to all photographs remains the property of the Photographer

 

(b) The photographs produced by the Photographer are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without the photographer's explicitly written permission.

 

(c) The Photographer grants the Client permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the Photographer.

 

(d) The Client must obtain written permission from the Photographer prior to publishing or selling the photographs to any third party.

 

(e) Images will be licensed for use for a specified period. When the License to Use has expired, the images should not be used any longer.

 

  

 

4. Use and Reproduction

 

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;

 

(a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Cloud Mine Photography’s invoice. An agreement must be reached with Cloud Mine Photography before the pictures are used for a different purpose or after the licence to use has expired;

 

(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice;

 

(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;

 

(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;

 

(e) Cloud Mine Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;

 

(f) In the case of printed publications, a copy of the relevant pages containing any picture supplied are to be furnished to Cloud Mine Photography free of charge within two weeks. In other media, evidence of use must be made available if requested;

 

 

 

5. Definitions of Reproduction Rights

 

 (a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;

 

(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;

 

(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice;

 

(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.

 

 

6. Booking and Cancellation

 

(b) Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Cloud Mine Photography will not accept any other work from other clients for those times and dates;

 

(c) As a result, once 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 a confirmed booking within 10 business days of any confirmed date, an administration fee of €25.00 (Excl. VAT) will be charged; (ii) When a client cancels photography within less than 10 days business of any confirmed date, a fee of 20% of the booked time rate will be charged. (iii) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Cloud Mine Photography.

 

 

 

7.  Limit of liability

 

(a) In the unlikely event that the photographer is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond her control, the Photographer will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.

 

(b) In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer liability is limited to the return of all payments received. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The Photographer is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.

 

 

8. Applicable Law

 

(a) This Agreement shall be subject to and constructed according to the laws of the Netherlands and General Terms and conditions of Dutch Photographers professional association, DuPho

 

(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

 

(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.