In the following Terms & Conditions, “the photographer” shall mean Astrid-Karla Boes-Boulanger, trading as Astrid-Karla Photography. “The Clients” shall be those persons defined as the persons who booked the session. These terms & conditions cannot be varied in any way by the Client unless such conditions are expressely agreed by the photographer in writing.

       

      I. BOOKING & PAYMENT

      i. Offers and Introduction meetings are entirely free of obligation unless stated otherwise.

      ii. A signed return of the contract, a full acceptance of these Terms & Conditions  and a non-refundable retainer in the amount of 30% of your total photography package price must be paid in order to reserve a date agreed upon by the Client & the Photographer. 

      iii. Once the booking is confirmed and the client has made a choice for a specific time and date, the Photographer will not acept any other work from other clients for those times and dates.

      iv. The  booking fee will be deducted from the cost of the Client’s chosen package when calculating the final balance. The remaining balance must be paid prior to, or on the day of the photography session and is subject to any additional services added to this agreement. 

      v. Payment must be made electronically via bank transfer (Astrid-Karla Photography, IBAN: DE83 1001 1001 2623 4772 95, BIC: NTSBDEB1XXX) unless otherwise instructed. Session fees are subject to current pricing & cover the time and talent needed to capture your photos. 

      vi. Payments for extra session time and heavy editing must be done within one week after the session.

      vii. If the Client decides to order extra pictures from the photosession, payment is due within one week from ordering. The extra pictures will only be sent after receiving payment.

      viii. By placing an order at astridkarla.com and/or at gallery.astridkarla.com, the Client has agreed to the total amount of the sale and authorised Astrid-Karla Photography to collect payment.

      ix. If the Photographer has not received the amount due within the period specified above, the Client is in breach and therefore liaible for interest at the statutory rate plus 2%.

      x. If the Client is in breach of any of its obligation under the agreement, including any infringement of copyright, then the Client is liable for all judicial and extra-judicial costs incurred in seeking compensation for the same.

      xi. Prints and albums must be ordered within 90 days of the Client’s session date. Failure to place an order within 90 days will void any obligations or liabilities of the Photographer. The Photographer is not obligated to keep the Client’s images on file after this time frame has passed. Pricing is adjusted periodically and future orders will be charged at the current prices at the time the order is placed. 

      xii. All prices are including VAT.

       

       

      II. TRAVEL & ADDITIONAL FEES

      i. The Client is responsible for covering any additional fees and costs related to location choice (mileage, plane tickets, hotels, admission fees, parking, etc). 

      ii. Travel up to 5km from the Photographer’s zip code is included within the session pricing. There is an additional travel fee for any location outside the 5km radius unless specified otherwise. For out-of-town sessions and events, time and travel will be invoiced accordingly.

       

       

      III. CANCELLATIONS & RESCHEDULING

      i. If the photography services are canceled for any reasons by the Client more thant two weeks prior the session, the deposit is non-refundable and only transferable at the Photographer’s discretion.

      ii. For any cancellation with less than two weeks prior the session date, the full price for the complete photographic coverage booked is due except in case of medical emergencies such as early deliveries, birth complications etc. In this case, the cancellation will be at the Photographer’s discretion.

      iii. For the Luxurious Plus Maternity & Newborn combined package, if one of the two sessions is canceled, the regular price of the remaining session will be applied and due.

      iv. If the Photographer – with the agreement of the Client – is unable to perform the session due to bad weather/lighting conditions and any other causes beyond her control, the Client shall be allowed to reschedule at the Photographer’s discretion within 1 calendar month. If the Client and Photographer cannot arrange or agree on a suitable new date within either a reasonnable and mutually agreed timescale or within one calendar month, then the session will be cancelled and the deposit kept by the Photographer.

      v. In the very unlikely events of cancellation by the Photographer, liaibility shall be limited to a full refund of any fees paid only or an agreement on both parties to redo the shooting. The Photographer will assume no further liability in regards to this agreement.

      vi. The Photographer will make every effort to substitute another comparable photographer in the event she is unable to attend on the shooting date due to any causes beyond her reasonnable control e.g. sudden illness, injury, victim of crime, vehicle breakdown etc.

       vii. Any Client who is late to a session will have the minutes/hours late subtracted from the duration of their session. The session starts at the time indicated on the contract form and finished at the time indicated on the  contract unless some extra time is requested by the Client the day of the shooting at the rate of 30€/30min. 

      viii. If a Client does not show up for a session, the full session price is due. Under certain circumstances, the Photographer will decide whether or not a reschedule is possible, at her discretion only.

       

       

      IV. PREPARATION

      i. All Clients are expected to be photo-ready by the time the session starts. If you plan on getting hair & makeup done before your session, please make arrangements prior to scheduling your session start time so there is plenty of time to get ready beforehand. If you’d like the Photographer to attend any hair or makeup appointments, we would be happy to do so as part of your total allotted time for photos.

       ii. If you would like any props, clothings or objects of sentimental value photographed, please have these items ready before your session starts.

      iii. Only the subjects being photographed should be present during the session. Please, avoid extra siblings or friends unless their presence is a necessity.

       

       

      V. INTERFERENCE & OBSTRUCTION

      i. No other (professional) photographers will be hired by the Client or located on site photographing the Client during the event unless otherwise approved by the Photographer and the Client. This responsibility will fall on the Client to ensure all vendors are in compliance with this agreement. 

      ii. No Clients, guests, attendants, or employees of the Client may impede the Photographer when she is shooting or performing professional duties. Failure to comply may result in missed moments or fewer delivered images. The Photographer asks that all phones, tablets, cameras, camcorders  and/or any recording devices be put away during the session. This “unplugged” atmosphere allows no hindrance in the ability to capture spur of the moment reactions and provides better quality photographs. 

      iii. The Photographer has the right to report any inappropriate behavior to the Client in order to make arrangements as to how the situation should be handled. If the Photographer has given the Client a verbal warning of any aforementioned incidents, and the Photographer continues to feel threatened or is treated inappropriately by the Client of any of the Client’s guests, the Photographer has the right to leave the event and refuse services thereafter. In this case, no full or partial refunds will be provided to the Client.

       

       

      VI. LIABILITY

      i. Any directions issued to Clients, their guests or employees during a photographic session are deemed to be said at said persons own risks. The Client, his guests and employees release the Photographer  from all liabilities, claims and damages that may result from any accidents or incidents that may happen during a session.

      ii. This limitation on liaibility also applies in the event that photogenic materials are damaged in processing lost through camera or equipment malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. The Photographer’s liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.

       

       

      VII. EDITING & RETOUCHING

      i. A Light Editing is always included in the session price such as  retouching a few small skin imperfections (acne or baby scatches etc.). If the Client has a request for an heavier alteration of an image, please let the Photographer know preferably during the session. Any heavy modifications that fall beyond the natural output produced by the camera will incur fees as decided by the Photographer. The Photographer will not edit for physical size, hair, or other physical attributes, aside from minor blemishes while doing the Light Editing nor will the Photographer edit out or add additional objects or subjects who are not present in the photos as they are taken.

      ii. Once the changes have been requested, the additional charges apply regardless of whether or not the final product is purchased. The photographer’s hourly rate is 80€/h. A detailed invoice will be sent separately regarding the alteration required by the Client. 

      iii. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. Most of the time, the Client will be able to choose from  colors, Black&White or partial Black&White pictures. It might occur an image is only delivered in Black & White as a professional editorial choice from the Photographer. There is no right to reject on the basis of style, composition or editing. The Photographer has complete creative control of the photos & the way they are edited.

       

       

      VIII. SATISFACTION & EXPECTATIONS

      i. The Client acknowledges that the work delivered will be of a similar style & quality as the images on the Photographer’s website.

      ii. The Client agrees that the Photographer can only capture the event as it happens, which includes the weather, location, time restraints & subjects’ cooperation, among other factors that contribute to the quality of the photographs. 

       

       

      IX. IMAGES & ORDERING

      i. The Photographer shall make image proofs available through an online secured gallery proofing website. These proofs shall be available to the Client within 2-4 weeks of the session date. The online gallery expires after 30 days.

      ii. The pictures included in the session package and any extra pictures requested must be chosen within those 30 days of proof posting. There is a 25€ fee to repost or extend the gallery past that time.

      iii. The digital negative files will be sent as high resolution JPEGs at 300dpi.

      iv. Print orders must be made and paid in full at the time of ordering, and your final print order will be ready approximately 2-3 weeks after the order is placed and paid for in full. Canvases and printed products may take up to 6 weeks. 

      v. Order pick-ups are available by appointment only. The Photographer is not responsible for orders left past 30 days.

      vi. Handle your portraits with extreme care. The Photographer assumes no liability for damages incurred as a result of improper handling, framing, or displaying printed products.

      vii. Due to the nature of this service, all sales are final. Please examine your order carefully upon pick-up & address any concerns immediately. Client is aware that the quality of the printing delivered is not under the control of the Photographer and she cannot be held liable for the quality of services provided by third parties. In case of a faulty printed  product, an official complaint must be sent by (e)mail and the Photograpger shall try to find a suitable solution or replace the faulty product with regards to the third parties policies.

       

       

      X. COPYRIGHT & MODEL REALEASE

      i. The Photographer shall retain the all the rights of all images created. 

      ii. The Client agrees that only pictures with visible and non-altered watermarks provided by the Photographer can be used on any of the Client social medias.

      iii. The Client cannot edit, alter or retouch (colors, styles, format etc.) any of the images for any puposes whatsoever, including for social media uses, even with watermarks, without the Photographer’s agreement in writing.

      iv. The Photographer shall not use the pictures created to generally promote her business in advertising, brochures, websites, social medias, sample albums etc. without the Client‘s agreement in writing.

      v. If the Client’s permission is given, the Photographer has the exclusive right to use and publish photos taken of the Client and all subjects referred to within this agreement, including, but not limited to social media, print, marketing materials, commercial art, advertising, publishing (including publishing online), & for any product or services.

      vi. The Photographer assumes no liability for any and all claims that may arise out of the use or connection with the use of these images, including the expectation of privacy or confidentiality for the Client and/or any minor child/children depicted in these images. 

      vii. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s images are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer.

      viii. If the Photographer provides a digital file print release, the Client must act in accordance with the release.

      ix. The Client will not receive financial compensation or royalties of any kind associated with the images taken of themselves, their children, or anyone associated with these photographs. 

      x. The Client agrees to indemnify the Photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any pictures supplied to the Clie nt by the Photographer.

       

       

      XI. CREATIVE LICENCE & COVERAGE

      i. Photographs taken during the course of the event will be at the Photogapher’s discretion.

      ii. Special requests are not binding instructions, although every effort will be made to comply with the Client’s wishes. The Photographer will do her best to honor the requested photographs but do not undertake to guarantee any specific picture nor incoporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.

      iii. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.

      iv. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Photographer cannot be held responsible for images that are not produced due to technical failures. 

       

       

      XII. FOOD & BREAKS

      i. The Photographer will be allowed one 30-minute break for every 4 hours of total session time as well as restroom breaks and drinks whenever necessary.

      ii. For events lasting longer than 4 hours, the Photographer still reserves the right to take a 30-minute break either on-site or off-site to get something to eat. 

       

       

      XIII. ARBITRATION 

      If any controversy or claim arises out of, or has arisen relating to this contract or the breach, validity or interpretation or subjext matter thereof, a complaint should be made in writing. The photographer and the Client shall endeavor diligently to settle a dispute through good faith negociations. If an agreement cannot be found, any controversy or claims will be settled by arbitration in Eindhoven, the Netherlands. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

       

      The Photographer reserves the right to make changes to these terms and conditions at any time.