Terms and conditions

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These terms and conditions constitute an agreement between you and But First Salt Photography V.O.F., located at the following address

Hoogmeer 2813, 6605 CN Wijchen – The Netherlands

By using any of our services, you acknowledge that you have read,
understood and agreed to these terms.

Applicability

These terms and conditions apply to all services or products of But First Salt
Photography V.O.F. You can only deviate from these conditions if we have
agreed explicitly in writing

Prices

– All prices used by But First Salt Photography V.O.F. are in euros and are
excluding 21% VAT from the Netherlands.

– But First Salt Photography V.O.F. has the right to change all prices for its
products or services at any time.

– The client must pay the photographer a non-refundable initial payment of
50% (fifty-per-cent) of the total price of photography services. The original
payment reserves the time of the photographer and is not a retainer or
deposit.

– Photographer agrees to not advertise the availability of this same time slot
to any other potential clients. If the client cancels this shoot for any reason,
the photographer will not return the initial payment to the client.

Scope of Work

– These terms and conditions apply to services and products related to a
photography shoot.

– The photographer agrees to provide no less than the agreed number of
images that the client can view after the shoot, and is not obliged to provide
more than that number of images. Any additional products or images will be
charged.

– Photographer will perform basic post-processing or digital image editing
services on these photos where artistically necessary.

Work Product

Digital files: Approximately 2 (two) weeks after the end of the session, the
agreed-upon number of digital files will be available for viewing and
downloading from an online gallery. The client agrees and understands that
the photographer, in its sole artistic discretion, will decide which images
taken during the session will be edited and presented in the client’s gallery;
not all photos taken during the session will be presented to the client.

Editing: The client agrees and understands that the photographer edits the
proofs at her own artistic discretion, and said editing is included in the
session fee.

Refunds: Due to the custom nature of the custom product and commercialphotography, the digital files cannot be returned, and all money paid is non-
refundable.

Copyright: The client understands that photographer is the sole and
exclusive holder and owner of the copyright of each image taken during the
services provided under this agreement, and the client is receiving a Limited
Commercial Use License as set forth below. Photographer retains all rights to
the images, including but not limited to, the right to copy, display, and/or
publish any and all images, for any reasons, including but not limited to
marketing, advertising, print competitions, and for use on photographer’s
website, portfolio, blog, and social media platforms. Copyright protection is

governed by the Dutch law and any and all violators will be punished to the
fullest extent permitted by law.

Client Usage: Limited Commercial Use License. The client is purchasing from
Photographer high-resolution, un-watermarked digital files, and the
photographer is issuing to the client an exclusive and perpetual limited
license for the client’s limited commercial use of the digital files in the normal
course of the client’s business, including, but not limited to, online
advertising/marketing, or other promotions, or on the client’s website, blog, or
social media platforms. The client understands the digital files are meant for
online marketing and advertising materials or campaigns only, and not for
print use. An exclusive print license agreement will have to be drawn up at an
additional cost to the client.

The digital files may not be altered, edited, or manipulated in any way, except
that the client may add their business name, logo, website or other
advertising or marketing campaign text to the digital files, so long as it does
not affect the elements of the image as styled by the photographer. The
digital files may not be sold, leased, loaned, assigned, given away, or used by
anyone other than the client.

Duty of Client

The client will obtain all permissions necessary for the photographer to
photograph at the shoot. Photographer has no duty to obtain the permission
of restaurants, churches, buildings, properties, or other locations to operate
thereon. The client understands and agrees that any failure to obtain these
permissions resulting in fines to the photographer, or which prevents
photographers from photographing the event(s), is not the fault, liability, or
responsibility of the photographer.

Exclusive Photographer

The client agrees and understands that no other party other than the
photographer may take pictures of any poses, lighting situations, or setups
made by the photographer. This slows down the photographer’s work and
violates the photographer’s right to take pictures of the product. The client
agrees to take responsibility for insisting that no person(s) get in the way ofthe photographer or take photos in these situations.

Model Release (If applicable)

Client grants permission to photographer and its assigns, licensees, and sub-
licensees, permission to use client’s image or likeness in any and all forms of
media for commercial purposes, advertising, trade, personal use, or any and
all other uses. Therefore, the photographer may use the client’s likeness and
image on the photographer’s website or other advertising. The photographer
may sell photos containing the client’s likeness to third parties.

Complaints

The client must examine the work product provided by But First Salt
Photography V.O.F. as soon as possible for possible shortcomings. If a
delivered product does not comply with what the client could reasonably
expect from the agreement, the client must inform But First Salt Photography
V.O.F. of any complaints within 1 (one) month after the discovery of the
shortcomings. The client gives a detailed description as possible of the
shortcomings, so that But First Salt Photography V.O.F. can respond
adequately.

Indemnification

– Except for intent or deliberate recklessness, our total liability due to an
attributable shortcoming in the fulfilment of the agreement or for any other
reason is limited to compensation for direct damage up to the amount of the
price stipulated for that agreement.

– But First Salt Photography V.O.F. is never liable for indirect damages,
including but not limited to consequential loss, lost profit, lost savings or
damage to third parties. In the event of an attributable shortcoming, you
must first notify us in writing within a reasonable period of time, so that we
may fulfil our obligations, repair any errors, limit or eliminate damage.
The client understands and agrees that the photographer is not required to
maintain copies of the photos from this shoot 60 (sixty) days after the photos
have been delivered to the client.

– Client agrees to hold the photographer harmless for any personal injury
which may occur as the client poses or works with the photographer.

– Photographer will strive to present photos in a professional manner, but is
not required to cater to the specific aesthetic preferences of the client.

Privacy and data protection

All data collected by us will be used and processed within the framework of
the current Dutch and European Union data protection laws.

Changes in the general terms and conditions

But First Salt Photography V.O.F. is entitled to change these general terms
and conditions. Changes of minor importance can be made at any time. The
photographer will notify you in advance about major changes by e-mail.

Applicable law and competent court

Dutch law is exclusively applicable to this agreement.

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