BUT FIRST SALT PHOTOGRAPHY

TERMS AND CONDITIONS

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

Hoogmeer 2813, 6605 CN Wijchen – The Netherlands

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

I love to capture the visual stories behind everything I photograph while ensuring that it stays in the limelight. I specialise in capturing the magic behind the creations and the effort that went into them.

I am a self-taught photographer. Like almost all those who started out, I photographed nature and the little beauty around me. Soon I brought a macro lens to up my macro game. Later, I wanted to branch out and try other things because I already have the equipment, so why not? I fell in love with food photography while trying to find my niche and fell in love. I didn’t get into food or still life photography until recently. Still, I love to photograph them as I believe that photos have the power to invoke some strong memories. The colours and textures might remind you of some of the best moments in your life and some not so great times. Maybe it reminds you of the first time you made pasta from scratch or of the smell of the lavender fields you used to visit as a child, or of those luxurious vacation resorts you stayed at. The photos keep you company when you needed them the most and give you memories to cherish forever. 

Every picture I take has a story attached to it, and I believe that the story is just as important as the picture itself. Each person has their own unique story of how the idea came about and their own unique way of telling it. I love capturing that aspect in my photos. I want you to be transported to that place when you see my pictures.  

When I am not in the laboratory or taking pictures, you will probably find me in the woods enjoying a walk in nature. And if I am not doing either of those things, I am probably home watching YouTube and slowly falling into the YouTube rabbit hole. It’s funny how it always starts as just one video!

Applicability

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

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

– But First Salt Photography 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. Additional heavy editing will be charged at an extra rate of €10 (Ten euros) per image.

Refunds: Due to the custom nature of the custom product and commercial food photography, 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 of the 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 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 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 can respond adequately.

Indemnification

– Except for intent or deliberate recklessness, my 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 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 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