
Client Agreement
ENTIRE AGREEMENT
This Agreement is made effective for all purposes in all respects
BETWEEN: SJSV-Solutions, registered office established at Rue De L'été 45, Ixelles
BCE 0793.145.046, RPM Ixelles,
Represented by Sani Vesanen as owner,
Hereinafter also referred to as the "SERVICE PROVIDER" And Client as filled in the “Client details” form on this page hereinafter also referred as Client
relating to the PHOTO SHOOT detailed below, hereinafter referred to as "The PHOTO SHOOT.
PHOTO SHOOT Type: As described in the Quotation referred in “Client Details” form on this page
PHOTO SHOOT LOCATION(s) #1:
PHOTO SHOOT Date: As described in the Quotation referred in “Client Details” form on this page
Location: As described in the Quotation referred in “Client Details” form on this page
This agreement contains the entire understanding between the SERVICE PROVIDER and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION
A signed contract or a contract submitted online and retainer fee (if required in the Quotation) are required to reserve the dates and times of the PHOTO SHOOT(S). If the PHOTO SHOOT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The SERVICE PROVIDER. The CLIENT shall also be responsible for payment for any of the SERVICE PROVIDER's materials charges incurred up to time of cancellation.
PHOTO SHOOT SCHEDULE
The client agrees to confirm the schedule one-week prior to the PHOTO SHOOT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the SERVICE PROVIDER by the CLIENT.
SAFETY
The SERVICE PROVIDER reserves to right to terminate coverage and leave the location of the PHOTO SHOOT(S) if the photographer from the SERVICE PROVIDER experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the PHOTO SHOOT(S); or in the event that the safety of the photographer from the SERVICE PROVIDER is in question.
SHOOTING TIME / ADDITIONS
The CLIENT and the SERVICE PROVIDER agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the PHOTO SHOOT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
EXPENSES INCURRED
When applicable and unless otherwise explicitly agreed, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES
All travel expenses are based on the distance between the PHOTO SHOOT location(s) and the SERVICE PROVIDER studio address. For a PHOTO SHOOT within the limits of Brussels capital region and not further than 15km of outside of the Brussels capital region, the travel to the location of photoshoot is included. All expenses in excess of included travel costs are charged per cost incurred.
RESPONSIBILITIES
The SERVICE PROVIDER is not responsible for compromised coverage due to causes beyond the control of the SERVICE PROVIDER including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the SERVICE PROVIDER, rendering of decorations, or restrictions of the locations. The SERVICE PROVIDER is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The SERVICE PROVIDER is not held liable for missed coverage of any part of the PHOTO SHOOT(S). The SERVICE PROVIDER will not be held accountable for failure to deliver images of any individuals or any objects at the PHOTO SHOOT(S).
If the Photo shoot type is "Event" where various people will attend, the CLIENT is responsible for the collection of model release forms prior to any commercial publishing of the photographs of the event guests in the photos. The CLIENT also commits to assist in collecting model releases from each event guest upon the SERVICE PROVIDER’s request. For other Photo shoot types, model releases will be as detailed in the MODEL RELEASE section of this agreement.
LOCATION AND LOCATION LIMITATIONS
The SERVICE PROVIDER is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the SERVICE PROVIDER. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the SERVICE PROVIDER will offer technical recommendations only.
PERMITS
The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the SERVICE PROVIDER will be performing services.
FILM and COPYRIGHTS
The photographs produced by the SERVICE PROVIDER are protected by Belgian Law (all rights reserved). If the CLIENT has purchased a "digital image package" from the SERVICE PROVIDER:
Upon final payment by the CLIENT, the SERVICE PROVIDER grants the CLIENT a license to share the photographs on social networking websites, with family and friends, and on vendor websites, provided the images remain unaltered and textual credit is explicitly given to the SERVICE PROVIDER.
If explicitly agreed upon in writing between the SERVICE PROVIDER and the CLIENT, the SERVICE PROVIDER grants the CLIENT an exclusive, irrevocable, worldwide license to use, reproduce, copy, distribute, sell, display, and exploit the photographs in any manner. This enhanced license includes the right for the CLIENT to authorize adaptations, translations, and other modifications to the photographs. While the CLIENT is granted these rights, the SERVICE PROVIDER retains the ability to use the photographs for personal and economic benefits. The SERVICE PROVIDER's moral rights, based on Belgian law, remain intact.
Any intention to publish, sell, or use the photographs in a manner not explicitly mentioned herein requires prior written permission from the SERVICE PROVIDER.
MODEL RELEASE
Individual Client Type Photo Shoot:
Unless otherwise explicitly agreed in writing, the CLIENT hereby assigns the SERVICE PROVIDER the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from the use of images.
Event Type Photo Shoot:
For photos taken during events where the primary subjects are attendees or guests, the CLIENT acknowledges their responsibility in assisting the SERVICE PROVIDER in obtaining model releases when photographs are to be used for commercial purposes or published by either the CLIENT or SERVICE PROVIDER. The SERVICE PROVIDER shall not be held liable for any legal action resulting from the use of images without proper model releases obtained by the CLIENT.
LIMIT OF LIABILITY
In the unlikely event that the assigned photographer from the SERVICE PROVIDER is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the SERVICE PROVIDER, the SERVICE PROVIDER will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the PHOTO SHOOT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the SERVICE PROVIDER's control, including but not limited to camera, hard drive, or equipment malfunction, the SERVICE PROVIDER liability is limited to the return of all payments received for the PHOTO SHOOT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The SERVICE PROVIDER is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY:
The deliverable of the photoshoot is as laid out in the Quotation accepted by the Client. The SERVICE PROVIDER is not liable to deliver every image taken at the PHOTO SHOOT. The determination of images delivered to the CLIENT is left to the discretion of the SERVICE PROVIDER.
POSTPRODUCTION AND EDITING:
The final postproduction and editing styles, effects, and overall look of the images are left to the discretion of the SERVICE PROVIDER.
PAYMENT SCHEDULE
Final photos will be delivered no longer than 1 working week after the PHOTO SHOOT provided that the CLIENT has paid the quoted service fee in full to the account mentioned on the Invoice or provided the SERVICE PROVIDER a proof of payment through electronic means.
PRICING
Services and merchandises included in the quotation are included in this contract. Services or merchandise not included in quotation will be sold at the current price when the order is placed. All prices are subject to change at any time without notice.
PRIVACY
Before submitting the acknowledgement of this agreement, the client must confirm having read and understood our privacy notice