Terms & conditions / 2024
When booking one of my services (photography/videography/retouching), the customer automatically agrees on the terms & conditions below. If you wish to change anything, please let me know before hand.
1. General
I, the photographer/videographer, have the right to change or supplement the terms and conditions in any time. Changes will be communicated to the customer by myself in writing. If the customer doesn’t accept a proposed change, he can terminate the agreement before the date on which the new terms and conditions come into effect.
The photographer/videographer has the right to adjust information regarding rates and agreements at any time.
2. Copyright
The copyright of the photos, videos and retouch work rests at all times with me as the photographer/videographer, also known as Cherelle Overklift photography/Captivate. The photographer/videographer always remains the owner of this work.
The customer must request written permission for the submission of a photo/video/retouch work for competitions/publications by third parties and when the final video is being used for a different end product.
Any use of my work that has not been agreed upon will be considered an infringement of this copyright. In case of infringement of the copyright, I will charge the applicable SOFAM rates. Compensation does not entitle the holder to further use of the my work.
3. Liability
The photographer/videographer is not liable for any damage caused to the customer, unless there is intent or gross negligence on the part of the photographer/videographer or his representatives.
The photographer/videographer is not liable for color deviations on non-calibrated screens or prints that are not supplied by the photographer.
4. Payment / pricing
Payment is made by the customer within 30 days of the invoice date. If not received within the specified period, the customer will owe an additional 10% off the invoice. If the customer does not pay off his debt, I have no other choice but to follow legal action.
If there’s any necessary additional work and/or higher costs during or after the shoot, these will be borne by the customer. This is of course always immediately communicated by me.
For invoices over €7.500 I will ask you to pay 50% of the total amount ahead.
For partnerships with companies outside of Europe I will ask to pay the total amount ahead.
Included in the quotation price is 1 revision and 2 hours of travel time. If the travel time will be more than 2 hours, my hourly rate will apply.
Expenses as parking costs, if necessary model costs, extra costs for (hiring/purchasing) equipment and venues are added to the price.
5. Photographing / filming
It is the customer’s responsibility to obtain any permissions, licenses and pay any fees to any venues/locations or entertainers/musicians performing, where photographing/filming will take place.
Unless you advise me otherwise, I will assume all persons attending the shoot have consented to being photographed/filmed.
I will make every effort to produce a high quality video and ensure all my equipment is of the highest quality and regular maintained. I employ several back-up strategies, but I cannot be held responsible for any lighting, sound or interference issues caused by circumstances outside my control. This includes adverse lighting, noise issues and restrictions imposed by venues.
6. Processing / Delivery
Within 2 days after the photoshoot, the photos will be placed in an online gallery, where the customer can view and mark his favorites in small format. These are so-called contact photos. These contact photos are for the sole purpose of selecting and may under no circumstances be used or published in any way.
Within 14 days after submitting the feedback/marking your favorites you will receive the pictures with the image rights as agreed upon in the quotation/invoice.
If there’s a big amount of pictures to delivered (more than 50), a new delivery period will be determined by me.Within 14 days after a filmday, a draft will be transferred to the customer in order to review and give feedback.
If there are more videos than one, the 14 days applies for each video. Meaning it can take up to 14 days per video to create and upload the draft version.
You have 1 revision to be carried out within the quotation price. If you want a second overhaul, the hourly rate of €95,- excluding VAT applies.
Transfer of raw material can be done on an external hard drive at an additional cost. Please ask for a personal quotation.
For businesses: If you wish to purchase more photos than agreed upon in the quotation, this can be done at an additional cost of €35,- excl. VAT per photo.
For non businesses: If you wish to purchase more photos than agreed upon in the quotation, this can be done at an additional cost of €15,- incl. VAT per photo.
7. Usage / purposes
For businesses; on the quotation and invoice you can find for how long and for what purposes the customer may use the pictures / videos. Also known as the usage rights / buy out time. If the customer uses this work longer than agreed upon, you owe the photographer / videographer a new fee. The customer will be informed by email, also when the user rights are about to expire.
For non businesses; when using / publishing photos by the customer, for example on social media, the name or reference to the photographer/videographer must always be used: Cherelle Overklift.
The costs for these user rights are included in the quotation price.
8. Commercial and business purposes
When booking the shoot, the customer gives permission to use the photos and videos for my own business and commercial purposes. If you do not want to have a specific photo or video online, this can be submitted. If you do not want to have any photo’s or videos posted online, this must be made known before starting the project.
The customer is not allowed to pass on photos and videos to a commercial company without the permission of the photographer/videographer.
9. Cancellation / (re)scheduling
Canceling the order by the customer can be done free of charge up to 2 weeks before the start date. After that, you owe 25% of the quotation price. This is to compensate for the reserved time and the preparatory work.
Rescheduling the date of the shoot can be done up to 1 week before the start date with a valid reason which is beyond your control. For example in case of bad weather (storm, thunderstorms or heavy rainfall) a shoot that would’ve taken place outside, may be rescheduled in consultation with the photographer/videographer. Please be aware of the extra costs if you reschedule on a date in the weekend or on a national holiday.
For shootings in the weekend and on national holidays I request an additional cost of €200 for business and €50 for private shoots.
Weekend: Friday evening, Saturday and Sunday.
National Holidays: 1st of January, 2, 4, 5 and 27th of April, 13, 23, 24th of May, 25 and 26th of December.In the event that the photographer/videographer is unable to perform the shoot due to force majeure, a new appointment will be made as soon as possible. If this is not possible, the customer is entitled to a refund.
10. Complaints
In case of complaints, the customer will give notice about this within 5 working days after receiving the link from the online gallery / the video draft.
In case of dissatisfaction, I will make every reasonable attempt to resolve it. For example re-doing the shoot in a smaller form.