We are located in Amsterdam and we have international experience, ranging from parts of Europe to the Carribbean. Any other locations are welcome.
Yes, also photography with studio set-up and paper backgrounds can be done at your location if there is adequate space to work for your project. This service will be included in the offer you will receive after briefing.
Every type of assigment has a unique pricing, depending on your briefing, extra demands and usage of the images.
Feel free to inquire for detailed information.
Regularly payment goes with wire transfer, but for smaller assignments we also accept Visa and PIN. For bigger / advertising assignments we work with a downpayment of 50%. In the terms and conditions you will find more detailed information.
This also depends on the type of assignments. Smaller assignments may involve retouching on location, or delivery within 4 days. Bigger assignments or videos will take longer, from 1 to 3 weeks depending on the size of the project and on the post-production workflow. In advance we will agree upon realistic deadlines.
Terms and Conditions 2017
Aticle 1. Definitions
In these terms and conditions shall apply:
Offer: all offers of photographer to (legal) persons which aims to enter into a contract.
Contract: the contract between photographer and client
Assignment: the service or product that will be delivered by the photographer.
Photographer: Tristan Melano Photographer, Chamber of Commerce 51949261 also user of these terms and conditions and contractor.
Client: the (legal) person or persons with whom photographer has signed the agreement, also the Acceptor of these terms and conditions.
Cancel: termination or rescission of the contract.
Writing: electronic communications such as e-mail, provided the identity of the sender and the authenticity of the communication sufficiently established. The burden of receiving electronic communications is always at the client.
Use: reproduction and / or publication within the meaning of the Copyright Act 1912
CA: Copyright Act 1912
Article 2. Application
1. These general conditions apply to all legal relationships between photographer and client, and to all quotations, offers and agreements.
2. Provisions or conditions imposed by the client that deviate from or do not appear in these general conditions for photographer binding only if and insofar explicitly accepted in writing by photographer.
Article 3. Offer
1. Photographer makes an offer in the form of a quotation or price list.
2. Unless otherwise agreed, the offer expires 30 days after the date of dispatch by the photographer.
3. Prices quoted in tenders and offers are subject to change by (unforeseen) changes in the work or increase in prices of resources. Photographer will inform about increase of costs up to 10 days before the commission informed.
Artcile 4. Acceptance of an assignment
1. Client must accept the offer explicitly and in writing. If the client fails to do so but consents, or at least gives the impression of acceptable agreement that photographer works under the contract, the offer shall be deemed accepted.
2. Photographer reserves the right to refuse an assignment if new information becomes available upon acceptance, which could lead to unacceptable circumstances for Photographer to perform.
3. After acceptance, the agreement may be amended only by mutual consent. Photographer is then entitled to adjust the price payable for the contract.
Article 6. Execution of the order
1. Photographer will carry out orders to the best of its ability and in accordance with the requirements of good craftsmanship, style in which photographer usually works.
2. Photographer will be able to act to the best in the given and existing conditions during the photo shoot and / or report. The client undertakes to create the conditions for a photographer as favorable as possible and, where necessary, take measures including, but not limited to instructing others present.
3. Photographer delivers the images in the application used by its usual style, in which an image optimization include light, color, contrast and cropping. Retouching of delivered images is only permitted after consultation with the photographer and additional charges may apply.
4. Client is obliged to do all that and let whatever is reasonably necessary or desirable to permit a timely and proper execution of the contract.
Article 8. Delivery
1. Photographer uses, unless otherwise agreed, an estimated delivery time.
2. Online delivery of photos have an estimated delivery time of 7 days, unless otherwise agreed.
3. Photographer provides in advance a notification of results with longer delivery time. The estimated delivery time of the products are communicated to the client by email.
4. Delivery shall be made, unless otherwise agreed, by regular mail.
5. RAW files are not provided, unless agreed upon beforehand.
Article 9. Compensation
1. If no payment has been agreed upon by the parties, by the photographers' usual rate applies.
2. If it seems impossible to pay this usual rate, photographer charges a fair and reasonable fee for the delivery.
3. If it is plausible that photographer has incurred higher costs and / or made more work, which were reasonably necessary for the photographer, this will be passed on to the client.
4. The final compensation will be based on the basis of work performed and costs incurred on the basis of actual costs in accordance with the agreed hourly rate and other commonly used prices.
5. All amounts mentioned by photographer include VAT, unless otherwise agreed.
Article 10. Payment Terms
1. Photographer will, for the principal amount owed by an (electronic) send an invoice to the client, unless otherwise agreed.
2. For orders with an invoice amount of 2500 or higher, at least 50% of the total amount will be required as a deposit and need to be paid prior to the contract, unless otherwise agreed.
3. Unless otherwise agreed, the payment period is 21 days after the invoice date.
Article 11. Cancellation and suspension
1. If an invoice is not paid to the photographer after the date of payment has passed, photogrpher is allowed to suspend his activities on behalf of the client until the amount of the invoice is paid.
2. If the client fails to inform adequately about circumstances that could negatively influence the performance of the contract provided or fails (in time) to be present, while this is necessary for the performance of the contract, photographer has the right to suspend or terminate the agreement.
3. Suspension or termination of the agreement needs to be executed in writing.
4. Upon reasonable termination of the agreement by the photographer, 25% of the agreed total price will be charged.
5. In case of severe conditions making it for photographer impossible to execute the contract itself on the agreed date, photographer will, if necessary, arrange for a replacement photographer, or if possible, agree on a new date.
6. If extreme circumstances occur, including but not limited to disease and extreme weather conditions, by which it is impossible to perform the contract on the agreed date, there will not be agreed upon more than three times on a new date.
7. Obligation also applies if the client wishes to make use of the services or products manufactured under the agreement.
Article 12. Complaints
1. Complaints about the execution of the agreement and / or objections to a bill must within 14 days after receiving the image files to be submitted in writing to the photographer.
2. Complaints after the given period will not be processed.
3. Complaints or objections do not suspend the payment obligation.
Article 13. Copyright
1. Each agreement also holds the license described in this article with respect to the photographic work of photographer, unless otherwise agreed.
2. The copyright and other intellectual property rights at all the developed work rests with photographer.
3. Photographer reserves the right to use the work for its own promotional purposes and publications, including but not limited to, website and blog, portfolio, ads, social media, magazine articles, in print, exhibition materials and display items.
4. Client is, unless otherwise agreed, not entitled to grant sub-licenses to third parties or to transfer its own license.
5. Client must obtain written permission before sending in a photo for the purpose of competitions and publications by third parties.
6. Client must respect the moral rights of the photographer, including the obligation of attribution, as stated in 'Article 25 Aw'.
7. Editing digitally or analog or modify the delivered work is prohibited without prior written permission from photographer.
8. Any use of a work of photographer that has not been agreed upon, is considered an infringement of the copyright of the photographer.
9. Any infringement of copyright and / or moral rights of the photographer, photographer counts three times the usual fee for such cases as compensation for the damage suffered.
10. Damages gives no right to further use of the work of the photographer.
Article 14. Right Portrait
1. Photographer reserves the right to use the work for its own promotional purposes and publications, including but not limited to, website and blog, portfolio, ads, social media, magazine articles, in print, exhibition material, unless otherwise agreed.
2. Photographer reserves the right to out-license the work to third parties for promotion.
3. Objection to publication of portraits should be written prior to the announced agreement with photographer.
4. Deviating agreements are recorded in writing.
Article 15. Liability
1. Photographer is not liable for any damage caused to the client, unless there is intent or gross negligence on the part of the photographer or his representatives.
2. Photographer is not liable for color differences on non-calibrated displays or prints that are not supplied by a photographer.
3. The liability is limited to the amount of the invoice amount.
Article 16. Amendments to these terms and conditions
1. Photographer adheres to amend or supplement the law for these terms.
2. Changes are communicated to the client by photographer time and in writing.
3. If the client does not want to accept a proposed change, he may terminate until the date on which the new terms and conditions in effect the agreement by this date.
Article 17. Other provisions
1. If any provision of the agreement and / or the terms and conditions are found to be void or voidable, the other provisions and the Agreement will remain intact.
2. Dutch kaw will be applicable on all legal relationships between Tristan Melano Photographer and client.