Terms and Conditions
Michelia Kramer Photography KVK: 65153669
1. Definitions
• Photographer: Michelia Kramer, trading as Michelia Kramer Photography, KVK 65153669, [BUSINESS ADDRESS].
• Client: the individual or organisation that books a Session with the Photographer.
• Session: a photography assignment booked under these terms, whether an individual portrait session or a corporate or team session.
• Images: the photographic works produced during a Session.
• Use: reproduction and/or publication of the Images in any form.
2. Applicability
These terms apply to every booking made with the Photographer, whether arranged by email, form, or in person, and continue to apply after a Session is completed, unless the Photographer and Client have agreed something different in writing.
3. Offer and Pricing
Prices are as published on the Photographer’s website at the time of booking and are shown excluding BTW. The Photographer may update published prices at any time. The price agreed at booking is the price that applies to that booking.
4. Booking and Payment
4.1 Individual sessions, Essential and Signature packages. Payment is due in full at the time of booking. A Session is not confirmed and no date is held until payment is received.
4.2 Individual sessions, Premium package. A deposit of [50%, confirm before publishing] of the package price is due at booking to confirm the date. The remaining balance is due on the day of the Session, before the Session begins.
4.3 Corporate and team sessions. An invoice is issued after the Session and is due within 14 days of the invoice date.
4.4 Late payment. If an invoice is not paid within its due term, statutory interest applies from the due date. For business clients this is the statutory commercial interest under Article 6:119a of the Dutch Civil Code. For consumers this is the ordinary statutory interest under Article 6:119 of the Dutch Civil Code.
4.5 No use before payment. No Images may be used in any form until all amounts owing to the Photographer for that Session have been paid in full.
5. Preparing for the Session
5.1 Any specific requests relevant to the Session, including location, styling preferences, particular shot types, intended crops, aspect ratios, and the deliverables the Client expects, should be communicated to the Photographer in writing well ahead of the Session.
5.2 Changes requested by the Client after booking will only be carried out once agreed in writing, and may be reflected in an updated invoice.
5.3 The Client is responsible for raising anything they want handled in a particular way before the Session and before retouching begins. See Sections 9 and 10.
6. Bookings Are Final
6.1 Bookings are final and non-refundable.
6.2 If rescheduling is necessary due to extreme circumstances, the Client may use their booking for a later headshot event within one year of the original Session date. These events run on fixed days and times, and rescheduling is subject to availability.
6.3 For corporate and team bookings, the Client may instead arrange a replacement person to attend on the original date and time.
6.4 Extreme circumstances are understood to include bereavement and extreme weather conditions on either side. [Confirm before publishing whether the Client’s own illness should be added.]
7. If the Photographer Cannot Attend
In the unlikely event that the Photographer is unable to provide the services on the scheduled date, the Client may reschedule the Session and the terms of this agreement to a future date, or terminate the agreement without further action. Where the Client terminates under this Section, any amounts already paid for the Session are refunded.
8. Execution of the Session
8.1 The Photographer carries out the Session using her own technical and creative judgement, in the style she typically works in, and will make a genuine effort to accommodate the Client’s specific requests. This is an effort-based commitment, not a guarantee of a specific result.
8.2 For Essential and Signature sessions, the Client is responsible for their own hair, makeup, and wardrobe, unless otherwise agreed. For Premium sessions, hair and makeup by a partner make-up artist is included as described in the package.
9. Retouching and Delivery
9.1 Final Images are delivered digitally, retouched, in the file format and resolution the Photographer typically works in.
9.2 Any specific issues the Client wants addressed in the retouching process must be raised in writing before retouching begins. This includes variations of crops, aspect ratios, and the deliverables the Client expects to receive.
9.3 Delivery timelines given at booking are estimates unless otherwise agreed in writing.
9.4 RAW files are not delivered under any circumstances.
9.5 The Photographer retains digital files for [2 years, confirm before publishing] after the Session date, after which they may be deleted.
10. After Delivery
Once the final retouched Images have been delivered, the work is complete and no further changes will be made. Requests for additional retouching, alternative crops, or further variations after delivery are treated as a new assignment and are quoted separately. Section 5.1 and Section 9.2 exist so that the Client has a clear opportunity to raise these points in advance.
Nothing in this Section affects the Client’s rights under mandatory Dutch consumer law. See the open questions at the end of this document.
11. Force Majeure and Illness
11.1 The Photographer is not liable for failing to meet her obligations where this is due to circumstances beyond her control, including illness or temporary incapacity.
11.2 In the event of force majeure, the Session may be rescheduled in consultation with the Client, or, with the Client’s agreement, carried out by a colleague the Photographer designates.
11.3 If the Photographer has partly carried out her obligations before force majeure arises, she may invoice separately for the part already delivered, including costs already incurred, and the Client is required to pay that invoice.
12. Copyright
12.1 Copyright in the Images belongs to the Photographer at all times, in accordance with the Dutch Copyright Act (Auteurswet). The Client understands and agrees that the Photographer owns the copyright to all Images and reserves all rights to them.
12.2 The Photographer holds the exploitation and reproduction rights in the Images worldwide, subject only to the portrait rights described in Section 13 and to the license granted to the Client in Section 14.
12.3 The Client may not sell the Images in either digital or print form, and may not sub-license, transfer, or otherwise commercially exploit them.
12.4 Editing or altering the Images in any way is not permitted without the Photographer’s written consent. This includes cropping beyond what has been delivered, filters, and AI-based alteration.
12.5 Any use of an Image beyond what is agreed under these terms is treated as copyright infringement under the Auteurswet.
13. Portrait Rights
13.1 Where a Session is commissioned by the person portrayed, that person holds portrait rights under Articles 19 to 21 of the Auteurswet. The Photographer will not publish or commercially exploit Images of a commissioned portrait without the consent of the person portrayed.
13.2 Section 16 sets out the Photographer’s own promotional use, and the Client’s ability to withhold consent for it.
14. License and Usage Rights
14.1 Individual clients. The Client receives a non-exclusive license to use their delivered Images for their own website, casting and audition platforms, social media, and personal professional promotion. This license does not extend to use in advertising or in narrative media, for example film, television, or other narrative or editorial productions. Use beyond what is listed here requires a separate written license and fee, agreed with the Photographer in advance.
14.2 Corporate and team clients. The Client receives a non-exclusive license to use the delivered Images on the company website, in internal communications, in recruiting materials and on professional networking platforms such as LinkedIn, and in the company’s own marketing materials. This does not include use in paid third-party advertising, which requires a separate written license and fee, agreed with the Photographer in advance.
14.3 In either case, the license granted is personal to the Client and may not be passed on to a third party without the Photographer’s prior written consent.
15. Attribution and Moral Rights
Where practical and where the platform allows it, the Photographer should be credited when an Image is used. The Client must respect the Photographer’s moral rights in the work under Article 25 of the Auteurswet, including her right to be identified as its creator.
16. Photographer’s Own Use of Images
Unless the Client requests otherwise in writing before the Session, the Photographer may use Images from the Session for her own promotional purposes, including her website, portfolio, and social media. A Client who would prefer their Images not be used this way, which may matter more for actors managing a public image, should say so before the Session, not after delivery.
17. Liability
17.1 The Photographer is not liable to the Client for claims by third parties, or for damage arising from the Client’s own use of the Images, except in cases of gross negligence or intent on the Photographer’s part.
17.2 The Photographer is not liable for colour variation in prints that were not supplied and checked by her.
17.3 The Photographer’s liability is, in any case, limited to the invoiced amount for the Session concerned, or, where insurance covers the claim, to the amount actually paid out under that insurance.
18. Governing Law and Disputes
These terms are governed by the law of the Netherlands. Any dispute relating to these terms, or to the relationship between Photographer and Client, will be brought before the competent Dutch court.
19. Amendments
The Photographer may update these terms from time to time. The version published on the website at the time of booking is the version that applies to that booking.
Michelia Kramer Photography
KVK: 65153669
Van Nijenrodeweg 280
1082GZ, Amsterdam
micheliaskramer@gmail.com