Article 1: Definitions

In these general terms and conditions:

1.1 Agreement: the agreement of Assignment between Melanie Yanagida (hereinafter: Photographer) and the person or persons with whom the agreement is concluded (hereinafter: Client).

1.2 Assignment: the service or product that will be provided by the Photographer.

1.3 Quotes: All offers, price quotes from Photographer to persons with whom it is intended to enter into an agreement.

1.4 Client: the person or persons with whom Photographer has concluded the agreement, also the acceptor of these general terms and conditions.

1.5 Cancelling: termination or dissolution of the agreement.

1.6 In writing: where these general terms and conditions refer to ‘in writing’, electronic communication such as e-mail is also referred to, provided that the identity of the sender and the authenticity of the communications are sufficiently established. The burden of proof regarding receipt of electronic communication lies with the Client at all times.

1.7 Export date: the date of the day on which it is photographed.

1.8 Photoshoot: all photography that is not wedding photography.

1.9 Use: reproduce and/or make public within the definitions of the Copyright Act 1912.

Article 2: Application

2.1 These general terms and conditions apply to all legal relationships between Photographer and Client, as well as to all offers and agreements.

2.2 Provisions or conditions set by the Client that deviate from, or not occur in, these general terms and conditions are only binding for Photographer if and insofar as these have been accepted in writing by Photographer.

2.3 Agreements that are not general terms and conditions, including, but not only agreements about prices, hours of photography, the type of album or agreements about additional album spreads are made in writing, by e-mail.

2.4 General terms and conditions of the Client are expressly rejected.

Article 3: Offer

3.1 Photographer makes an offer in the form of a price list on its website, with packages from which the Client can make a choice.

3.2 Acceptance of the offer shall be in writing, either by e-mail, or by returning the signed contract or the signed quotation.

3.3 Unless otherwise agreed, the offer loses its validity after 3 months.

3.4 Price quotations may be subject to changes due to, including but not limited to (unforeseen) change in the work or price increase of the raw materials. Photographer will inform the Client of this as soon as possible.

Article 4: Acceptance of the contract

4.1 The Client must explicitly and in writing accept the offer. If the Client fails to do so, but nevertheless agrees, or at least gives the impression that Photographer performs work under the agreement, the offer will be considered accepted.

4.2 After acceptance of the agreement of Photographer, the Client will receive an invoice for retainer based on the agreed amount.

4.3 Photographer reserves the right to refuse an Assignment if, after acceptance, new information becomes available that makes execution unacceptable for Photographer.

4.4 After acceptance, the agreement can only be amended by mutual consent. In that case, Photographer is entitled to adjust the fee due per the updated agreement.

Article 5: Performance of the contract

5.1 Photographer will carry out the Assignment to the best of their knowledge and ability and in accordance with the requirements of good workmanship.

5.2 Photographer makes every effort and will be able to act to the best of their ability in the given and existing circumstances during the execution of the Assignment. The Client undertakes the responsibility of ensuring the circumstances are as favorable as possible for Photographer and, where necessary, will take measures, including, but not limited to, the instruction and informing of other attendees.

5.3 The Client will provide a suitable location in consultation with Photographer. If special permission or an additional fee is required for photographing at the location desired by the Client, these will be borne by the Client. The Client will contact the relevant location in order to book the location.

5.4 The Client is obliged to do all that is reasonably necessary and desirable to enable a timely and correct execution of the Assignment. If the Client fails to fulfill their responsibilities, Photographer reserves the right to suspend the execution of the Assignment or to dissolve the agreement.

5.5 In the event of force majeure, or in the event of unforeseen circumstances out of reasonable control on the part of the Photographer, which makes them unable to comply with the agreement in person, Photographer shall terminate the Agreement and return the Retainer and all fees paid by Client, and thereafter shall have no further liability to Client.

Article 6: Delivery

6.1 Photographer, unless otherwise agreed, only applies estimated delivery times.

6.2 Photographer delivers photo files, after payment, about 2 weeks after the shoot. In case of wedding photography, the Photographer delivers after about 6 weeks.

6.3 In wedding photography, all high-resolution photo files are delivered in an online gallery of which the Client receives login details. With a photoshoot, the photos are delivered via Pixieset. In a portrait, personal branding, or head shot photo shoot, the Client has 14 days to download the photos. In event and concert photography, Client has 1 month to download the photos. In wedding photography, the Client has 3 months to download the photos.

6.4 The photo files are delivered in a mix of color and black and white, at the discretion and choice of the Photographer.

Article 7: Compensation

7.1 If the parties have not agreed on compensation, the fee normally used by the Photographer applies.

7.2 If it is not possible to discuss a usual fee, Photographer will charge a reasonable and fair compensation for the delivered.

7.3 If the agreement is changed or supplemented, Photographer is entitled to adjust and increase the price accordingly.

7.4 If it is plausible that Photographer has incurred higher costs and/or has done additional work, which were reasonably necessary, Photographer will pass this on to the Client.

7.5 All amounts on website are estimates and therefore exclude VAT. Quotes and contract prices include VAT, unless otherwise agreed.

Article 8: Payment terms

8.1 Photographer will send an (electronic) invoice to the Client for the amount owed by the Client, unless otherwise agreed.

8.2 Unless otherwise agreed, the payment term is 14 days after the invoice date.

8.3 Payment obligation also applies if the Client does not wish to make use of the work or products manufactured or manufactured under the agreement. In such a case, the Client is not entitled to a discount or refund.

Article 9: Cancellation and suspension

9.1 If the Client does not pay the invoice within the payment period, after the Client has been informed of this, Photographer can suspend all his activities for the purpose of the Assignment until the amount of the invoice has been paid.

9.2 Suspension or termination of the agreement shall be in writing.

9.3 In case of cancellation of the agreement by the Client, Photographer will charge the retainer.

9.4 If the Client cancels 3 to 1 month in advance, Photographer will charge 50% of the costs.

9.5 If the Client cancels 1 month to 2 weeks in advance, Photographer will charge 85% of the costs.

9.6 If the Client cancels less than 2 weeks in advance, Photographer will charge 100% of the costs.

Article 10: Copyright

10.1 Each agreement also implies the license described in this article with regard to the photographic work of Photographer, unless otherwise agreed.

10.2 The copyright and other intellectual property rights to all works developed or made available under this agreement rest with Photographer.

10.3 Photographer reserves the right to use the works for their own promotional purposes, including, but not limited to their own website, for social media updates and on their own social media channels, in promotional printed materials such as flyers and posters, for submission and participation in competitions, for publication in (online) magazines and news magazines and for delivery to third parties, including the delivery of the works to suppliers. Photographer also reserves the right to sell the works.

10.4 The Client obtains from Photographer a non-exclusive license for an indefinite period of time, to reproduce the works, but not to edit them, to make them public in their own use and public in a domestic circle and on their own social media channels, for the provision of third parties for the purpose of publication in an (online) magazine or news magazine, for the submission of competitions and to other third parties such as suppliers and wedding venues, wherein in all cases the name of Photographer must be mentioned. When disclosing the photos on own social media channels, the name of Photographer must be mentioned. The name of the Photographer should be mentioned as "Willow Lantern Photography".

10.5 Photographer only delivers post-processed photo files and never delivers raw files or RAW files from the photos. Photographer also does not give access to non-delivered works.

Article 11: Liability

11.1 Photographer is not liable for any damage caused to the Client, unless there is intent or gross negligence on the part of the Photographer or their representatives.

12.2 Photographer is not liable for color deviations on non-calibrated screens or prints that have not been delivered by Photographer, nor is Photographer liable for the lack of photos.

12.3 Photographer is not liable for the loss of files that Photographer has delivered to the Client.

12.4 The liability never exceeds the amount covered by the liability insurance.

Article 12: Amendments to these general terms and conditions

12.1 Photographer reserves the right to change or supplement these general terms and conditions.

12.2 Changes will be communicated to the Client in a timely and written manner by Photographer.

12.3 If the Client does not want to accept a proposed change, they can terminate the agreement by this date until the date on which the new general terms and conditions take effect.

Article 13: Choice of law and forum

13.1 If a provision of the agreement and/or the general terms and conditions proves to be void or voidable, the other provisions and the agreement will remain in place.

13.2 Dutch law applies to all legal relationships between Photographer and Client.

13.3 Disputes shall be submitted to the competent court in the district where the Client is domiciled.