TERMS AND CONDITIONS

1.CONDITIONS. These general terms and conditions apply to all legal relationships between the photographer and the client, as well as to all quotations, offers, and agreements. The photographer can modify these specific conditions at any time and without prior notice. The counterparty must, when placing an order, making an additional order, or making changes to their order on their own initiative, acquaint themselves with the conditions that are valid at that respective moment. Provisions or conditions stipulated by the client that deviate from, or are not included in, these general terms and conditions are only binding on the photographer if and to the extent that they have been expressly and in writing accepted by the photographer. These conditions are subject to Belgian law.

2. PRICES. Prices can be adjusted at any time. The modified prices apply to all orders and additional orders placed after the modification. In the event that the raw materials for a product or sub-product have increased by more than 25% since the booking, the price increase will be communicated to the customer, who can then decide whether to accept the product or sub-product at the new conditions or cancel the order. If the photographer has incurred higher costs and/or additional work that was reasonably necessary, the photographer will pass these on to the client.

3. GIFT VOUCHERS. Gift vouchers are valid for 1 year from the date of issue. After this period, the gift voucher can only be used with the explicit agreement of the photographer, and any changed prices will apply. If the voucher specifies a service description instead of an amount, the voucher user must pay any price difference to enjoy the same service. Overvalue of a gift voucher (e.g., when redeemed for a different and cheaper photoshoot than specified) will not be refunded upon redemption of the voucher.

4. PAYMENT TERMS. The photographer’s invoices are payable within fourteen days of the invoice date. For any sum not paid on the due date, a default interest of 10% per month may be charged automatically and without notice. In case of non-payment on the due date, you will be charged for reminders, formal notices, and debt collection. All courts in our district have jurisdiction.

5. RESERVATION. The photographer reserves the right to refuse an assignment if new information becomes available after acceptance that makes the execution unacceptable for the photographer.

6. POSTPONEMENT. The customer can postpone their booking once without an additional cost, with a maximum of 30 days, maintaining the original prices and general conditions that were valid at the original booking (subject to the photographer’s availability on the later date). In the case of a postponement exceeding 30 days, the customer can no longer rely on the original prices and conditions. The most recent prices and conditions will then apply.

7. PICK-UP. Product/photo pick-up is free at the photographer’s business location. Home delivery by the photographer or shipping orders by mail or courier will be charged to the customer. The photographer is not responsible for any damage during delivery for orders shipped by mail or courier.

8. COMPLAINTS. All formal complaints regarding delivery and/or service performance must be notified by registered mail within eight days of execution or the invoice date.

9. LIABILITY. The photographer is not liable for any damage incurred by the client unless there is willful intent or gross negligence on the part of the photographer or their representatives. The photographer cannot be held liable for indirect damage resulting from the use or performance of services, such as loss of profit or data. In the case of direct damage, the photographer’s liability is limited to the compensation paid by the client for the service that caused the damage. The photographer is not liable for physical or material damage caused by the client, such as falling or slipping during the photoshoot, or for the loss and/or damage of the client’s belongings before, during, or after the photoshoot.

10. CANCELLATION.

Cancellation period and costs:

• For individuals: If canceled within one week before the scheduled photoshoot date, the full invoice amount will be charged.
• For companies: If canceled within two weeks before the scheduled photoshoot date, 70% of the total invoice amount will be charged

Rescheduling the photoshoot:

• The customer has the option to reschedule the photoshoot free of charge to another available date and time, provided this is done at least two weeks before the originally planned date.
• For repeated shifts or delays by the customer, additional costs may be incurred.

Force majeure:

In case of force majeure, such as illness of the photographer, extreme weather conditions, or other unforeseen circumstances, the photoshoot will be rescheduled at no cost to another available date and time.

Deposit:

To reserve a photoshoot, a deposit may be required. This deposit is not refundable in case of cancellation by the customer.

Written notice:

Cancellations must be communicated in writing (via email, letter, or another traceable communication method).

Refund policy:

No refunds are provided for services already rendered, including already delivered photography or editing work.

Special circumstances:

In some cases, exceptions to the cancellation policy may be made due to special circumstances, such as a serious emergency or medical reasons. These exceptions will be assessed on an individual basis.

Payment terms:

Any due costs resulting from cancellation must be paid according to the agreed payment terms, usually within two days of notification of the cancellation.

GENERAL 

1. PUBLICATION BY THE PHOTOGRAPHER. Visual material created by ELIEN JANSEN can be published at any time on her website, Facebook, Instagram, and other promotional platforms. Additionally, the photographer may use the visual material for various promotional purposes and publications, including but not limited to portfolios, advertisements, social media, magazine articles, contests, print materials, exhibition materials, and photo print sales.

2. PUBLICATION BY THE CLIENT. Visual material created by ELIEN JANSEN may be shared by the client on social media, websites, and printed materials for their own store/brand. The client must always include the following information: photographer credit - Elien Jansen @elienjansen (via Instagram)/ www.elienjansen.com

3. COPYRIGHT. All assignments/photoshoots created by photographer ELIEN JANSEN are artistic works and are subject to copyright. The photos remain the property of the photographer. Upon full payment of the session and files, the client acquires the right to print and publish the photos for personal/business purposes.

Unless expressly agreed otherwise in writing, any reproduction, publication (in newspapers, magazines, etc.), exhibition, or other use is only possible with the prior written consent of ELIEN JANSEN. In case of infringement of the photographer’s copyright, the photographer will charge three times the usual license fee for such a case to compensate for the damages suffered. The compensation does not grant the right to further use the photographer’s work. The copyright and other industrial or intellectual property rights of productions conceived or executed by ELIEN JANSEN remain the property of ELIEN JANSEN unless expressly agreed otherwise in writing.

4. USE OF PHOTOS. All photos taken by ELIEN JANSEN may be used by the client for up to one year (starting from the invoice date). This can be disputed, and in such cases, a price recalculation will be made. (Only for companies)

5. POST-PROCESSING. The photographer delivers the images in her usual style, applying global image optimization to aspects such as light, color, contrast, cropping, and other factors at her discretion. Post-processing beyond this is only possible after consultation with the photographer and may incur additional costs.

6. STORAGE. The photos taken by the photographer based on a quote or TFP (Time for Print) and TFCD (Time for CD) are stored for a minimum of 60 days after the end of the session. In cases of force majeure leading to data loss (including memory card failure, camera failure, or data crash), the photographer cannot be held liable.

7. COLOR. The photographer is not liable for color deviations on non-calibrated screens or prints not provided by the photographer.

WEDDING PHOTOGRAPHY

1. BOOKING AND PAYMENT. The reservation of a wedding photography package with ELIEN JANSEN is considered final upon receipt of a 30% deposit of the total amount. This deposit also serves as a cancellation fee: in case of cancellation of the wedding photography, this deposit is non-refundable (cancellation is allowed up to one month before the scheduled wedding date with valid reasons). Without the payment of this deposit, no reservation will be made. The full agreed-upon amount must be paid before the wedding date.

2. CANCELLATION NOTICE. The client must notify ELIEN JANSEN of a cancellation in writing or via email. This notification must be received at least one month before the scheduled wedding date.

3. COSTS UPON CANCELLATION. In case of cancellation within one month before the wedding date, the client is obligated to pay the full amount for the agreed-upon services. This amount serves as compensation for the loss of potential other bookings and ELIEN JANSEN’s commitment to reserve the entire weekend for the client.

4. REFUND POLICY. In case of cancellation by the client, no refunds will be made for previously made deposits or advances.

5. DATE CHANGE. If the client wants to change the wedding date to another date, this depends on the availability of ELIEN JANSEN. In this case, additional costs may be charged for any additional preparations or related costs for the new date.

6. INDEMNITY. The client agrees to indemnify and hold ELIEN JANSEN harmless against any losses, liabilities, claims, damages, or costs resulting from the cancellation of the reservation.

7. FORCE MAJEURE. In case of the photographer’s absence on the scheduled wedding date due to force majeure or illness, ELIEN JANSEN will attempt to find a replacement photographer with a similar style. If no available replacement photographer can be found, the payment will be refunded.

8. ORDERS. Orders (except wedding albums) can only be placed via email or written order form. This email or order form is considered binding. The client commits to the purchase of the specified items. The order will only be processed after the full payment of the due amount.

9. WEDDING ALBUMS. Wedding albums are only printed after the design is approved. The price of the wedding album includes the layout with a maximum of 8 adjustments (distributed over a maximum of 2 rounds of corrections), printing guidance, and printing costs. The costs for the design of the wedding album must be paid even if it is ultimately not printed.

SHOOTING DAY CONCEPT

GENERAL

• Payment of the deposit reserves the agreed-upon place for the shooting days, and the client declares awareness and agreement with the terms and conditions.
• The client must make the deposit payment within one hour of reservation to the provided bank account and provide proof of the successful transaction via email, mentioning name, date, and time of reservation. If not completed in a timely manner, the time slot will be released.
• The agreed-upon prices apply only to the current shooting day or dining events and do not automatically apply to future reservations unless expressly agreed otherwise in writing. In case of force majeure when moving a reservation to another date, the same price cannot be guaranteed.
• Service providers reserve the right to cancel a shoot in case of ambiguity.
• Service providers reserve the right to cancel a shooting day due to insufficient registrations. For shooting days: Arrive on time at the shoot location. It is better to be fifteen minutes early than late. We want to take sufficient time for all participants, so your time slot starts and ends at the agreed-upon time to start promptly with the next client.

CANCELLATION.

Cancellation of the agreement (shoot or dining event) must be confirmed in writing via email to elienjansenphoto@gmail.com, stating the name, location, and time of the reservation, and must be accompanied by the relevant agreement. In case of cancellation, the following rules and costs apply:

• Deposits are non-refundable.
• The client has the option to find someone to take their place. The settlement of the deposit amount must be arranged directly, and the service providers must be informed of the new customer by the initially paying client, including the name, address, and phone number of the new customer, via elienjansenphoto@gmail.com. It is recommended that the replacement client also contacts the service providers directly. If the initially paying client does not find a replacement, this must also be confirmed via elienjansenphoto@gmail.com.
• In case of cancellation less than 48 hours before the start of the event or shoot, the full price will be charged. In case of force majeure, the reservation can be moved to a later shooting day, as determined by the service providers. The service providers require proof of the force majeure situation via email to elienjansenphoto@gmail.com. If there is no force majeure, the previously outlined rules apply.

When is it considered force majeure:

• The death of the (wedding) partners.
• Hospitalization of the (wedding) partners.
• The death or unexpected hospitalization of first-degree family members.
• Natural disasters, pandemics, war situations, riots, and general strikes.
• In case of bad weather or illness, the service providers can cancel or reschedule the shooting day or event. This decision is solely made after consultation between the service providers, and the client will be immediately informed.

LIABILITY - FORCE MAJEURE.

The client, the clients, and other involved parties are requested to always be vigilant and careful during the photoshoot and/or dinner. The photoshoot and/or dinner are at your own risk. Neither the photographer nor the model/client/guide can be held liable for physical or material damage (including equipment and clothing) in case of accidents during the preparation or execution of the photoshoot. The service providers are not responsible for accidents during the photoshoot or during installation or dismantling periods. The client is always responsible for their own safety and that of other participants. The service providers are not liable in case of force majeure (illness, accident, death), or other unforeseen circumstances that prevent them from fulfilling their obligations. If one or all of the service providers cannot be present on the day of the shoot, they will try to arrange a replacement or offer a price reduction. The replacement is solely determined by the service providers, without input from the client. If it turns out that a replacement is not possible, the respective reservation will be moved to another shooting day or event.

FOOD.

The service providers are not liable for possible allergic reactions to the food. Any allergies should be communicated in advance.

COPYRIGHT.

Unless expressly agreed otherwise in writing, any form of reproduction, publication (in magazines, newspapers), exhibition, or other use than personal use is only possible with prior written consent from ELIEN JANSEN. Violation or non-compliance with this contract by both the photographer and the client will lead to legal action according to the applicable laws. The service provider invests significant time, energy, and resources in creating the experience.