General Conditions
01- Fees and rights
The client pays the fee, expenses and transport. For this fee, you as the client get the right to use the images taken. This means that the photographer remains the owner of the photos but you as the client retain the right to use the work for your own promotion. This means that you may use the photos on your social media/website/....
The client undertakes to accompany any exploitation of the photo and visual material with the statement: ‘©/Photographer Birgit Sterckx’.
The full fee and all contracted costs must be paid, even if the shot is not used.
02- Property rights
In all circumstances, the photographer retains full ownership of all photographic and other image material delivered to the client, including ownership of the plates, dies and other carriers.
Photographs made by Birgit Sterckx are regarded as an artistic work and are therefore subject to copyright.
It is not permitted to forward the visual material to third parties. If a third party wishes to use the photos, they must purchase a usage licence and can contact the photographer directly.
Images taken by Birgit Sterckx can be published on her website and Instagram at any time. In addition, the photographer may also use the images for other promotional purposes and publications, including portfolio, advertisements, social media, magazine articles, competitions, in print, trade show materials and demonstration materials. If you do not wish this, you should inform the photographer.
03- Publications in print media (such as newspapers or magazines) or online media
If the images are to be used for (commercial) purposes (such as print in magazines or newspapers), you will consult with the photographer before forwarding the images, she will determine the author's price for using the images. These prices are based on the table of sofam (https://www.sofam.be/nl/30/Belgische-tarieven)
Reproduction without prior consent: If the visual material is reproduced without prior consent of the photographer, compensation of 200% of the basic right with a minimum of EUR 123, 95 per reproduction is provided.
In case of reproduction without attribution: If a work is reproduced without attribution of the author and/or his rightful claimant, a compensation of 100% of the basic rights with a minimum of 123.95 EUR per reproduction is provided.
If the customer uses the photos for commercial purposes without appropriate compensation to the photographer, legal action will be taken. Always contact the photographer for any questions regarding commercial printing.
04- Rights of third parties
The photographer shall not be liable for obtaining the consent 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 for paying the costs associated therewith. These amounts are not included in the fee, even if the selection of the person depicted was made by the photographer on the client's instructions. In such a case, the client shall indemnify the photographer against any claims that the latter may have against the photographer as a result of the client's use of photographic and other image material.
5. Cancellation conditions
If cancelled after 24 hours before appointment: 100% of the price for the planned shoot plus all costs incurred.
In case of cancellation after 2 days before the appointment: 50% of the price for the planned shoot will be charged, plus all costs incurred.
If cancelled up to 1 week before appointment: cancellation free of charge.