Terms & Conditions
Shooting Break Photography
Binnenstraat 34, 3020 Herent
+32-499-944224
BE 0556.663.895
1. These general terms and conditions apply to all services and Work (photography, videography, etc.), performances, quotations and orders from and agreements with Shooting Break Photography ("Photographer/Videographer”).
2. By accepting a quotation and/or placing an order, the client accepts and agrees to, without reservation, these terms and conditions.
3. The prices on offers and quotations from Shooting Break Photography with regard to the services and Work as agreed between the client and Shooting Break Photography remain valid until the date stated under ‘Validity’ at the top of the quote, unless agreed otherwise.
4. An order or order confirmation by the client binds the client.
5. All invoices from Shooting Break Photography are payable within seven (7) calendar days, unless otherwise agreed with Shooting Break Photography or stated otherwise on the invoice.
6. Definitions:
6.1. “Client”: the client (or their representative) of Shooting Break Photography.
6.2. “Photographer/Videographer”: Shooting Break Photography (sole proprietorship, owner Alex Harris).
6.3. “Work/Works”: photo and/or video material created, produced and/or provided by Shooting Break Photography.
6.4. “Non-commercial” usage/licensing: Work published in the client’s own publications or media, both print and digital, published by the client (e.g. newspaper, magazine, brochure, poster, company website, annual report, social media), and which does not fall within the definition of “commercial” use (see 2.5 below).
6.5. “Commercial” usage/licensing: When the client pays to use the Work with the intent of making money from its use. Examples are an advertising campaign, or the sale of products on which the Work is reproduced (e.g. merchandise). Please contact the Photographer/Videographer first to discuss needs and financial arrangements.
7. Shooting Break Photography owns and retains permanently the Copyright to all Work created.
8. Upon payment in full by the Client, a non-exclusive and non-transferable license/right of use is granted to the Client to use the Work. The Client may freely use the Work in digital form for promotional, non-commercial purposes (see “Definitions” above) without further compensation to the Photographer/Videographer.
9. The client may not use the Work for commercial purposes (see “Definitions” above) without the permission of Shooting Break Photography. The Client will first contact the Photographer/Videographer to discuss the requirements and financial arrangements.
10. Work may not be passed on or sold to third parties for use for their purposes; the Client may also not authorize a third party to sell the Work, or make money from it. Other interested parties may contact the Photographer/Videographer to discuss an agreement and fees.
11. Works of Shooting Break Photography other than those delivered for the agreed assignment may not be distributed in any way, nor may the distribution of such Works by others be permitted.
12. The Photographer/Videographer reserves the right to use his Work in any media, online or offline, for promotional and marketing purposes, including but not limited to advertising, marketing, promotion, publication, instruction and competitions. If the Client prefers otherwise, the Client must inform the Photographer/Videographer.
13. Unless otherwise stated or agreed upon, photographs will be provided as digital images in JPEG format; video material will be provided as a produced, final edit in a suitable format (typically MP4 or MOV).
14. All Work is professionally edited. If additional editing of already delivered edited Work is required, a proposal will be provided to the Client.
15. Work may not be further edited or changed without first requesting permission from the Photographer/Videographer.
16. Raw photos and/or raw/source video footage will not be delivered and may not be used by the Client, or any other third party, unless agreed with Shooting Break Photography.
17. In case of cancellation of a photo or video assignment by the client, after the shoot has been booked with the Photographer/Videographer, the client will pay all costs incurred by the Photographer/Videographer in preparation of the shoot up to the time of cancellation, plus a compensation of 50% of the total cost of the contract. If a shoot is cancelled within a week of the agreed shoot day, the client pays 100% of the total cost of the assignment plus all costs stated under 'Other' on the quote.
18. With the exception of what is described herein, the Photographer/Videographer is not obliged to pay any compensation whatsoever, which would be the direct or indirect result of services or goods supplied or sold by us, except in the case of serious error or intent. Shooting Break Photography's liability is in any case limited to the invoice value of the delivered goods/services. Under no circumstances can the Photographer/Videographer be held liable for any indirect damages such as, but not limited to, loss of revenue, loss of contracts, capital costs, limitation of return or any other losses or consequential damages, whether to the client or to third parties. The Photographer/Videographer bears no responsibility whatsoever for the mistake of the appointees, not even in the case of intent or gross negligence.
19. Belgian law applies to all our agreements. Any disputes arising in the context of these agreements fall under the jurisdiction of the courts of the district of Leuven.