The small print
Terms & conditions
This is a courtesy translation. In case of any difference, the Dutch version prevails.
I.GENERAL
- 1.1
These terms apply to a service agreement between the principal (hereinafter: the client) and Yannic Fréson, being the agreement under which Yannic Fréson (hereinafter: the photographer) undertakes to take photographs and to deliver the corresponding photo set.
- 1.2
By booking with Yannic Fréson, the client consents to photos and videos made by the photographer being published on his website and social media as examples or to promote his own services. If the client does not agree to this, they must say so in writing in advance.
- 1.3
Yannic Fréson is only bound to perform the service as specified in the signed quotation. Any additional services will be charged at the rates in force at the time of the service, which are available on request.
- 1.4
Yannic Fréson is not responsible for obtaining permission regarding the possible publication of the work. Any GDPR and/or privacy claim is therefore the responsibility of the other party. Yannic Fréson assumes that the other party is aware of and complies with current GDPR and privacy legislation.
- 1.5
In the event of infringement, legal action may be taken.
II.THE BOOKING
- 2.1
Quotations remain valid for 30 days after the quotation date. They are non-binding until the client accepts them. The booking is final once the quotation signed by both parties has been received. A booking can also be agreed verbally or by email if both parties agree.
- 2.2
Yannic Fréson may ask for a deposit.
- 2.3
Only gift vouchers obtained from the photographer are valid. The photo session must take place before the gift voucher expires. The gift voucher must be presented before the photo session is booked and may only be used for photography services — not for prints. Yannic Fréson cannot be held liable for lost gift vouchers. Gift vouchers cannot be exchanged for cash and may not be resold.
- 2.4
If the client cancels the booking less than two weeks before the date, the deposit will be retained.
- 2.5
If the photographer cancels the booking (for example because he is unavailable or ill on the agreed date), he will do his best to find another photographer with an equivalent style. The deposit will then be refunded.
III.THE SERVICE
- 3.1
The photographer reserves the right to cancel the booking if the actions and preparation requested of the client have not been carried out. The deposit will then be refunded.
- 3.2
Yannic Fréson is bound only by an obligation of means, expressly excluding any obligation of result. Yannic Fréson independently decides how the service agreement (drawn up in consultation with the client) is carried out. The photographer has the right to carry out anything not expressly described when the quotation was approved according to his own technical and creative judgement.
- 3.3
The number of photos delivered cannot be fixed in advance. It depends on several factors, such as the duration of the service.
- 3.4
The photographer makes a selection from all photos taken. These photos are then edited in the photographer's style. Photos that did not make the selection and unedited photos cannot be obtained under any circumstances. Editing the photos yourself or further (for example with filters) is not permitted unless the photographer has given prior written permission.
- 3.5
Yannic Fréson delivers the photos digitally via Dropbox. Other delivery methods are available on request.
- 3.6
Photos are delivered at Facebook resolution by default, being 2048 pixels on the longest side. Photos in the highest resolution can be delivered on request. Photos are delivered as JPEG.
- 3.7
Complaints about the service provided must be submitted to Yannic Fréson in writing no later than seven days after the service was carried out. Complaints after this period will no longer be accepted. Yannic Fréson will take complaints submitted on time into account as far as possible.
- 3.8
Photos, both the JPEG files (edited) and the RAW files (unedited), are kept in the digital archive for 1 year before being deleted. After that, they can no longer be requested.
- 3.9
Yannic Fréson is entirely free to choose the third parties the photographer works with to carry out the service agreement, including models and stylists, unless expressly agreed otherwise. The costs of these third parties are borne by the client.
- 3.10
The photographer is not liable for colour deviations when photos or photo products are printed by third parties.
IV.PAYMENT AND INVOICING
- 4.1
No later than seven days after the service has been completed, Yannic Fréson will send the client an invoice. If services were provided that were not included in the quotation, Yannic Fréson will send the client the final settlement via the invoice. Disputes about the invoice must be submitted to Yannic Fréson in writing no later than seven days after receipt of the invoice. Disputes after this period will no longer be accepted.
- 4.2
The client must pay the invoice no later than 30* days after receipt. If the invoice has not been paid in full within this period, late-payment interest of 1% of the outstanding amount will be charged monthly, without any notice of default, until payment has been received in full. To cover the administrative, financial and organisational costs caused by late payment, the client will owe a surcharge of 10% of the total invoice amount, with a minimum of 50 euros. Yannic Fréson must first substantiate these additional costs.
- 4.3
All disputes arising from the performance of the agreement and all disputes about the interpretation of the agreement shall be submitted to the court of the judicial district of Leuven.
V.INTELLECTUAL PROPERTY
- 5.1
Photos taken by Yannic Fréson are protected by copyright. The photos always remain the intellectual property of the photographer.
- 5.2
Once the service has been paid in full, the client may print and publish the photos for personal purposes. If the client uses the photos for commercial purposes, they must obtain a licence from the photographer.
- 5.3
The name “Yannic Fréson” must be clearly credited with any photo used, unless a licence has been obtained for commercial use. A licence can be obtained on request, for an appropriate fee.
* 30 days for businesses, 14 days for private individuals. The actual payment term is stated on the invoice.