Article 1: Application

1.1. These general terms and conditions apply to all legal relationships between Studio Leau and the client. Issuing an assignment and/or placing an order implies that the client fully and unreservedly agrees to these general terms and conditions. Any deviation from these general terms and conditions requires the prior written approval of the photographer.

These general terms and conditions take precedence over the client's general terms and conditions

Article 2: Definitions.

2.1. The Photographer: Liselotte Van Tittelboom or her designee, hereinafter referred to as "the Photographer".

2.2. The client: the natural or legal person who hires the services of the photographer in order to carry out a creation commissioned by him. The Photographer may consider as her client - held in her own name - any person who has entrusted her with a commission, unless this person has explicitly stated that he is acting as a representative, organ of a legal person, as a proxy, in the name and on behalf of a third party for which this will only be valid if the name and address of this third party, proxy, legal person or representative is provided to the Photographer at the same time as the commission.

2.3. A photo session, photo series, photography, photo albums, photo box, photo shoot, prints, production, product, website(s): the online or offline services, deliveries, work to which the agreement relates.

2.4. An extra: the natural or legal person with whom the client entered into an agreement in order to achieve a specific partial aspect of the work to be performed. Also referred to in professional jargon as a model or photographic model.

Article 3: Prices and offers

3.1. The prices applicable to the services provided by the photographer are those published on the website (www.studioleau.be) and/or in an offer. The prices are expressed in euros and exclude taxes and VAT, unless demonstrably stated otherwise.

3.2. Prices are subject to change at any time. The changed prices will apply to all orders placed after the change was made.

3.3. Quotations are entirely without obligation, unless demonstrably stated otherwise. The quotation does not oblige to deliver or perform part of the performance at a proportional price.

Article 4: Agreement and advance payment

4.1. An order agreement between the photographer and the client regarding the supply of photographic and other visual material is only established by the photographer's written confirmation.

4.2. The agreement is finalized upon receipt of the deposit. This deposit amounts to 30% of the total price of the basic package for a wedding shoot. This deposit must be paid within 10 days of the photographer's written acceptance of the assignment and/or order. If the advance is not paid on time, the photographer has the right to unilaterally terminate the agreement without prior notice of default, without having to seek prior permission from the Court and without the photographer being liable for compensation of any kind.

4.3 The agreement between the photographer and the client is made for one specific date or several dates. Only this date or dates are booked by the photographer and definitively confirmed by means of the advance payment (see 4.2). If the client wishes to move the date to another time, for whatever reason, the photographer will charge an administrative fee of €250.

Article 5: Costs

5.1. The photographer is always entitled to request an advance for expenses from the client. All travel expenses such as transportation tickets, overnight stays, catering, etc. shall be borne by the client. They are either charged to the client in the fee or invoiced directly by the photographer to the client.

Article 6: Number of photographs

6.1. If in the execution of the assignment by the photographer a USB stick, WeTransfer link, Dropbox folder or PicTime gallery with photos is delivered to the client, the number of photos delivered depends on the nature of the assignment and the duration of the reportage.The number is determined by the photographer.

6.2. Unless otherwise agreed between the parties, the digital delivery will contain approximately the following number of photos (slight variations are possible, depending on the result of the photo shoot):
- Wedding: 20 to 40 photos per hour (depending on the duration, number of details, number of people present,...)
- Portrait reportage: 20 photos per hour, with the possibility of ordering additional photos.
- Corporate photography: o.t.k.
- Other than listed above: minimum number of photos to be agreed upon

6.3. The photographer makes his or her own judgment as to which photographs will be made available to the client.

Article 7: Quality of work

7.1. The photographer declares, by his own standards, to take quality shots and also to edit them in his own style.

7.2. The photographer has the right to carry out anything not expressly described in a commission according to his own technical and creative discretion.

7.3. Changes to the commission by the other party for whatever reason and pending the execution of the commission, are for the account of the other party and will only be carried out by the photographer after separate quotation of additional costs signed for approval by the other party and returned to the photographer. Changes to the original commission extend the execution period.

7.4. The specific editing and/or correction of images is not included in the assignment. An additional fee of €25/photo will be charged for specific editing of images (so-called 'Photoshopping') at the request of the client.

7.5 The client may be present or may send an authorized representative to the shoots. If they are not present, the client must comply with the photographer's judgment as to the proper execution of the commission, without having any recourse.

Article 8: Placing the order (prints - albums - other)- changing the order

8.1. The advance for the layout of a wedding album is €375. This price includes the design hours and 3 rounds of corrections. This price does not include the addition of extra pages other than those provided in the basic package, all possible extra options, additional shipping costs and possible taxes. These additional prices are clearly listed in the information brochure.

8.2. The price for the layout of the wedding album is non-refundable, even if the album is not printed.

8.3. When placing the order, the client must provide accurate and precise information about the identity of the recipient of the order, the delivery address and the e-mail address to which a confirmation of the order can be sent.

8.4. Any person or firm placing an order with a request to charge it to third parties shall be held jointly and severally liable for its payment.

8.5. An order does not bind the photographer until it is confirmed by email or any other available means of communication.

8.6. The order will be delivered only after its payment has been received.

8.7. The photographer will give the album design in print only after the album layout has been approved in writing by the client.

8.8. The photographer must make the corrections indicated in writing by the client, but is not liable for spelling, linguistic, grammatical or other errors not indicated. As soon as the photographer has sent the order to the printer, no further corrections can be requested by the client.

Article 9: Payments

9.1. The photographer's invoices are payable within 10 days of invoice date, unless otherwise stated. All payments should be made through the bank account number KBC Bank IBAN BE77 7370 4915 9542.

9.2. All sums not paid on the due date shall automatically, and without prior notice, incur interest of 1% per month on the outstanding amount and liquidated damages of 15% of the invoice amount, with a minimum of €75, unless greater damages are proven. This increase is justified by the burden and difficulties, the costs of correspondence, the loss of time, the difficulties in accounting and the lack of disposal of the unpaid amount. The advance shall automatically belong to the photographer and shall be offset against the above-mentioned compensation. The waiver of rights shall take effect only at the moment of full payment of the compensation for waiver of rights.

9.3. After placing the order, the client will receive by email a confirmation of the order as well as the corresponding invoice, with a request to transfer the amount to the photographer's bank account. Upon receipt of payment, the design, products and/or developed photographs will be created and delivered.

9.4. Any complaint related to the invoice or to billed works must be reported in writing within 8 days of the sending of the invoice under penalty of inadmissibility.

9.5. Each order signifies the client's acceptance of our terms and conditions.

9.6. Upon payment of an invoice, even in the case of a partial payment, it may always be deemed that the works have been accepted and approved by the customer in terms of price as well as in terms of quality unless the customer has lodged a protest against the invoice within the aforementioned period.

Article 10: Delivery and shipment.

10.1. Image carriers will be delivered to the premises where the photographer conducts her business. Orders can be picked up at the premises where the photographer conducts his business at no additional cost. The client must explicitly inform the photographer of this in advance.

10.2. The delivery date and place are determined in advance schritically between the photographer and the client.

10.3. All orders will be shipped by the photographer via regular mail. The cost of express shipment by courier resulting from an urgency or at the simple request of the client shall be borne by the client.

10.4. Sent photographs or other carriers are at the risk of the other party from the moment of dispatch until the moment the photographs or carriers are received back undamaged by the photographer. The Photographer is not liable for delay, theft, loss and/or damage caused by B-Post or by a third party used by the Photographer to send the orders.

10.5. The photographer delivers only to addresses in Europe.

10.6. Delivery time depends on the product ordered. Cards and photo albums are delivered within 50 working days after receipt of payment, unless otherwise stated on the quotation.

10.7. The delivery time always starts upon receipt of your payment.

10.8. If no delivery time has been agreed upon, it shall be reasonably determined by the photographer. If the photographer and the other party agree to advance the delivery time, the photographer is entitled to increase the originally agreed fee by at least 50%.

10.9. If the client amends the original agreement, then the delivery period may be extended.

10.10. If the client does not receive the order within the agreed deadline, he has one week to notify the photographer. Under no circumstances can exceeding the delivery period entail a reduction in the price, or cause any compensation or termination/dissolution or breaking of the agreement.

10.11. If the shipment containing the order reaches the photographer again because you have provided an incomplete or wrong delivery address, the client cannot claim compensation. At the request of the client, the order will be sent again and the client must pay the shipping costs.

Article 11: Meals for the photographer.

11.1. On assignments lasting five (5) hours or longer, a hot and/or fresh meal must be provided for the photographer. If the client does not provide a meal, the client understands that the photographer will leave the shooting location to purchase a meal and that the photographer is not responsible at that time for time lost as a result. The client understands that a photo shoot is hard work, and a decent meal for the photographer is in the best interest of all parties.

Article 12: Liability.

12.1. The performances and services provided by the photographer are always an obligation of effort, but not an obligation of result.

12.2. The photographer must make the corrections indicated in writing by the client, but is not liable for spelling, linguistic, or grammatical errors not indicated. Once the photographer has sent the order to the printer, no further corrections can be requested by the client.

12.3. The photographer bears no responsibility whatsoever for color deviations that may arise during the fulfillment of the assignment e.g. due to the composition of the photographed objects or as a result of fluctuations in color temperature.

12.4. The photographer is not liable for color deviations on non-calibrated monitors or prints not supplied by the photographer.

12.5. The photographer is also not responsible if a shoot is rejected by the client because the client's briefing, concept or strategy changes or because the product was delivered with defects by the client. In the aforementioned cases, the full fee and all costs are due. This also applies to any new recording made afterwards, independent of the rejected recording.

12.6. Changes specified verbally shall be carried out at the client's risk.

12.7. The photographer is not liable for any direct or indirect damages incurred by the client, unless intent or gross negligence on the part of the photographer.

12.8. Except in cases of willful misconduct, the photographer's total liability is limited to the invoice amount

12.9. Under no circumstances can the photographer be held liable for physical or material damage caused by falling, slipping, etc. of the other party during the photo session.

12.10. Under no circumstances can the photographer be held liable for the loss and/or damage of the client's property before, during or after the photo session.

12.11. The photographer is not responsible for damage to or loss of items necessary for the completion of an assignment. All clothing, collection pieces and other accessories will be treated with due care but in case of damage or loss, the photographer cannot be held responsible. If the value of the goods justifies it, the photographer may have the goods insured and the photographer is entitled to pass on the cost to the client.

12.12. The photographer is not liable for obtaining the agreement of the holders of copyrights, neighboring rights, image rights, trademark rights, whose works, performances, images or trademarks are depicted on the material and are necessary for the use of the photographic and other image material, nor for paying the costs associated therewith. These amounts are not included in the fee. In such a case, the client shall indemnify the photographer against all claims which the latter may have against the photographer as a result of the client's use of the photographic and other image material.

12.13. The photographer's liability in producing shots does not extend beyond his own intervention. The photographer is therefore not responsible for the behavior, punctuality or professional performance of any employee, model, actor, extras, even if contacted by him on behalf of the client.

12.14. The Photographer is not responsible for any delay or cancellation of a production or shoot due to late delivery by the client or its subcontractor of any product or accessory, or to the punctuality or faulty behavior of the latter.

12.15. The photographer is not liable for damage or loss caused by the development lab, a defect in manufacture, airport x- ray control and the like . This enumeration is not exhaustive. In all such cases, the photographer's fee is also due in full. In the event that the photographer's liability should nevertheless be compromised, the compensation payable by him cannot exceed the fee for that particular assignment.

Article 13: Cancellation

13.1. In case of cancellation by the client, the full deposit will be charged, regardless of the reason or time of cancellation. A new date may be proposed by the photographer without additional charge.

13.2. The photographer reserves the right to terminate the present agreement with immediate effect in case of sexually transgressive and inappropriate behavior by, among others, the client. In this case, the photographer reserves the right to claim damages in the amount of €1000.

Cancellation of a wedding shoot

13.3. In case of cancellation by the client after the order agreement has been established, the photographer shall be compensated as follows:

  • in case of cancellation up to 3 months before the agreed wedding date, an additional cancellation fee of 50% on the balance amount of the final invoice will be due.
  • in case of cancellation up to 6 months before the agreed wedding date, an additional cancellation fee of 25% on the balance amount of the final invoice will be due.

Cancellation of a photo session (other than a wedding shoot)

13.4. A photo session can be cancelled free of charge by the client up to 1 month before the scheduled date. In case of cancellation 1 month or less before the session or if the client does not show up, a cancellation fee of € 150 will be charged.

Article 14: Force majeure

14.1. When the execution of the commission cannot be realized due to force majeure, the photographer is entitled to terminate the commission. In this case the other party is obliged to compensate the photographer for work already done. Under no circumstances is the photographer obliged to pay any compensation to the other party.

14.2. In case of force majeure, the photographer shall notify the other party with urgency. After receiving this notice, the other party has 2 weeks to dissolve the agreement. If the other party decides to dissolve, it is obliged to compensate the photographer for work already done.

14.3. Force majeure includes: loss of the original digital files due to a crash, war, mobilization, riots, atmospheric disturbances, floods, storm damage, blockage in train, water, air, or road traffic, lack of fuels, stagnation in, restriction or discontinuation of supply by public utilities, fire, breakdown of machinery and other productions, creations, works, disturbances, strikes exclusions, government measures, non-delivery of materials by third parties and other circumstances unforeseeable at the time of the realization of the assignment and/or agreement, which make the performance of the assignment and/or agreement impossible or which are of such influence that the other party cannot reasonably and fairly demand the performance of the assignment and/or agreement. This enumeration is not exhaustive.

14.4. In the event that the agreement cannot be executed by the photographer due to illness or accident, the photographer and the client shall seek a mutually agreed solution. If necessary, the photographer shall try as much as possible and with the consent of the client to provide a replacement. In this case, the client shall be deemed to contract directly with the substitute and the photographer can therefore no longer be held liable for any (extra)contractual shortcoming by the substitute. In case no replacement can be found, both parties can terminate the agreement free of charge. In this case, the photographer undertakes to refund the advance already received, but will not owe any compensation to the client.

Article 15: Complaints

15.1. If the client is not satisfied with the quality of the work, he can notify the photographer by email: info@studioleau.be or via the website: www.studioleau.be.

15.2. All formal complaints regarding services rendered, orders and/or the invoice must be sent by the client, by registered mail to the photographer within 8 days of the execution or invoice date. Any late protest is inadmissible.

Article 16: Copyright - Right of reproduction - Use of the photographs

(Act of June 30, 1994 on Copyright and Related Rights).

16.1 The photographer retains the copyrights to all works she performs for the client. The client confirms that he has no claim to the copyright and copyright of the photographs and/or drawings, either in analog or digital form.

16.2. Neither the client nor the model have exclusivity rights to the shots taken, neither the style nor the editing applied to the photographs.

16.3. The client has the right to use and reproduce the works for personal purposes. The total invoice price includes the client's right to use and reproduce the works for personal purposes. Reproduction of any work for personal purposes by the client is only allowed in accordance with the provisions of articles 21 and 22 of the Belgian Copyright Act. The right of use is personal and may in no case be transferred, except with the written consent of the photographer.

16.4. Unless otherwise stipulated in writing, confirmed by the Photographer in writing, the Photographer's fee shall cover his time, experience, and waiver of reproduction rights only for the expressly agreed manner, form, destination, and territorial scope of exploitation and for the duration of 1 year. In the absence of such provision in the agreement, the photographer has the right to oppose the use of the photographs until written agreement on these points. The client is responsible for the use of the photographs and other visual material by third parties.

16.5. The client undertakes to accompany any authorized exploitation of the photographic and visual material, as well as any reproduction, with the mention "© Studio Leau", "© Studio Leau Photography" or "© WWW.STUDIOLEAU.BE".

16.6. The client is prohibited from changing the photographs in any way. The client is obliged to have changes in color and the like made by the photographer. If this is requested after the completion of the entire commission, a new quotation will be made for this purpose.

16.7. The photographer retains in all circumstances full ownership of all photographic and other image material delivered to the client, as well as every reproduction to be accompanied by a mention of "© Studio Leau", "© Studio Leau Photography" or "© WWW.STUDIOLEAU.BE" including the ownership of the digital files, the cliché, the dies and other carriers, even in the case of their temporary provision to the client.

16.8. In case of non-compliance with the above-mentioned naming rights, the photographer is entitled to compensation of at least 100% of the license fee usually charged by the photographer, without losing any right to compensation for other damages (including the right to compensation for all direct and indirect damages and all actual judicial and extrajudicial costs).

Article 17: Portrait rights

17.1. Images created by the photographer may be published at any time on the photographer's website, her blog, or on the social networking sites on which the photographer is active. The photographer may also use the images for promotional purposes, including portfolios, advertisements, social media, magazine articles, printed matter, trade show material, etc. This enumeration is not exhaustive. If the client or model does not grant permission for this right, the photographer must be notified by e-mail within 8 working days after the photo session.

Article 18: Retention of files.

18.1. Photographs taken by the photographer will be stored digitally for a minimum of 60 days after the invoice date.

18.2. Under no circumstances shall the photographer be liable to pay any compensation to the client in the event of loss of data due to force majeure.

Article 19: Changes to terms and conditions

19.1. The photographer may change these special conditions at any time. The other party should regularly take note of the applicable conditions.

Article 20: Countermandability

20.1. By not protesting in writing within the week of these general conditions, the user expressly agrees, to the exclusion of all others, and clearly renounces to invoke its general conditions. No conflicting clause shall be accepted by SOFAM.

Article 21: Sanctions SOFAM

21.1. The preceding provisions affect the rights and damages due according to the SOFAM rate:
- Use without prior authorization: lump-sum compensation of 200% of the basic royalty calculated according to SOFAM rate, with a minimum of €123.95;
- Use without mentioning the name of the author and/or of his rightful claimant: lump-sum compensation of 100% of the basic royalty calculated according to SOFAM rate, with a minimum of €123.95;
- Use with wrong name signature: flat-rate compensation of 300% of the basic royalty calculated according to SOFAM rate, with a minimum of €247.89;
- Modification of the work without the author's prior consent or in the event of damage to the integrity of the work: flat-rate compensation of 200% of the basic royalty calculated according to SOFAM rate, with a minimum of €123.95. The user will also pay an additional compensation equal to the real cost of searches, findings, minutes, travel, acquisition of evidence by SOFAM, as well as all other real costs incurred by SOFAM because of his infringement, with a minimum of €123.95.

Article 22: Applicable law and competent court

22.1. These terms and conditions are subject to Belgian law and in the event of disputes with customers who are not consumers, only the company court in the district of our registered office has jurisdiction, unless the law imperatively provides otherwise. In the event that the customer is a consumer, the justice of the peace of the cantonal court or the courts of the district of our registered office shall have exclusive jurisdiction in any proceedings that the customer initiates against us, unless otherwise required by mandatory law. In the event of proceedings initiated by us, the court of the defendant's domicile, the court of the place where the contract was signed or the court of the place of delivery shall be competent, at our discretion.