Woman in black outfit leading a chestnut horse across a grassy field at golden hour.

Terms and Conditions

WHEN BOOKING A SHOOT, THE CLIENT AUTOMATICALLY AGREES TO THE CONDITIONS BELOW.


1) GENERAL

1.1) The terms and conditions apply to all visual material produced by and all activities carried out by DYRBERG HUERTA. By booking a photoshoot or other assignment, you automatically (by implication) agree to these terms and conditions.


If you object to these terms and conditions, you must notify the photographer in writing before the final details of the assignment, photoshoot, or reorder are discussed.


1.2) The copyright of the images rests with DYRBERG HUERTA. The photographer retains ownership of the images at all times. DYRBERG HUERTA will under no circumstances disclose personal information such as email addresses or phone numbers.



2) BOOKINGS, DEPOSIT, AND PAYMENT TERMS

2.1) A booking is only officially confirmed once the client has paid a non-refundable retainer of 50% of the total invoiced amount. The client must check the invoice for any inaccuracies upon receipt.


2.2) Final payment consists of the remaining 50% of the total amount, which must be paid on or before the day of the photoshoot.


The photographer will deliver the final, edited images once the total invoice amount has been paid in full.


If the amount has not been paid in full 14 days after the invoice date, we will be forced to declare you in default and refer the claim to a collection agency. All additional costs will then be your responsibility.


2.3) If additional work and/or higher costs arise during or after the photoshoot that were necessary, these costs or compensation for the additional work will be borne by the client. This will always be discussed in advance between the photographer and the client.


2.4) Orders placed through an online gallery will be delivered after payment of the total amount.


2.5) As long as a photoshoot remains unpaid, the photographer reserves the right not to publish the results of the photoshoot in question or share them with the client. Until the photographer receives the payment, the client has no right whatsoever to publish or use the images in any way whatsoever.


2.6) Requesting a quote is completely non-binding.


2.7) All rates listed are exclusive of travel expenses.



3) DELIVERY

3.1) All images from photoshoots are delivered within four weeks via an online gallery. The client can select the best images themselves. The images of events will be delivered within five to eight weeks.


3.2) DYRBERG HUERTA strives to retain the images for one year from the date of delivery. However, this is an internal matter from which the client cannot derive any rights and for which no liability can be claimed.



4) CANCELLATION/RESCHEDULE PHOTOSHOOT

4.1) In the event of bad weather (rain, thunderstorm, snow, sleet, or high heat), either the client or the photographer may decide to reschedule the shoot for another date. This decision must be made no later than the morning of the scheduled photoshoot, and an alternative date and time will be agreed upon immediately.


4.2) In the event of illness on the part of the client or DYRBERG HUERTA, the shoot will be rescheduled to another date by mutual agreement.


4.3) In the event of cancellation of the photoshoot by the client, the photographer is entitled to compensation of €75,- for lost income.



5) LIABILITY

5.1) During the photoshoot, you are personally responsible and liable for yourself and your property. The photographer cannot be held liable in any way for damage to yourself, your property, or others, in the broadest sense of the term.


5.2) Under no circumstances may you file a claim (for damages) against the photographer.


5.3) Participation in a photoshoot or event is entirely at your own risk.


5.4) DYRBERG HUERTA is not liable for any physical or property damage caused during the photoshoot, unless there is gross negligence or wilful misconduct on the part of the photographer.


5.5) DYRBERG HUERTA is not liable for colour discrepancies on uncalibrated displays or prints not supplied by DYRBERG HUERTA.



6) COPYRIGHT

6.1) The copyrights (and other rights attributed to the photographer under Dutch law) to all photoshoots shall always remain the property of DYRBERG HUERTA.


All images, videos, and written text produced by DYRBERG HUERTA are protected by copyright.


6.2) It is not permitted to reproduce or publish images and videos without prior written consent by DYRBERG HUERTA. Digital files are also protected by copyright and therefore intended exclusively for your own use and not for publication. If you wish to use or publish a image or video, you must always request prior consent from the photographer.


6.3) Purchased prints and digital files are intended solely for your own private use, unless otherwise agreed upon with the photographer.


When booking a personal/private photoshoot, you may post your digital images in web format (including the logo) on your personal social media profiles or forums, provided that credit is given.


6.4) Any use other than on personal social media profiles or forums is permitted only with the photographer's prior written consent. For commercial, editorial, or promotional use, the photographer charges different rates than for personal use.


6.5) When you place an order, you do not purchase the photographer's copyright, unless specifically agreed upon in advance in writing and with appropriate compensation. You purchase your prints and/or digital files, but not the copyright. Therefore, even after purchasing the images, you are not allowed to publish them in any manner other than as specified in these terms and conditions or as agreed to in advance in writing.

6.6) It is unlawful to publish, modify, reproduce, copy, or use the images in any manner other than as described here in the general terms and conditions, unless otherwise agreed upon in advance and set forth in writing. This includes, but it is not limited to, editing (including by AI), painting, or modifying the image in any way.


6.7) Any granted right to publication is personal and non-transferable. For example, if you sell your horse, the new owner doe not automatically have any rights to the images. The new owner will also have to pay for digital files and publications. Transferring images to third parties or other parties in any manner whatsoever is therefore not permitted.


6.8) As the copyright holder, DYRBERG HUERTA has the right at all times, at its sole discretion, to use, sell to third parties, reproduce, and publish the images taken during a photoshoot or event for both commercial and non-commercial purposes. The photographer is not obligated to notify you of this but will, in such cases, always do her best to inform you of the publication via email.


6.9) Any use of the images created by the photographer other than as described in the general terms and conditions or as agreed in writing in advance is considered a copyright infringement.


In the event of a copyright infringement, the photographer is entitled to compensation of at least twice the customary fee for the relevant form of use or publication, with a minimum of €150,-.


6.10) In any form of publication, it must be clearly indicated that DYRBERG HUERTA is the creator of the image or video, whether by means of a clearly legible watermark on the image or video, or by a statement referencing DYRBERG HUERTA.



7) USE OF IMAGES BY CLIENT AND/OR THIRD PARTIES

7.1) When the client uses the images online, credit must always be given to or a reference made to DYRBERG HUERTA.


7.2) The images may not be used by third parties or for commercial purposes and/or published in print media, unless otherwise agreed upon in advance.



8) USE OF THE IMAGES BY ME

8.1) When booking a photoshoot, the client automatically agrees that the images may be used online and offline for promotional purposes by DYRBERG HUERTA. If the client prefers not to allow this, they must notify DYRBERG HUERTA prior to the photoshoot.


8.2) If the client does not want a specific image to be posted online, this can be discussed with the photographer.



9) DIGITAL FILES

9.1) Digital files (images, videos) may be delivered in various formats. The general terms and conditions describe the purposes and conditions for the use of the digital files, unless otherwise agreed upon in writing in advance.


9.2) Using the digital files without permission in any manner other than as described in the terms and conditions or as agreed in writing in advance is considered a copyright infringement. For any use of the images or videos other than as described in the general terms and conditions, different rates and agreements apply.


9.3) Digital files in so-called "web format", typically provided at 500x750 pixels, are intended exclusively for private use unless otherwise agreed in writing. Unless otherwise agreed, you are allowed to use these files on personal social media profiles or online forums, provided that credit is given.


The resolution of these files is not suitable for printing or enlarging.


These files contain the photographer's "digital signature" or watermark. Under no circumstances may this watermark be removed, nor may the image be cropped or edited without the photographer's prior written consent. Upon publication, the name or website on the watermark must always be clearly legible. Any use other than that described above is not permitted without prior written permission.


9.4) Digital files in so-called "print format" or "high resolution" (typically a digital file larger than 2000x3000 pixels) are suitable for printing (or having printed) solely for personal use, unless otherwise agreed in writing in advance with the photographer.


Private use is defined as having the image printed for one's own personal use within the home. Under no circumstances and no way may these images be published, on the internet or elsewhere, or reproduced. Any use other than that described above is not permitted without prior written consent.


9.5) If you wish to use images from DYRBERG HUERTA for publications of any kind, please contact anadhphotography@gmail.com.



10) STYLE/EDITING

10.1) Selected images are edited according to standard practices, in the photographer's style and based on their artistic vision and professional judgement.


10.2) Unedited images (original RAW files) are not provided. You are not permitted to further edit the images after they have been delivered, for example by applying filters or cropping the images.




11) COMPLAINTS

11.1) Complaints may be submitted in writing to DYRBERG HUERTA within 7 days of receiving the images. We will then work to find an appropriate solution, such as rescheduling the photoshoot or, if necessary, offering financial compensation.

 

 

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