TERMS AND CONDITIONS & COPYRIGHTS l LORENZO FRISON PHOTOGRAPHY l 2023-2024
1. Lorenzo Frison Photography
Lorenzo Frison Photography is a sole proprietorship with an exemption from VAT small businesses with headquarters at 3600 GENK, Staatstuinwijk 24 and known in the CBE with number: 0783.322.807.
The client: is a physical or legal person who orders services or goods from Lorenzo Frison Photography.
2. Scope
1. By purchasing products or services from Lorenzo Frison Photography, the client agrees to these general terms and conditions. The client's general terms and conditions are subordinate to those of Lorenzo Frison Photography.
2. These general terms and conditions constitute the contract by which both parties are bound. No deviation from these general terms and conditions can be made in any way, except with the written permission of Lorenzo Frison Photography. 3. If Lorenzo Frison Photography does not apply these terms and conditions or any provision thereof, this cannot be interpreted as a waiver of these terms or conditions or an acknowledgement of any right whatsoever on the part of the client.
3. Invoicing
1. Unless expressly agreed otherwise between the parties, invoices are payable within 14 days of the invoice date.
2. Lorenzo Frison Photography is entitled to adjust the agreed price if the client makes changes to the originally specified assignment/specifications or if changes occur in the cost price of the service or product. If the agreed production time
is exceeded, 62,50 Euro to 75,00 Euro per extra hour will be charged for photography and 75,00 Euro to 125,00 Euro per extra hour for film or video. Exemption from VAT for small businesses. Each one-hour start counts as a full hour.
3. Travel costs are charged at 0.49 Euro per kilometer. Lorenzo Frison Photography is entitled to deviate on the final invoice from any travel costs shown on the quotation handed over to the client. If Lorenzo Frison Photography travels by public transport, these travel costs will be charged for the outward and return journey.
4. The invoices must be paid to the account number BE14 0019 2602 0983 stating the invoice number. it is customary to receive payment before releasing the full high-resolution images.
5. Any invoice that has remained unpaid on the due date will be subject to an annual interest rate of 8 percent until the day of payment, in addition to a conventional compensation clause of 10 percent with a minimum of 100.00 Euro. This provision does not affect the Law of 2 August 2002 on commercial transactions. The receipt of the invoice constitutes a legal reminder from the creditor in accordance with Article 1139 of the Civil Code, without the need for a deed and only by the expiry of the period.
6. Any invoice protest must be sent to Lorenzo Frison Photography by reasoned and registered letter. This must be done within 8
days of the invoice date, whereby the proof of registered mail will serve as a checkpoint of this period. A lack of timely protest implies an irrevocable acceptance of the invoice and the amounts, goods and services stated therein. Submitting a complaint/invoice protest does not release the client from his payment obligation.
7. Non-payment of the invoice on the due date gives Lorenzo Frison Photography the right to suspend his further obligations towards the client, regardless of his right, without notice and prior legal decision, to see the contract dissolved to the detriment of the client as well as to claim compensation and interest. 7.1. If a customer has an outstanding invoice that has not been paid and expects a new delivery of our services, we will wait to proceed with the delivery until both the outstanding invoice and the new invoice are fully paid.
4. Feedback round
1. Unless expressly agreed otherwise between the parties, one feedback round per film project is included.
2. The client undertakes to provide all feedback in writing to Lorenzo Frison Photography within 48 hours after sending the first version. If the client only provides feedback afterwards, Lorenzo Frison Photography reserves the right to postpone the initially agreed end date of the project to a later date.
5. Cancellation
1. The client has the possibility to cancel the order at any time, subject to compliance with the following payment obligations.
2. In case of cancellation within 3 weeks of the start date of the agreed services, the client must pay Lorenzo Frison Photography 25 percent of the total quotation price.
3. In case of cancellation within 2 weeks of the start date of the agreed services, the client must pay Lorenzo Frison Photography 50 percent of the total quotation price.
4. In case of cancellation on 1 week of the start date of the agreed services, the client must pay Lorenzo Frison Photography 75 percent of the total quotation price.
5. Cancellation less than 1 week from the start date of the agreed services means that the client must pay the total quotation price, unless otherwise agreed with Lorenzo Frison Photography.
6. Cooperation with third parties
1. Lorenzo Frison Photography is free to choose suppliers, models, stylists and other third parties with whom it works to achieve a complete execution of the assignment.
7. Force majeure, unexpected matters and unforeseeability
1. Lorenzo Frison Photography can in no way be held liable for non-fulfillment, temporarily or permanently, of its obligations if this non-fulfillment is due to force majeure or unexpected circumstances. Force majeure can be defined as any circumstance that occurs beyond the control of Lorenzo Frison Photography and more generally, all circumstances that prevent, reduce or delay the execution of the assignment by Lorenzo Frison Photography.
2. Interference or failure of wired and wireless connections (including satellite connections) or equipment shall not entitle you to any form of compensation.
8. Copyright and intellectual property rights
1. The copyright of all products developed by Lorenzo Frison Photography (such as graphic designs, websites, photography, software, video, films ...) lies entirely and exclusively with Lorenzo Frison Photography. No products (such as graphic designs, photographs, websites, software, source files (both source files and projects...) may be modified, copied, deleted, modified or shared with third parties without the express written permission of Lorenzo Frison Photography. The material manufactured by Lorenzo Frison Photography is and remains the property of Lorenzo Frison Photography and it is always entitled to clearly state its name on the developed products. 2. Unless otherwise agreed in writing, all intellectual property rights on the website, productions or other creations developed by Lorenzo Frison Photography in the context of the execution of the agreement with the client belong to the exclusive property of Lorenzo Frison Photography. No provision in the agreement with the client can be understood as a full or partial transfer of these intellectual property rights to the client.
3. Lorenzo Frison Photography is only obliged to keep the recordings made for the client for 3 months after the production date.
9. SOFAM – Copyright company SOFAM
protects, defends, negotiates, collects and distributes the rights of the authors of works from the visual arts, including plastic, graphic, infographic, photographic, architectural, applied arts and audiovisual works.
This collection of copyrights takes place at three levels:
— individual copyright management: SOFAM collects copyrights, on the basis of its own Tariff, on reproductions, in whatever form, and on the communication to the public of works by its members, both at the request of members and at the request of publishers or other users. If necessary, SOFAM will also claim damages for lack of prior authorisation and/or lack of attribution, in addition to the basic rights.
— collective management of remuneration rights: this concerns the collection and distribution of rights relating to cable television, reprography, home copying, public lending rights, etc.
— international level: SOFAM has concluded contracts with a large number of foreign sister companies to collect the copyrights of SOFAM members abroad.
1. The SOFAM Tariff
The SOFAM Tariff includes the rights for the reproduction and public communication of works of the visual arts. The rates quoted are indicative. The author may, taking into account the quality of his work and his own reputation, request lower or higher rights.
Tariff reductions due to the cultural or humanitarian nature of the publication or tariff increases due to the sponsored nature of the publication are decided by the author himself.
These indicative rates apply provided that the legal principles of copyright, such as prior permission and the right to sign, are respected. If this is not the case, the author and SOFAM reserve the right to claim damages.
The author reserves the right to refuse any use of his work that has not been explicitly authorized. The author reserves the right to refuse the use of his works in circumstances that he believes detract from his reputation and/or that they are not in line with his moral principles.
The SOFAM Rate is recognised by the Belgian courts and tribunals as the appropriate reference reflecting the customs of the profession. It is the result of an extensive consultation of all the environments concerned and it is based on the legal provisions on copyright.
2. Obligations for the user
The use of visual works is subject to a number of legal obligations provided for in the Law of 30 June 1994 on copyright and related rights.
The user must ask the author and/or his rightholder and/or SOFAM for prior permission to reproduce and to communicate publicly. When the the user has not obtained permission, he may not reproduce the work. (Art. 1 § 1)
The user must correctly and unambiguously state the name of the author and/or of his rightholder so that the work can be assigned to his author immediately. The name can be mentioned in the following way: " Year of publication – Name of the author and/or of his rightholder – SOFAM"©. (Art. 1 § 2) Example: 2023 – Lorenzo Frison Photography of © Photography: © Lorenzo Frison
Respect for the integrity of the work, the user may not modify the work without the prior consent of the author. SOFAM refers to art.1 §2 of the Law on Copyright and Related Rights which states: "the author of a literary or work of art has an inalienable moral right to that work. The overall waiver of the future exercise of that right is null and void.'
Any permission to reproduce and to communicate publicly is granted personally and cannot be transferred to third parties without the express prior consent of the author and/or his rightholder.
3. Contractual obligations
In addition to the legal obligations, the author may provide for a number of additional obligations in his agreement with the user. The following obligations are generally accepted and derive from the principle of respect for his work.
The user is obliged to provide the author with a proof copy of the medium in which the works were reproduced free of charge within one month of printing or distribution.
The use of the delivered works is the sole responsibility of the user. He alone is responsible for obtaining the necessary permits with regard to the persons or works depicted on the works, as well as for the published captions and the context in which the works are reproduced.
4. Damages
If the user has not respected the aforementioned obligations and has consequently violated the rights of the author, the author and SOFAM reserve the right to charge damages, in addition to the usual copyrights.
When a work is reproduced without the prior consent of the author and/or his rightholder, compensation of 200% of the basic right is provided with a minimum of 123.95 € per exploitation.
When a work is reproduced without mentioning the name of the author and/or his rightholder, compensation of 100% of the basic right is provided with a minimum of 123.95 € per exploitation.
When a work is signed with a name other than that of the author and/or his rightholder, compensation of 300% of the basic right is provided with a minimum of 247.89€ per exploitation.
In case of violation of the integrity of a workIn case of modification of the work, compensation of 200% of the basic right is provided with a minimum of 123.95€ per operation.
In case of damage or loss of a workWhen the user damages or loses a work, compensation is provided of 1,239.47 € per original work and of 247.89 € per duplicate.
10. Processing of personal data
Lorenzo Frison Photography and the client acknowledge that the processing of personal data within the framework of the Agreement is subject to the Belgian law of 8 December
1992 (hereinafter: "Privacy Act") and from 25 May 2018 the Regulation (EU) 2016/679 (the "GDPR") which will replace the Privacy Act.
2. Dispute or Dispute. 1. In the event of a dispute or dispute between Lorenzo Frison Photography, the client or a third party, the courts of the registered office of Lorenzo Frison Photography are exclusively competent. Only Belgian law applies.
11. Client Galleries
1. Lorenzo Frison Photography will provide the client with a personal online gallery, if available, upon delivery of the images. The gallery may include a secret password, and it will allow you to download all the paid images in high resolution. Unfortunately video's and filmproject can't be uploaded yet in the client galleries, therefore we will provide you another way to download that type of content.
2. The gallery will only be accessible after the invoice has been paid and will remain available to you for a period of 31 days. The purpose of the gallery is to give you sufficient time to download and store the images. Please note that the gallery is not intended for long-term storage of your images. If you wish to extend the gallery beyond the 31-day period, a fee of €10.00 per month will apply. Failure to respond within the 31-day period will result in the immediate removal of the gallery, and you will no longer have access to it. In case of loss or accidental deletion of the images, please contact us directly to explore possible solutions.
3. Lorenzo Frison Photography reserves the exclusive right to grant or revoke your access to the gallery at any time, as well as make modifications or remove content as necessary.