Article 1 – Definitions and Applicability

1. These conditions apply to all offers, quotations, and agreements provided by Peter van Weel Golf Photography (hereinafter: "the Photographer") regarding photography, video recordings, and drone services on and around golf courses.
2. Deviations from these conditions are only valid if they have been confirmed in writing.
3. A quotation is valid for 14 days. The agreement is established once the client signs the quotation or confirms the assignment in writing (including via email).

Article 2 – Duration and Planning

1. For subscriptions, a term of one year applies, which is tacitly renewed by one year each time, unless cancelled in writing two months before the end of the term.
2. Dates and locations are determined in consultation. Since golf is an outdoor sport, we are weather-dependent. In the event of extreme weather (storms, lightning, or persistent heavy rain) that compromises quality or safety, a new date will be scheduled in consultation.

Article 3 – Obligations of the Client

1. The client ensures a clear briefing. Costs resulting from unclear instructions shall be borne by the client.
2. The client grants the Photographer access to the golf course and arranges any necessary permissions from the course owner or those present.
3. The client is responsible for informing members/visitors that recordings are being made (in accordance with GDPR/Privacy regulations).

Article 4 – Specific Provisions for Drone & Video

1. Drone flights: The Photographer performs drone flights only within the legal framework. If a flight cannot proceed due to regulations (no-fly zones), safety, or weather conditions, an alternative will be sought (e.g., ground-based recordings). This does not entitle the client to a discount.
2. Safety: The Photographer always has the final say regarding the safety of a flight or recording situation on the course.

Article 5 – Execution and Force Majeure

1. The Photographer shall execute the assignment to the best of their knowledge and ability.
2. In the event of illness or force majeure affecting the Photographer, the assignment will be carried out at a new time. In such cases, neither party can claim compensation from the other for costs incurred.

Article 6 – Confidentiality

The Photographer shall keep all information from the client that is not intended for publication confidential, unless there is a legal obligation to disclose it.

Article 7 – Intellectual Property and Usage

1. Ownership: All photos and videos created remain the property of Peter van Weel Golf Photography.
2. Usage Rights (Client): The client receives a license to use the images indefinitely for 3 years for their own promotion within the golf club (website, social media, club magazine). After 3 years, this right expires unless otherwise agreed.
3. Commercial Use: The client may not resell the images to third parties (such as sponsors or external media) without written permission.
4. Photographer’s Use: The Photographer has the right to use the images for their own promotion (portfolio, website, social media) and to offer them commercially to third parties, unless otherwise agreed in writing in advance.

Article 8 – Fees and Payment

1. Assignments and subscriptions are invoiced in advance. Travel costs and additional extras will be settled afterwards.
2. Payment must be made within 14 days of the invoice date.
3. In the event of late payment, the client owes statutory interest and debt collection costs (minimum 15% of the invoice amount) will be charged.
4. The Photographer may adjust rates on January 1st of each year. In the event of an increase of more than 10%, the client has the right to cancel the subscription.

Article 9 – Complaints

1. Complaints regarding the work or the invoice must be reported in writing within 30 days. A complaint does not suspend the payment obligation.
2. In the event of a justified complaint, the Photographer has the choice between adjusting the invoice, improving the work, or partially refunding the assignment fee.

Article 10 – Liability

1. The Photographer is not liable for damage resulting from the client providing incorrect or incomplete information.
2. Liability is always limited to the amount paid out by the insurance. If the insurance does not pay out, liability is limited to the invoice amount of the assignment (with a maximum of € 5,000).
3. The Photographer is not liable for indirect or consequential damages (such as loss of profit).

Article 11 – Cancellation and Termination

1. For cancellations by the client within 48 hours before the appointment, 50% of the fee will be charged. For cancellations within 24 hours, 100% will be charged.
2. In the event of bankruptcy or suspension of payment of either party, the agreement is immediately terminable.

Article 12 – Choice of Law

1. Dutch law applies to all agreements.
2. Disputes will be submitted to the competent court in the place of business of the Photographer.