General Terms and Conditions for Meral Soydas Photography

Article 1: Definitions
Offer: Any written proposal made by the Photographer to a legal entity or individual with the intent of entering into an Agreement.
Agreement: The contract between the Photographer and the Client that governs the provision of photographic services.
Assignment: The specific service or product to be provided by the Photographer as stipulated in the Agreement.
Photographer: [Photographer’s Name], registered with the Chamber of Commerce under number [60401079], hereinafter referred to as the “Photographer.”
Client: The legal entity or individual who enters into the Agreement with the Photographer, hereinafter referred to as the “Client.”
Cancellation: The termination or dissolution of the Agreement by either party.
Written Communication: Any form of electronic communication, including email, provided that the identity of the sender and the authenticity of the message can be reasonably verified. The burden of proof for receipt of such communications lies with the Client.
Usage: Reproduction and/or publication as defined under the Dutch Copyright Act of 1912.
Copyright Act: The Dutch Copyright Act of 1912 (Auteurswet 1912).
Article 2: Applicability
These General Terms and Conditions apply to all offers, quotations, Agreements, and other legal relationships between the Photographer and the Client, unless explicitly agreed otherwise in writing.
The applicability of the Client’s general terms and conditions is expressly excluded.
Article 3: Offers
The Photographer shall issue offers in writing, typically in the form of a quotation or price list. Such offers are non-binding unless explicitly agreed otherwise.
Offers are valid for 14 days from the date of issuance unless otherwise specified.
The Photographer reserves the right to adjust price estimates due to unforeseen circumstances or increases in material costs, provided that the Client is informed promptly.
Article 4: Acceptance of the Assignment
The Client must accept the Offer in writing. In the absence of written acceptance, the Client’s conduct that implies consent, including the payment of a deposit, shall be deemed as acceptance of the Offer and the accompanying terms.
The Photographer reserves the right to decline an Assignment if new information comes to light that renders the execution of the Assignment unreasonable or unacceptable.
After acceptance, any modification to the Agreement requires mutual consent. The Photographer is entitled to adjust the price accordingly in such cases.
Article 5: Execution of the Assignment
The Photographer shall carry out the Assignment with due skill, care, and in accordance with professional standards, delivering images consistent with the Photographer’s usual style.
The Photographer shall make all reasonable efforts to perform the Assignment under the given circumstances. The Client must take all necessary measures to create favorable conditions, including providing appropriate instructions to other participants in the event.
The Photographer shall deliver edited images that reflect the Photographer’s standard optimizations in areas such as lighting, color, contrast, and cropping. Further editing services may be agreed upon separately and may incur additional charges.
The Client shall cooperate fully to ensure the timely and correct execution of the Assignment.
Group photos or other specific requests shall be fulfilled only if circumstances allow, sufficient time is available, and the Client provides adequate facilities. The Photographer does not guarantee the delivery of all requested images.
If weather conditions prevent outdoor photography as requested by the Client, the Client must provide a suitable indoor location with adequate natural light.
The Client is responsible for securing any necessary permissions or paying any additional fees required for photography at the chosen location.
For Assignments exceeding eight hours, the Client must provide a meal for the Photographer if the work continues through standard meal periods.
In the event that the Photographer is unable to personally execute the Assignment due to unforeseen circumstances, the Photographer shall endeavor to find a suitable replacement with a comparable style, subject to prior agreement with the Client.
Article 6: Delivery
Delivery times provided are indicative and not binding unless otherwise agreed in writing.
The Photographer shall deliver a curated selection of photos captured during the event or session, based on the Photographer’s professional judgment. The Photographer shall not deliver all raw or unedited images.
Edited digital images will be delivered within 12 weeks for weddings and within 6 weeks for shorter sessions, via an online gallery.
The Photographer shall determine which photos are delivered in color or black and white.
For wedding Assignments, albums will only be designed and delivered after full payment of the final invoice. For sessions, digital images will only be delivered once the invoice has been paid in full.
Article 7: Photo Album
The Photographer is responsible for the selection and initial design of the album, based on their own expertise, style, and discretion, without intervention from the Client. The first draft will be delivered within four weeks after the invoice for the standard album has been paid.
The Client may request changes to the photo album up to two times.
Permitted changes include the complete removal of spreads (two consecutive pages) or the replacement of individual photos with another photo of the same ratio.
The Client may request changes within 14 days after the design is delivered. For later requests, the Photographer may apply a more flexible adjustment period than that specified in paragraph 5 of this article.
The Photographer shall implement the changes within 14 days of receiving the request.
Additional changes or other modification requests may be made at an extra cost. The Photographer will inform the Client of the associated costs in advance.
The Photographer will not print (wedding) albums until the Client has confirmed that no further changes to the selected photos are desired and the invoice related to the (wedding) album has been paid.
Article 8: Compensation
If no compensation has been agreed upon between the parties, the usual fee charged by the Photographer shall apply.
If no standard fee can be referenced, the Photographer shall request a reasonable and fair fee for the services provided.
If it is reasonable to assume that the Photographer has incurred higher costs and/or has performed additional work, which was reasonably necessary, the Photographer shall pass these costs on to the Client.
In the case of a wedding, the Photographer shall receive a fee of €1000 for reserving the date.
The final fee shall be based on the work performed and costs incurred, calculated on a post-calculation basis, taking into account the agreed hourly rate and other usual rates.
All amounts mentioned by the Photographer include VAT, unless otherwise agreed.
Article 9: Payment Terms
The Photographer shall issue an (electronic) invoice to the Client for the amount owed, unless otherwise agreed.
Unless otherwise agreed, the payment term is 14 days after the invoice date.
The invoice for reserving the date of the assignment must, in any case, be paid before the start of the assignment. If this payment is not made, the Photographer is entitled to unilaterally terminate the agreement.
If the agreement is modified or supplemented, the Photographer is entitled to adjust and increase the price accordingly.
If the Client chooses not to use the products/images produced under the agreement, this does not affect their payment obligation. The Client shall not be entitled to a discount or refund in such a case.
If an invoice is not paid within the payment term, statutory interest and collection costs will be charged on the outstanding invoice amount. The Photographer will first issue a notice of default to the Client.
Article 10: Cancellation and Suspension
If an invoice is not paid within the payment term, the Photographer, after notifying the Client, may suspend all work for the Client until the invoice amount is paid.
If the Client fails to provide the necessary information for the execution of the assignment in a timely manner or fails to be present in a timely manner when necessary for the execution of the assignment, the Photographer is entitled to suspend or terminate the agreement.
Suspension or termination of the agreement shall be communicated in writing.

Cancellation can be made free of charge up to 14 calendar days after concluding the agreement, unless the work is carried out within 30 calendar days or the agreement is concluded as a B2B contract.
In case of cancellation up to six months before the wedding, cancellation is free of charge, minus the already paid deposit.
For cancellations between six and three months before the wedding, 25% of the quoted amount becomes payable.
For cancellations between three months and one month before the wedding, 40% of the quoted amount will be charged.
For cancellations within one month before the wedding, 60% of the quoted amount will be charged.

Cancellation of non-wedding shoots: For cancellations of shoots other than weddings, the following rules apply: In case of cancellation within two months prior to the shoot, the deposit is non-refundable.

Any costs incurred for third parties and materials may also be charged if these costs exceed the stated percentages.
If the client wishes to cancel a subscription before the commencement of the first shoot, 10% of the quoted amount becomes payable. In the event of cancellation after the start of the first shoot, the full payment obligation remains in effect.

Article 11: Termination
Either party is entitled to terminate the agreement without notice or judicial intervention if the other party: a. Is declared bankrupt or enters into a composition with creditors. b. Discontinues its business activities or liquidates its business. c. Otherwise ceases to function or manage its business affairs in a normal manner.
If the Photographer terminates the agreement due to any of the above circumstances, all claims of the Photographer against the Client shall become immediately due and payable.
Article 12: Liability
The Photographer is not liable for any damage or loss suffered by the Client, except in cases of willful misconduct or gross negligence by the Photographer.
The Photographer is not liable for any consequential damages or losses, including but not limited to loss of profit, missed opportunities, or loss of income, except in cases of willful misconduct or gross negligence.
The Photographer’s liability shall not exceed the amount covered by the Photographer’s insurance policy. If the insurance does not cover the damages or losses, the Photographer’s liability shall be limited to the amount invoiced for the assignment.
The Photographer is not liable for damages or losses resulting from the use of third-party services or products recommended by the Photographer, including but not limited to printing services or makeup artists.
The Client is responsible for ensuring that any third parties hired for the assignment comply with the Photographer’s instructions and adhere to all relevant terms and conditions.
Article 13: Copyright
The Photographer retains all copyrights to the images created during the assignment, unless otherwise agreed in writing.
The Client is granted a non-exclusive license to use the images for personal, non-commercial purposes, unless otherwise agreed in writing.
The Client is not permitted to alter, edit, or manipulate the images without the Photographer’s prior written consent.
If the Client wishes to use the images for commercial purposes, a separate agreement must be made with the Photographer, and additional fees may apply.
The Photographer is entitled to use the images for promotional purposes, including but not limited to, the Photographer’s portfolio, website, and social media platforms, unless otherwise agreed in writing.
Article 14: Disputes
All disputes arising from the agreement between the Photographer and the Client shall be submitted to the competent court in the district where the Photographer is established.
The agreement is governed by Dutch law.
Article 15: Final Provisions
If any provision of these General Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These General Terms and Conditions may be amended or supplemented by the Photographer at any time. The amended terms and conditions shall be effective upon written notification to the Client.