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GENERAL

1. PUBLICATION BY PHOTOGRAPHER/VIDEOGRAPHER. Image material made by Nicola Wills can be published on her website, Facebook, Instagram at all times. The photographer may also use the image material for other promotional purposes and publications, including, but not limited to, portfolio, advertisements, social media, magazine articles, competitions, in print materials, exhibition materials and demonstration materials, photo print sales. In the subject of prints, models will be contacted for permission of sale of images. model will be offered a model release contract in which model will earn 10% from each print sold. Prints will be limited to 5 per photo. 

 

2. PUBLICATION BY CUSTOMER. The customer may share images created by Nicola Wills on social media, the website and print for photos for her own shop/brand. The customer will always mention the following information: reference to the photographer's page: Nicola Wills  @nicolamwills / @michelles_moods (via Instagram)/ www.nicolawills-creative.com

3. COPYRIGHT. All assignments/photoshoots created by photographer Nicola Wills are artistic work, and therefore subject to copyright. The photos remain the property of the photographer. Upon full payment of the session and files, the client purchases the right to print and publish the photos for personal/business purposes. Unless expressly agreed otherwise in writing, any reproduction, publication (print in a newspaper, magazine, etc.), exhibition or other form of use will only be possible with the prior written consent of Nicola Wills. In the event of infringement of the photographer's copyrights, the photographer shall charge three times the usual license fee,, by way of compensation for the loss incurred. Compensation will not entitle to further use of the photographer's work. The copyright and other industrial or intellectual property rights of production conceived or executed by Nicola Wills shall remain the property of Nicola Wills unless expressly agreed upon otherwise in writing.

4. USE OF PHOTOS. All photos taken by Nicola Wills may be used by the client up to one year (starting with the date of invoice). This can be disputed and the price will be recalculated. 

5. FINISHING. Photographer delivers the images in her usual style, whereby a global image optimization is applied to light, color, contrast, cropping, and other matters at own initiative of the photographer. Reworking beyond this is only possible after consultation with the photographer and may involve additional costs.

6. STORAGE. Photographs made by the photographer on the basis of an offer or TFP and TFCD are kept for a minimum of 60 days after the end of the session. In case of force majeure situations leading to data loss (including defect of memory card, camera and/or equipment or data crash), the photographer cannot be held responsible in any way.

7. COLOR. Photographer is not liable for color deviations on non-calibrated monitors or prints not supplied by photographer.

CUSTOM PHOTOGRAPHY/VIDEOGRAPHY ASSIGNMENTS

1. TERMS AND CONDITIONS. These terms and conditions apply to all legal relationships between Nicola Wills, in her capacity as photographer or videographer, and client, as well as to all offers, quotations and agreements. Nicola Wills can change these special conditions at any time, and without prior warning. In the event of an order, a supplementary order, or a change to his order, the other party must take cognizance of the conditions which are valid at that respective moment. Terms and conditions set by the client that deviate from, or do not appear in, these general terms and conditions are only binding for Nicola Wills if and insofar as they have been expressly accepted in writing by Nicola Wills. These terms and conditions are subject to Belgian law. 

2. PRICES. Prices are subject to change at any time. The changed prices apply to all orders and additional orders placed after the change has been made. In case the raw materials for a product or a sub-product have risen by more than 25% since the booking, the price increase will be communicated to the client who can then decide whether to accept the product or sub-product at the new conditions or to cancel his order. If the photographer has incurred higher costs and/or has performed additional work, which were reasonably necessary, Nicola Wills shall pass this on to the client. 

 

3. GIFT VOUCHERS. Gift certificates are valid for a period of 1 year after the date of issue. After this period the gift voucher can only be used with the express consent of the photographer, but changed prices, if any, will apply. 

 

4. PAYMENT TERM. The invoices provided to the client are payable 30 days after the invoice date. Any amount unpaid on the due date will be subject to late-payment notice incurring interest of 10% per month. In the event of non-payment of an invoice on the due date, you will be charged costs for reminders, notices of default, and collection. All courts in our district have jurisdiction.

 

5. PROVISION. Nicola Wills reserves the right to refuse an order if, after acceptance, new information becomes available that makes execution unacceptable to Nicola Wills.

 

6. EXTENSION.  The client may postpone his/her booking once. If the postponed shoot location or equipment has come at a personal cost to Nicola Wills - these charges will come at a cost to the client. 

 

7. COLLECTION. Collection of products/photos is free of charge at the premises where Nicola Wills conducts her business. Delivery or shipment of orders by mail or courier will be charged to the client. If orders are sent by post or courier, Nicola Wills is not responsible for damage caused during delivery.

 

8. COMPLAINTS. All formal complaints relating to the delivery and/or performance of services must be notified by registered mail within eight days of execution or date of invoice.

 

9. LIABILITY. Nicola Wills shall not be liable for any damage caused to the client, unless there is intent or gross negligence on the part of Nicola Wills or her representatives. In no event shall Nicola Wills be liable for indirect damages resulting from any use or performance of the services, such as lost profits or loss of data. In case of direct damage, the liability of v is limited to the fee paid by the client for the service that caused the damage. Nicola Wills can in no case be held liable for physical or material damage caused by falling, slipping etc. of the other party during the photo session. Nicola Wills can in no case be held liable for the loss of and/or damage to property of the opposing party before, during or after the photo session.

WEDDING PHOTOGRAPHY

1. BOOKING, PAYMENT, CANCELLATION. The booking of a wedding reportage with Nicola Wills shall be final after the payment of an advance of EUR 300. This deposit also serves as a cancellation fee: if a wedding report is cancelled, this amount cannot be claimed back (cancellation is possible in cases of cancellation due to COVID). Without payment of this advance there is no booking. Before the wedding 50% of the agreed amount has to be paid, minus the EUR 300 booking fee. When all photos are sent via Wetransfer the other 50% has to be paid. 

 

2. FORCE MAJEURE. In case of absence of the photographer due to force majeure or illness of the photographer on the agreed date of the wedding, another wedding photographer will be sought who has a similar style. In the event that another available photographer cannot be found, the deposit will be refunded and the client will be entitled to a free after wedding photo session.

 

3. SIDE ORDERS. Additional orders (except for the wedding album) can only be made via email or via a written order form. This mail/order form is binding. The customer commits himself to the purchase of the indicated articles. The order will only be prepared after payment of the full amount.

 

4. ALBUMS. Wedding albums are only printed after approval of the layout. The price of the wedding album always includes this layout with 8 adjustments (divided into a maximum of 2 correction rounds), as well as the printing supervision and the printing costs. The layout of the wedding album must always be paid, even if the wedding album does not end up being printed.

 

January 5, 2021

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Terms and Conditions 

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