1.1 These general terms and conditions apply to all legal relationships regarding creative assignments (verbal and visual) between studio – Pope bv and the client. These assignments concern, on the one hand, verbal assignments such as copywriting, ghostwriting, developing and presenting ceremonies (not exhaustive) and, on the other hand, visual assignments such as photography assignments and graphic work. Assignments in which photography and text are combined (e.g. the product holdfast) also fall under these conditions. Placing an assignment and/or placing an order implies that the client fully and unreservedly agrees to these general terms and conditions. Any deviation from these general terms and conditions must be approved in writing in advance by studio - Pope. These general terms and conditions take precedence over the client's general terms and conditions.
2.1. studio - Pope: private company with company number 0766.419.269, with address 9000 Ghent, Vijvermeerspark 27, represented by its managers Niels Van Couter and Melanie Goethals, its employees or any third parties who carry out an assignment on behalf of Studio - Pope.
2.2. The client: the natural or legal person who hires the services of studio - Pope to carry out a creation on his behalf. studio - Pope may regard as its client - held in its own name - anyone who has entrusted it with an assignment, unless the latter has expressly indicated that he or she is acting as a representative, organ of a legal entity, as an agent, in the name and on behalf of a third party, for which this will only be valid if the name and address of this third party, principal, legal entity or representative is provided to Studio - Pope at the same time as the assignment.
2.3. A text, ceremony, poem, website(s), photo session, photo series, photography, photo albums, photo box, photo shoot, prints, production, product: the online or offline services, deliveries, activities to which the agreement relates.
2.4. An extra: the natural or legal person with whom the client enters into an agreement in order to realize a specific aspect of the work to be carried out. In professional jargon also called a model or photo model.
3.1. The prices applicable to the services are those announced on the website and/or in a quotation. Prices are expressed in euros and include taxes and VAT, unless stated otherwise.
3.2. Prices may be changed at any time. The changed prices apply to all orders placed after the change has been implemented.
3.3. Quotations are entirely without obligation, unless demonstrably stated otherwise. The quotation does not oblige the delivery or execution of part of the performance at a proportionate price. A quotation or prices in a price brochure remains valid for one month after it has been sent. Prices may change afterwards.
4.1. An order agreement between studio - Pope and the client with regard to the delivery of text, photo and other image material is only concluded by written confirmation from Studio - Pope.
4.2. For photographing weddings or creating a wedding ceremony: the order agreement between studio - Pope and the client is concluded for one specific date or several dates. Only this date or dates are booked by studio - Pope and definitively confirmed by means of the advance payment (see 4.3). If the client wants to move the date to another time, for whatever reason, studio - Pope can charge an administrative fee of €250. Moving to another date is only possible if studio - Pope still has availability. If studio - Pope is not available, the assignment will be considered 'cancelled' and the provisions of art. 4.5.
4.3. For photographing weddings or creating a wedding ceremony: the agreement is finalized after receipt of the deposit. This advance amounts to 40% of the total invoice amount. This advance must be paid within 7 days after written acceptance of the assignment and/or order by studio - Pope. If the advance is not paid on time, studio - Pope has the right to unilaterally terminate the agreement, without prior notice of default, without having to request prior permission from the Court and without studio - Pope being liable for damages of any kind.
4.4. In the event of cancellation by the client, the full advance payment will be charged, regardless of the reason or time of the cancellation.
4.5. In the event of cancellation after the order agreement has been concluded, studio - Pope will be reimbursed as follows:
- in case of cancellation up to 24 hours in advance: minimum 75% of the daily price for all reserved days, plus all costs incurred.
- in case of cancellation up to 48 hours in advance: minimum 50% of the daily price for all reserved days, plus all costs incurred.
- in case of cancellation up to 72 hours in advance: minimum 25% of the daily price for all reserved days, plus all costs incurred.
4.6. If the recording for a commercial assignment is postponed by the client, but carried out within a period of thirty days, whereby a new assignment is confirmed in writing, the following additional compensation is due:
- postponement 24 hours in advance: minimum 50% of the daily price, plus all costs incurred.
- postponement 48 hours in advance: minimum 25% of the daily price, plus all costs incurred.
- postponement 72 hours in advance: minimum 15% of the daily price, plus all costs incurred.
- postponement more than 72 hours in advance: all costs incurred. If the withdrawal is not made within 30 days, the fee will be charged as for a cancellation.
5.1. Vrij Werk is an agreement between studio - Pope and the other party, whereby the other party invests time to pose and then receives photos from studio - Pope, without owing any compensation for this. studio - Pope decides autonomously, and possibly even after delivery of the services, whether a photo session falls under the Free Work statute. This applies even if a quotation has been drawn up in advance or an agreement has been signed at an agreed price. studio - Pope can decide this, for example, if it considers the results to be of such a nature that they can serve as a portfolio addition.
5.2. In this case, the provisions of art. 13 fully applicable.
6.1. When placing the order, you must provide accurate and precise information about the identity of the recipient of the order and the delivery address and e-mail address to which confirmation of the order can be sent.
6.2. Any person or company that places an order requesting that it be charged to third parties will be held jointly and severally liable for its payment.
6.3. Studio - Pope does not commit an order until it has been confirmed by e-mail or via any other available means of communication.
6.4. The order will only be delivered after payment has been received.
6.5. Changes to the original order of any nature (in the text, in the editing or placement of illustrations, in the formats, etc.), made in writing or in any other way by or on behalf of the client, will be invoiced additionally to the client and extend the execution period. This also applies to machine standstills pending the “good for order”.
7.1. Studio - Pope invoices are payable within 15 days of the invoice date, unless stated otherwise on the invoice.
7.2. All amounts not paid by the due date automatically, without prior notice of default, yield interest of 1% per month on the outstanding amount and a fixed compensation of 15% of the invoice amount, with a minimum of 75 euros, unless greater damage is proven. The advance will automatically accrue to studio - Pope and will be offset against the aforementioned compensation. The waiver of rights only takes effect at the time of full payment of the fee for the waiver of rights.
7.3. After placing the order, the client will receive a confirmation of the order by e-mail as well as the corresponding invoice, with the request that the amount can be transferred to the bank account of studio - Pope. After receipt of payment, the design, products and/or developed photos are made and delivered.
8.1. Orders can be collected at no additional cost from the building where studio - Pope conducts its business. The client must expressly inform studio - Pope of this in advance.
8.2. All orders are shipped by studio - Pope via regular mail. The costs for express shipping by courier that are the result of urgency or at the simple request of the client are borne by the client.
8.3. Sent photos or other carriers are at the risk of the other party from the moment of shipment until the moment that the photos or carriers are returned undamaged by studio - Pope. studio - Pope is not liable for delay, theft, loss and/or damage caused by B-Post or by a third party relied on by Studio - Pope to ship orders.
8.4. studio - Pope only delivers to addresses in Europe.
8.5. The delivery time depends on the product ordered.
8.6. The delivery time always starts after receipt of your payment. The full amount must be received by studio - Pope before delivery takes place.
8.7. If no delivery time has been agreed, this will be determined within reason by studio - Pope. If studio - Pope and the other party agree that the delivery time will be brought forward, Studio - Pope has the right to increase the originally agreed fee by at least 50%.
8.8. If the client changes the original agreement, the delivery period can be extended.
8.9. If the client does not receive the order within the agreed period, he has one week to inform studio - Pope. Under no circumstances can exceeding the delivery period result in a reduction in the price, nor can it give rise to any compensation or termination/dissolution or breach of the agreement.
8.10. If the shipment with the order arrives again at studio - Pope because you have provided an incomplete or incorrect delivery address, the client cannot claim compensation. At the request of the client, the order will be sent again and the client must pay the shipping costs.
8.11. studio - Pope is always entitled to request an advance payment for costs from the client. All travel costs such as transport tickets, overnight stays, catering, etc. are borne by the client. They are either included in the fee
charged to the client, or invoiced directly to the client by studio - Pope. Travel time and transfers from studio - Pope can be charged a maximum of 50% of his fee.
8.12. The time used for location scouting, casting, pre-lighting, construction and dismantling of the set and other preparatory work can be charged for a maximum of 50% of the daily fee.
8.13. Photos are delivered via an online gallery, unless otherwise agreed in writing. The number of photos delivered depends on the assignment and will be described per assignment.
9.1. If the execution of the assignment cannot be realized due to force majeure, studio - Pope is entitled to terminate the assignment. In this case, the other party is obliged to compensate studio - Pope for the work already performed. studio - Pope is under no circumstances obliged to pay any compensation to the other party.
9.2. In the event of force majeure, studio - Pope must promptly notify the other party. After receiving this notification, the other party has 2 weeks to terminate the agreement. If the other party decides to dissolve, it is obliged to compensate studio - Pope for the work already performed.
9.3. Force majeure includes: loss of the original digital files due to a crash, war, mobilization, riots, atmospheric disruptions, floods, storm damage, disruption of train, water, air or road traffic, lack of fuel, stagnation, limitation or cessation of supply by public utilities, fire, machine breakdown and other productions, creations, work, disruptions, strikes, exclusions, government measures, non-deliveries of materials by third parties and other at the time of the conclusion of the assignment and/or agreement, unforeseeable circumstances that make the execution of the assignment and/or agreement impossible or that have such an influence that the other party cannot reasonably and fairly demand compliance with the assignment and/or agreement. This list is not exhaustive.
9.4. In the event that the agreement cannot be executed by Studio - Pope due to illness or accident, Studio - Pope and the client will look for a suitable solution in mutual consultation. If necessary, studio - Pope will try to provide a replacement to the extent possible and with the agreement of the client. In that case, the client is deemed to contract directly with the replacement and studio - Pope can therefore no longer be held liable for any (extra) contractual shortcoming by the replacement. If no replacement can be found, both parties can cancel the agreement free of charge. In this case, studio - Pope undertakes to repay the advance already received, but will not owe any compensation to the client.
10.1. studio - Pope declares that, according to its own standards, it makes quality recordings and also edits them in its own style. Assignments in written or spoken word will also always be delivered in your own style and according to the qualitative standards that studio – Pope applies.
10.2. studio - Pope has the right to carry out everything that is not expressly described in an assignment according to its own technical and creative insight.
10.3. Changes to the assignment by the other party for whatever reason and pending the execution of the assignment will be borne by the other party and will only be carried out by studio - Pope after a separate quotation for additional costs has been signed for approval by the other party and returned to Studio - Pope. Changes to the original assignment extend the execution period.
10.4. The client may be present or may send an authorized representative to the recordings. If they are not present, the client must comply with the judgment of studio - Pope with regard to the proper execution of the assignment, without being able to exercise any recourse.
11.1. The performance and services provided by studio - Pope are always an obligation of best efforts, but not an obligation of results.
11.2. studio - Pope must, if applicable, carry out the corrections indicated in writing by the client, but is not liable for unspecified spelling, linguistic or grammatical errors. Once studio - Pope has sent the order to the printer, the client can no longer request corrections.
11.3. studio - Pope is not responsible for any color deviations that may arise when fulfilling the assignment, for example due to the composition of the photographed objects or as a result of fluctuations in color temperature.
11.4. Studio - Pope is also not responsible if a recording is rejected by the client because the briefing, concept or strategy of the client changes or because the product was delivered by the client with defects. In the aforementioned cases, the full fee and all costs are due. This also applies to any new recordings made afterwards, regardless of the rejected recordings.
11.5. The verbally specified changes are carried out at the risk of the client.
11.6. studio - Pope is not liable for any direct or indirect damage unless there is intent or serious error.
11.7. Except in the case of intent, the total liability of studio - Pope is limited to the invoice amount.
11.8 studio - Pope can under no circumstances be held liable for physical or material damage caused by falls, slips, etc. of the other party during the execution of the assignment.
11.9. studio - Pope cannot under any circumstances be held liable for the loss and/or damage of the client's property before, during or after the execution of the assignment.
11.10. studio - Pope is not responsible for damage to or loss of objects necessary for the realization of an assignment. All clothing, collection items and other accessories will be treated with the necessary care, but studio - Pope cannot be held responsible for damage or loss. If the value of the goods warrants it, studio - Pope can have the goods insured and Studio - Pope is entitled to pass on the costs to the client.
11.11. studio - Pope is not liable for obtaining the agreement of the holders of copyrights, neighboring rights, image rights, trademark rights, whose works, performances, images or brands are depicted on the material and are necessary for the use of the photo and other image material, nor to pay the associated costs. These amounts are not included in the fee. If necessary, the client will indemnify studio - Pope against any claim that these holders assert against Studio - Pope as a result of the exploitation of the photo and other image material by the client.
11.12. The liability of the studio - Pope in producing recordings does not extend beyond its own intervention. studio - Pope is therefore not responsible for the behavior, punctuality or professional performance of any employee, model, actor, extra, even if he has been contacted on behalf of the client.
11.13. studio - Pope is not responsible for any postponement or cancellation of a production or recording that is due to late delivery by the client or his subcontractor of a product or accessory, or to the punctuality or incorrect behavior of the latter.
11.14. studio - Pope is not liable for damage or loss caused by the development lab, manufacturing defects, airport x-ray checks, etc. This list is not exhaustive. In all those cases, the studio - Pope's fee is also due in full. If studio - Pope's liability were to be compromised, the compensation owed by him cannot exceed the fee for that particular assignment.
12.1. If the client is not satisfied with the quality of the work, he can inform studio - Pope by e-mail: contact@studiopaus.com
12.2. All formal complaints regarding the services provided, the orders and/or the invoice must be sent by registered letter to studio - Pope within 8 days after the execution or invoice date. Any late protest is inadmissible.
(Act of 30 June 1994 on copyright and related rights.)
13.1. studio - Pope retains the copyrights on all works it carries out for the client. The client confirms that he cannot claim copyright of the photos, drawings and/or texts, neither in analogue nor in digital form, unless otherwise agreed in writing.
13.2. The model and the promotional agency or promotional website undertake to mention the name of studio - Pope with each publication.
13.3. The model, nor the parents or guardians, have any exclusivity rights to the images taken, nor to the style or edits applied to the photos.
13.4. The client has the right to use and reproduce the works for personal purposes. The total invoice price includes the client's right to use and reproduce the works for personal purposes. Reproduction of any work for personal purposes by the client is only permitted in accordance with the provisions of Articles 21 and 22 of the Belgian Copyright Act. The right of use is personal and may not be transferred under any circumstances without written permission from the photographer.
13.5. Unless otherwise stated in writing, confirmed in writing by studio - Pope, the fee of studio - Pope reimburses its time, experience, investments and waiver of reproduction rights on its behalf only for the expressly agreed exploitation method, form, destination, and territorial scope and for a period of one year. In the absence of such a provision in the agreement, studio - Pope has the right to oppose the use of the photos or texts until a written agreement regarding these points is made. The client is responsible for the use of the texts, photos and other images by third parties.
13.6. It is prohibited for both parties to commercially exploit the texts or photos, unless otherwise agreed in writing. If the texts or photos are made for commercial purposes, such as advertising, brochures, advertisements or other forms of publicity, the texts or photos may only be used by the trader/legal entity, for the sole purposes and within the territory as described in the agreement, without prior written permission from studio - Pope. If texts or photos are used for commercial exploitation, studio - Pope may charge an additional fee for this.
13.7. The client undertakes to ensure that any permitted exploitation of the texts, photo and image material, as well as any reproduction, is accompanied by the statement “© studio - Pope”. The client is prohibited from changing the texts or photos in any way. 'Change' means: shortening the text, adjusting the words or punctuation, cropping images, adjusting colors and contrasts or other visual changes.
13.8. studio - Pope retains full ownership rights in all circumstances to all texts, photo and other image material supplied to the client, including the ownership of the digital files, the cliché, the matrices and other carriers, even if they are temporarily made available to the client.
13.9. In the event of any copyright infringement, such as, but not limited to, any failure to mention the reference “© studio - Pope” on any permitted reproduction of a copyrighted work by Studio - Pope, the client will owe Studio - Pope compensation of at least EUR 500 per infringement or infringing photo, without prejudice to the right of Studio - Pope to claim higher damages.
13.10. The client may under no circumstances pass on photos or texts to third parties without prior written approval from studio - Pope. Studio Pope must give his/her approval for every possible publication. studio - Pope reserves the right to request additional compensation in connection with copyrights for publications.
14.1. studio - Pope has the right to publish the photos for personal, non-commercial, promotional purposes. Also for exhibitions and/or photo competitions and publications in print and on the internet. If the model does not grant permission for this right, the photographer must be informed by email within 8 working days after the end of the photo session.
15.1. The photos taken by studio - Pope are stored digitally for at least 30 days after the invoice date.
16.1. If, after finishing the photo design, an error has crept into the text that was incorrectly communicated by the client, studio - Pope will recreate the design with a discount of 15%.
17.1. studio - Pope can change these special conditions at any time. The other party must regularly take note of the applicable conditions.
18.1. These conditions are subject to Belgian law. For any dispute regarding the application and interpretation of these general terms and conditions and/or arising from a legal relationship between studio - Pope and the client, the courts in Ghent have exclusive jurisdiction.
