Copyright on photographs - 10 commandments Dupho

1. Respect copyright on photos.

2. Always ask permission from the photographer if you want to use a photo. 


3. Do not rely on the communication from others. Only the photographer can give permission to use a photo.


4. Always make clear agreements about use and reimbursement. 


5. Use a photo only for the agreed purposes. 


6. Always try to find the maker of a photo. Do not use a photo if you do not know who the maker is.


7. Always state the name of the photographer with a photo.

8. Do not edit or crop a photo without the permission of the photographer. 


9. Note the rights that others may have on the photo. Also ask them permission for use.


10. Always provide the photographer with proof of publication.

Terms and Conditions

DuPho stands for Dutch Photographers and is the professional organization for professional photographers.


Nextfocus Photography is a photography organization to which a select number of professional photographers, each with their own specialty, is associated. Nextfocus Photography is affiliated with DuPho and uses the General Terms and Conditions of DuPho which can be read here.


The DuPho General Terms and Conditions are the first to apply to all legal relationships. The additional conditions (described below) on the General Terms and Conditions of DuPho together form the integral General Terms and Conditions of Nextfocus Photography. Application of the general terms and conditions of the other party is hereby expressly rejected.


By confirming an Assignment, the Client also agrees to the integral General Terms and Conditions of Nextfocus Photography.



Definitions

• Nextfocus and Nextfocus Photography (hereinafter Nextfocus) are trade names of Kenformation Business Solutions BV, a private limited liability company and are the other party (contractor) to the agreement with the Client and user of the present general terms and conditions within the meaning of article 6: 231 sub b Dutch Civil Code;
• Client is the natural person or legal person who gives an Assignment for a Photo Shoot to Nextfocus and is the other party to the agreement with Nextfocus in the sense of article 6: 231 sub c Dutch Civil Code;
• The person portrayed is the natural person who participates in a Photoshoot from Nextfocus;
• Photo shoot is the photography service offered by Nextfocus including any additional services that are part of the offer, such as the delivery of prints or the editing of (digital) works, all in the broadest sense of the word;
• The parties are the client and Nextfocus together;
• Assignment is the confirmation of the Offer by the Client with which the agreement is concluded between the Client and
• Nextfocus regarding the Photo Shoot;
• In writing in these General Terms and Conditions also includes communication by e-mail;
• Quotation is a proposal for a Photo Shoot that a Client can agree to.

Application

• These General Terms and Conditions apply to every Assignment, including any follow-up assignment or amended or supplementary assignment given to Nextfocus, as well as to all legal relationships as a result thereof or in connection therewith, unless the parties have explicitly deviated from these conditions in writing;
• Nextfocus reserves the right to change these terms and conditions at any time. The amended terms and conditions will apply from the moment that the amended terms and conditions are published on the Nextfocus website, on the understanding that agreements already concluded will continue to be subject to the terms and conditions that were in force on the day that the Assignment was concluded.

Realization of the agreement

• An agreement is concluded the moment the Client confirms an Order via email by giving an agreement on the Quotation.

Order and execution of the agreement

• Nextfocus delivers the Photographic works in the style commonly used by Nextfocus, whereby global image optimization is applied to, among other things, light, color, contrast and crop. Post-processing outside of this is only after consultation with Nextfocus and may incur additional costs;
• Nextfocus has an obligation of best efforts and no obligation to achieve a specific result;
• The circumstances in which the Photo shoot will take place are factors that determine the quality of the result. In consultation with Nextfocus, the Client must make the circumstances for the Photo Shoot as favorable as possible and, where necessary, take measures to create the best conditions.

Change and cancellation of the assignment

• Nextfocus reserves the right to refuse an Assignment if after confirmation of the Assignment new information becomes available that makes implementation unacceptable to Nextfocus;
• Changes to the Assignment by the Client for whatever reason and pending the execution of the Assignment, will be for the account of the Client and will only be carried out by Nextfocus after a separate quotation or order confirmation of additional costs that have been signed and approved by the Client for approval.
• Nextfocus reserves the right to make changes to the reservation or to cancel the reservation in its entirety if there are reasonable grounds for this in the opinion of Nextfocus. If a Photoshoot does not take place or changes have to be made, Nextfocus will inform the Client of this as soon as reasonably possible. If Nextfocus decides that a Photoshoot cannot take place, Nextfocus will contact the Client to schedule a new date for the Photoshoot. If the Client does not wish to make use of this offer, Nextfocus will be obliged to refund amounts already paid in connection with the canceled Photoshoot.
• Cancellation by the Client up to 48 hours before the agreed day and time can be canceled free of charge;
• If canceled by the Client within 48 hours before the agreed day and time, the full amount will be charged by Nextfocus;
• It is not allowed to participate in the Photoshoot under the influence of drugs and / or alcohol. If this is the case, then the person in question can be excluded from (further) participation or the Photoshoot in question can be canceled in its entirety. In that case, the relevant Portrait Person is liable for all damage that Nextfocus suffers as a result.

Prices, invoice and payment

• All prices are exclusive of VAT and apply per Photo Shoot and include all actions and materials required for the Photo Shoot in question, unless stated otherwise;
• Payment will be made by means of an invoice that is digitally sent by Nextfocus to the Client.

Delivery and products

• Photographic works are delivered in good consultation and in a manner agreed by both Parties and are at the risk of the Client from the moment of shipment;
• Delivery does not take place until payment for the relevant service, files or product has been received.

Liability and rights of third parties

• Nextfocus is never liable for indirect damage, including, but not limited to, consequential damage, loss of profit, lost savings and damage due to business interruption;
• In all cases of damage due to unforeseen circumstances (for example illness), the liability of Nextfocus is limited to the repayment of amounts already paid to Nextfocus by the customer or by offering an alternative;
• In the event of theft or sudden (unexpected) technical failure of equipment during the execution of the assignment, including, but not limited to, the loss or failure of computers, cameras, memory cards or an accident, the assignment shall, to the extent possible, be executed and / or edited to the best. Nextfocus cannot be held liable for such unforeseeable circumstances, nor can it request or demand compensation; or compensation;
• The Client indemnifies Nextfocus against any claims from third parties that suffer damage in connection with the implementation of the agreement and whose cause is attributable to others than Nextfocus. If Nextfocus may be approached by third parties on that basis, the Client is obliged to assist Nextfocus both outside and in court and to immediately do everything that may be expected of it in that case. If the Client fails to take adequate measures, Nextfocus is entitled to do so itself without notice of default. All costs and damage on the part of Nextfocus and third parties that arise as a result are integrally for the account and risk of the Client;
• The Client (s) that makes a Photographic Work public is, to the exclusion of others, responsible for obtaining permission from the Portrait Person and / or other entitled parties. The Client indemnifies Nextfocus from all claims in this regard and beyond.

Use of photographic works by Nextfocus

• The Client gives permission to Nextfocus to use the photos taken of the Client and the other family members for commercial and business purposes on the internet in the broadest sense of the word. The Client receives no reimbursement or refund for this;
• If the Client / Porter explicitly does not want the photos of him / her or of members of the family to be used for promotional purposes as described above, then the Client / Porter must inform Nextfocus in writing prior to the agreement;
• Nextfocus cannot be held liable for the (unauthorized) use of photos by third parties, for example when photos have been copied from the internet.

Technical issues

• Nextfocus will take all reasonable measures to minimize the risk of technical problems and works with professional equipment. Nextfocus is not liable for the non-delivery of all photo material, for example due to the lack of a file or a failed recording. Nextfocus is not liable for any possible damage and / or costs incurred in the event of technical problems and incapacity.

Choice of law

• All cases in which these General Terms and Conditions apply are exclusively governed by Dutch law, even if an agreement is fully or partially implemented abroad or if the party involved in the legal relationship is domiciled there;
• Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
• Change, explanation and location of the conditions
• In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text thereof shall always prevail;
• Nextfocus reserves the right to change or supplement these terms and conditions;
• The most recently filed version or the version that applied at the time of the conclusion of the agreement always applies.

Company details

• Name: Nextfocus Photography
• Chamber of Commerce number: 28059034
• VAT number: 804916342B02
• Address: Langegracht 70 | 2312 NV | Leiden
• Telephone: +31651603963
• Email: letsshoot@nextfocusphotography.com

Privacy Policy

As a visitor and customer of Nextfocus Photography (hereinafter Nextfocus) you are entitled to careful protection of your personal information. This privacy policy has been drawn up to guarantee your privacy as well as possible. This privacy policy explains how and when Nextfocus Photography processes and records your data.



Your data

• Your data will be provided by yourself or will be entered by us as necessary based on your data;
• The processing of personal data complies with legitimate principles and guidelines such as the Personal Data Protection Act and the General Data Protection Regulation. This means at least that Nextfocus takes appropriate technical and organizational measures to protect personal data against loss or against any form of unlawful processing.

The data that we process

• First and last name;
• E-mail address;
• Other personal data that you actively provide in correspondence and / or by telephone.

Use of your data

• Nextfocus respects the privacy of all users of its website and ensures that the personal information you provide is treated confidentially;
• We use your data exclusively for our services and information provision;
• We use this data only with your permission;
• Nextfocus will not sell your personal information to third parties;
• Nextfocus needs your name and address (including e-mail address and telephone number) to do business with each other. We use this information to correctly address your orders and invoices and to keep you informed of your orders and other relevant correspondence;
• Nextfocus will only send you emails that relate to our services to you.

Right to view

• If you want to know what information we register, you can contact us. Nextfocus will show you as quickly as possible which data we have stored about you;
• You have the option to view, change or delete this data at any time.

Right of removal

• If you do not appreciate communication with us, if our cooperation is terminated or if you yourself make use of the right to be forgotten, we will immediately delete your information upon request.

Save your data

• Nextfocus does not store personal data for longer than is strictly necessary to achieve the purposes for which the data is collected.

Cookies and data collection

• Nextfocus only uses technical and functional cookies. A cookie is a small text file that is stored on your computer, tablet or smartphone when you first visit our website. The cookies we use are necessary for the technical operation of the website and your ease of use. Cookies ensure that the website works properly. We can also use this to optimize our website;
• Our cookies do not provide any information regarding personal identification and are purely for analysis;
• You can set your browser so that you do not receive cookies when you visit Nextfocus. You can also delete all information that was previously saved via the settings of your browser.

Security

• The website of Nextfocus is secured with SSL;
• Nextfocus takes the protection of your personal data seriously and takes appropriate measures to prevent abuse, loss, unauthorized access, unwanted disclosure and unauthorized changes. If there is a suspicion that your information is not properly protected or there are indications of abuse, you can contact us at letsshoot@nextfocusphotography.com.