Terms & conditions

When you book a shoot, you agree to these terms & conditions.

1. Scope

1.1

These general terms and conditions apply to all legal relations between Lies Warlop Photography and the client. Issuing a commission 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 prior written approval by the photographer.

2. Definitions

2.1	The photographer: Lies Warlop Photography, hereinafter referred to as “the photographer”; Heirweg 76, 9750 Kruisem – Belgium
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, which 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 covered by the agreement.
2.4.	A model: the natural or legal person with whom the client concluded an agreement in order to achieve a specific partial aspect of the work to be performed.

3. Prices, quotations and gift certificates

3.1.	The prices applicable to the services provided by the photographer are those published on the website and/or in an offer. Prices are expressed in euros and include taxes and VAT, unless demonstrably stated otherwise.
3.2.	The prices quoted on are exclusive of travel, accommodation and shipping costs. If relevant, these shall be stated separately on the quotation.
3.3.	Prices are subject to change at any time. The changed prices will apply to all orders placed after the change was made. The price you receive on the day of booking will remain unchanged regardless of any price increases.
3.4.	Quotations are entirely without obligation unless demonstrably stated otherwise. The offer does not oblige to deliver or perform part of the performance at a proportional price.
3.5.	Discounts cannot be combined. A discount can only be applied once per customer.
3.6.	Gift certificates are only distributed by the photographer. Gift cards are valid up to and including 1 year from issue date, are not redeemable for cash and are not transferable. Gift certificates cannot be returned.

4. Agreement and deposit

4.1.	An order agreement between the photographer and the client regarding the supply of photographic and other visual material is only established by written confirmation by the photographer and the client.
4.2.	The agreement is definitively established upon receipt of the advance payment. This advance is 50% of the total invoice amount or €250 for a wedding reportage. This advance payment must be paid within 30 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 the need to seek prior permission from the Court and without 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).

5. Number of photo’s

5.1.	Finished photos are: High resolution photos Edited to the photographer’s style and standards, basic retouching (straightening, optimizing colours, getting rid of spots/dust, interfering skins, red eyes, …) In colour or black and white
5.2.	Unless otherwise agreed between the parties, the digital delivery will contain approximately the following number of photos (minor deviations are possible, depending on the number of people present in the reportage and the result of the photo shoot): Wedding: 20 to 40 photos per hour Family, baby, pregnancy or portrait: 20 photos per hour Different: minimum number of photo’s to be agreed upon
5.3.	The photographer shall make her own judgment as to which photographs will be made available to the client.
5.4.	If the client requests additional post-processing or retouching after the photos have been delivered, the photographer will charge an additional fee.

6. Quality of work

6.1.	The photographer declares, by his own standards, to take quality shots and also to edit them in his own style.
6.2.	The photographer has the right to carry out anything that is not explicitly described in a commission according to his own technical and creative discretion.
6.3.	Changes to the commission by the client for whatever reason and pending the execution of the commission, are for the account of the client 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.
6.4.	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.

7. Payment

7.1.	The photographer’s invoices have a payment term of 30 days from invoice date, unless otherwise specified. All payments shall be made through the bank account number listed on the invoice.
7.2.	After mutual confirmation of an agreement (see 4.1), the client will receive the corresponding advance invoice by email, with a request to transfer the amount to the photographer’s bank account (see 4.2).
7.3.	After execution of the agreement, the photographer has a few days to process the photos (see 8.1). After that, the processed photos will be made available to the client digitally. Together with the digital provision, the client also receives an invoice for the remaining amount.
7.4.	All amounts not paid on the due date shall automatically, without prior notice, yield interest of 1% per month on the outstanding amount and a lump-sum compensation of 15% of the invoice amount, with a minimum of €75, unless a greater damage is 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.
7.5.	Any complaint relating to the invoice, or the related works must be reported in writing within 8 days of the sending of the invoice under penalty of inadmissibility.
7.6.	Upon payment of an invoice, even in the event of partial payment, the works may always be deemed to have been accepted and approved by the customer in terms of price as well as quality unless the customer has protested the invoice within the above-mentioned period.

8. Delivery and shipment

8.1.	One week (7 days) after the shoot (30 days for a wedding shoot type LUX or DELUX) you will receive the edited photos in high resolution.
8.2.	Digital delivery of the finished photos to the client will be via a WeTransfer link, Google Drive folder or online gallery. The digital delivery will remain available for one month. It is the client’s responsibility to download and save the photos within that time frame.

9. Meals for the photographer

9.1.

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 for the time being 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.

10. Liability

10.1.	The performances and services provided by the photographer are always an obligation of effort, but not an obligation of result.
10.2.	Changes specified verbally shall be carried out at the risk of the client.
10.3.	The photographer shall not be liable for any direct or indirect damages incurred by the client, unless intent or gross negligence on the part of the photographer.
10.4.	Except in cases of wilful misconduct, the total liability of the Photographer is limited to the invoice amount.
10.5.	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 shoot.
10.6.	Under no circumstances can the photographer be held liable for loss and/or damage to the client’s property before, during or after the photo session.
10.7.	The photographer is not responsible for damage to or loss of the items necessary to accomplish 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.
10.8.	The photographer is not liable for obtaining the agreement of the holders of copyrights, neighbouring 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 to pay the costs associated therewith. These amounts are not included in the fee. In such a case, the client shall indemnify the photographer against any claims which the latter may have against the photographer as a result of the client’s use of the photographic and other image material.
10.9.	The photographer is not responsible for any delay or cancellation of a production or shoot due to late delivery by the client or his subcontractor of a product or accessory, or due to the punctuality or incorrect conduct of the latter.

11. Cancelling

11.1.	The photographer reserves the right to terminate the agreement with immediate effect in case of sexually transgressive and/or inappropriate behaviour by the client, among others. The client loses the advanced payment and is not entitled to the photos already taken.
	Cancelling a wedding shoot
11.2.	In case of cancellation by the client after the deposit was made, the photographer will be compensated as follows: In case of cancellation up to 3 months before the agreed wedding date, an additional cancellation fee of 50% of the final invoice balance will be due. in case of cancellation up to 6 months before the agreed wedding date, an additional cancellation fee of 25% of the balance of the final invoice will be due.
	Cancelling any other shoot
11.3.	In case of cancellation by the client after the deposit was made, the full deposit will be charged, regardless of the reason or time of cancellation. A new date may be proposed by the photographer at no additional charge

12. Intellectual property

12.1.	All rights to the supplied photographs, digital products or other derived products remain the property of the photographer at all times. Photographs or other derived products supplied are for private use only and may not be reproduced, published or edited in any way, even partially, without the express, prior and written consent of the photographer. You are therefore granted a non-exclusive and non-transferable right to use the purchased products or services. The fee for the granted right of use is always included in the price.
12.2.	The client will also ensure that the people in his/her environment who come into contact with the products covered by this agreement will respect this non-exclusive right of use.
12.3.	When using the images online on social media, for example, the photographer (Lies Warlop Photography) must always be mentioned. Failure to do so constitutes copyright infringement.
12.4.	It is prohibited to edit or modify the photographs. The photographs may only be used as delivered. The client may not retouch the photos delivered or change the colours.
12.5.	The website, logos, texts, photographs and in general the communications of the photographer are protected by intellectual property rights which belong to the photographer.

13. Publicity

13.1.

The photographer retains the right to use all photos or other derivative products created for publications or commercial purposes, exhibitions, competitions, regardless of the medium used. The client may object to this in writing at the latest on the first day the photographs are made available to him digitally.

14. Storage of photo material

14.1.	The photographer shall make several backups of the photos immediately after the photo shoot, so that they will certainly not be lost until the delivery of the finished photos.
14.2.	The finished photographs shall remain at the client’s disposal for at least one month (see 8.2).
14.3.	After the period of one month, the photographer is not responsible for the loss of your photos.

15. Force majeure

15.1.	In case of force majeure, the photographer is not legally obliged to fulfil the agreements made. In such a case, the photographer may suspend the obligations for as long as the force majeure lasts, or dissolve the made agreement definitively.
15.2.	Force majeure is any circumstance beyond the will and control of the photographer, which prevents the fulfilment of all or part of its obligations. This includes, but is not limited to: illness, death, strikes, unexpected traffic jams, accidents on the European roads, fire, operational failures, energy failures, failures in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time, non-delivery or late delivery by suppliers or other third parties engaged, …
15.3.	In case of bad weather (including, but not limited to: heavy rain, hail, snow, strong wind), only the photographer can decide whether or not to proceed with the photo shoot.

16. Jurisdiction and applicable law

16.1.

Belgian law shall apply to all disputes related to or arising from the offers and/or agreements. In case of disputes or litigation, only the courts of the judicial district of my primary residence have jurisdiction.