Gerlach Delissen Photography is affiliated with DuPho, the professional organization for professional image makers in the Netherlands. In this context, the general terms and conditions as drafted by DuPho are declared applicable to the services provided by Gerlach Delissen Photography.<\/p>\n
1. Definitions<\/strong><\/p>\n In these General Terms and Conditions, the following terms are defined as: 2. Application<\/strong><\/p>\n These General Terms and Conditions apply to all legal relationships between the Photographer and the Counterparty, including quotations, order confirmations, and oral or written agreements, even after the termination of an agreement, unless the parties have deviated from these terms and conditions in writing and expressly. The applicability of the Counterparty’s general terms and conditions is expressly rejected.<\/p>\n 3. Price<\/strong><\/p>\n 3.1 \u00a0 If the parties have not agreed on a price, the Photographer shall unilaterally determine the price in accordance with reasonableness and fairness, taking into account the work performed and the scope and extent of the Use of the Work desired by the Counterparty.<\/p>\n 3.2 \u00a0 Necessary costs and\/or additional work must be paid by the Counterparty.<\/p>\n 4. Invoice and payment<\/strong><\/p>\n 4.1 \u00a0 Payment must be made within 14 days of the invoice date.<\/p>\n 4.2 \u00a0 If the Photographer has not received the amount due within the period referred to in Art. 4.1, the Counterparty shall owe statutory interest plus 2% on the invoice amount.<\/p>\n 4.3 \u00a0 If the Counterparty is in default or has otherwise failed to fulfill one or more of its obligations, including an infringement of copyrights or personality rights, then all costs incurred by the Photographer to obtain satisfaction in and out of court shall be borne by the Counterparty.<\/p>\n 4.4 \u00a0 No Use of the Photographic Work in any manner whatsoever is permitted as long as the Counterparty has not yet settled any outstanding invoice from the Photographer.<\/p>\n 5. Assignment<\/strong><\/p>\n 5.1 \u00a0 The Counterparty shall make specific wishes relevant to the execution of the Assignment known to the Photographer in writing, in a timely manner prior to the commencement of the assignment.<\/p>\n 5.2 \u00a0 The Photographer shall execute the Assignment according to his own technical and creative insight and shall endeavor to accommodate specific wishes of the Counterparty as referred to in the previous paragraph.<\/p>\n 5.3 \u00a0 The assignment is at all times to be regarded as an obligation of best effort, not an obligation of result.<\/p>\n 5.4 \u00a0 Changes to the Assignment as desired by the Counterparty shall only be carried out by the Photographer after the Counterparty’s agreement to a separate quotation for additional costs.<\/p>\n 5.5 \u00a0 In the event of cancellation of an Assignment by the Counterparty at any time and for any reason whatsoever, the Photographer is entitled to the agreed fee, unless otherwise agred<\/p>\n 5.6 \u00a0 In the event of cancellation by a private Counterparty who is not acting in the exercise of a profession or business, the latter owes the Photographer the costs already incurred and work already performed.<\/p>\n 6. Force Majeure<\/strong><\/p>\n 6.1 \u00a0 The Photographer is not liable for the failure or delay in fulfilling his obligations as a result of force majeure.<\/p>\n 6.2 \u00a0 Force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, over which the Photographer cannot exercise influence and which render him unable to fulfill his obligations, including in any case, but not exclusively, illness and temporary and permanent incapacity for work, traffic congestion and delays, fire, and theft.<\/p>\n 6.3 \u00a0 Force majeure is also understood to mean technical defects, including but not limited to malfunctions at hosting providers, power outages, or failures of third-party software, insofar as these occur despite demonstrably careful technical maintenance and adequate precautionary measures.<\/p>\n 6.4 \u00a0 In the event of force majeure, the Photographer has the right, in consultation with the Counterparty, to have himself replaced by a fellow Photographer. This replacement is designated by the Photographer.<\/p>\n 7. Copyright<\/strong><\/p>\n The copyright in the Photographic Works rests with the Photographer.<\/p>\n 8. Licence \/ Use of the Work<\/strong><\/p>\n 8.1 \u00a0 Permission for Use of a Photographic Work by the Counterparty is granted exclusively in writing and in advance in the form of a License as described in nature and scope by the Photographer in the quotation and\/or the order confirmation and\/or the related invoice.<\/p>\n 8.2 \u00a0 If nothing has been stipulated regarding the scope of the License, it shall never encompass more than the right to one-time use, in unaltered form, for a purpose, circulation, duration, and manner as intended by the parties upon entering into the agreement, in accordance with the Photographer’s understanding.<\/p>\n 8.3 \u00a0 An exclusive License does not affect use by the Photographer for his own portfolio and promotional publications for the benefit of his own practice.<\/p>\n 8.4 \u00a0 The Counterparty is not permitted to transfer the License described in this article to third parties, except with the prior written consent of the Photographer. 8.5 Unless otherwise agreed, the Counterparty is not authorized to grant sub-licenses to third parties.<\/p>\n 9. Infringement of Copyright <\/strong><\/p>\n 9.1 \u00a0 Any Use of a Photographic Work that has not been agreed upon shall constitute an infringement of the Photographer’s copyright.<\/p>\n 9.2 \u00a0 Making the Photographic Work available to third parties for any application whatsoever without the Photographer’s permission is equated with Use within the meaning of this article.<\/p>\n 9.3 \u00a0 In the event of infringement, the Photographer is entitled to compensation amounting to three times the license fee customarily charged by the Photographer for such a form of use, without losing any right to compensation for other damages suffered, including the right to compensation for all direct and indirect damages and all actual judicial and extrajudicial costs incurred.<\/p>\n 10. Reference to name and Personality Rights<\/strong><\/p>\n 10.1 The name of the Photographer must be clearly legible with every Use of the Work.<\/p>\n 10.2 With every Use, the Counterparty shall respect the Photographer’s moral rights in accordance with Art. 25, paragraph 1 of the Copyright Act.<\/p>\n 10.3 For every infringement of the moral rights, including the right to attribution, the Counterparty shall owe compensation of at least 100% of the license fee customarily charged by the Photographer, without losing any right to compensation for other damages suffered, including the right to compensation for all direct and indirect damages and all actual judicial and extrajudicial costs incurred.<\/p>\n 11. Liability and rights of third parties<\/strong><\/p>\n 11.1 Without prejudice to the provisions of Art. 6, the Photographer’s liability is limited to the amount actually paid out under the Photographer’s insurance.<\/p>\n 11.2 If and to the extent that the damage \u2013 for whatever reason \u2013 is not insured or covered, the Photographer’s liability is limited to compensation for direct damage, up to a maximum of the amount of the Photographer’s invoice relating to the performance in which the damage occurred.<\/p>\n 11.3 Without prejudice to the provisions of the two preceding paragraphs, in all other cases the Photographer’s liability is limited to an amount of \u20ac 10.000,- (ten thousand euros).<\/p>\n 11.4 The limitations of liability contained in this Art. also apply to third parties engaged by the Photographer in the execution of the Assignment, but do not apply in the event of intent or gross negligence on the part of the Photographer.<\/p>\n 11.5 The Photographer is not liable to the Counterparty for claims by third parties, including fines, arising from the Use of the Work, unless there is gross negligence or intent on the part of the Photographer. The Counterparty indemnifies the Photographer in this regard and holds him harmless.<\/p>\n 12. Artificial Intelligence<\/strong><\/p>\n 12.1 The Counterparty is not permitted to use the Photographic Work as input in an AI application.<\/p>\n 12.2 The Counterparty is not permitted to generate image(s) by means of an AI application using prompts containing the name, works, or style of the Photographer.<\/p>\n 13. Bankruptcy\/Suspension of Payments<\/strong><\/p>\n 13.1 Both the Photographer and the Counterparty have the right to dissolve the agreement with immediate effect, without retroactive effect, if the other party is granted a suspension of payments or is declared bankrupt, without prejudice to the obligation to pay for services already rendered and overdue invoices.<\/p>\n 13.2 In the event of the Counterparty’s bankruptcy, the Photographer furthermore has the right to terminate the granted License with immediate effect, but not retroactively.<\/p>\n 14. Complaints, forfeiture of rights<\/strong><\/p>\n 14.1 Complaints regarding the work performed or the Work delivered must be reported to the Photographer in writing and with reasons by the Counterparty within 14 days after delivery, or within 14 days after the defect should reasonably have been discovered.<\/p>\n 14.2 To the extent that performance is not permanently impossible, the Photographer has the right to still address the complaints referred to in the previous paragraph within a reasonable period.<\/p>\n 14.3 In the absence of timely notification, any claim of the Counterparty in this regard shall lapse, regardless of whether the Counterparty has suffered any disadvantage as a result. Claims arising from a timely reported complaint must be brought before the court within one year after the complaint, on pain of forfeiture.<\/p>\n 15. Choice of Law and Forum<\/strong><\/p>\n 15.1 All cases to which these General Terms and Conditions apply shall be governed by Dutch law.<\/p>\n 15.2 Disputes between the Photographer and the Counterparty shall be submitted to the competent court in the Netherlands.<\/p>\n <\/p>\n DuPho.<\/strong> | Dutch Professional Photographers \u00a9 DuPho. August 2026<\/p>\n These General Terms and Conditions have been filed with the District Court of Amsterdam under filing number: 28\/2026<\/p>\n<\/div><\/div><\/div><\/div><\/div><\/p>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"100-width.php","meta":{"_monsterinsights_skip_tracking":false,"footnotes":""},"class_list":["post-10442","page","type-page","status-publish","hentry"],"yoast_head":"\n
\nGeneral Terms and Conditions: the present General Terms and Conditions of DuPho.
\nAw: Copyright Act.
\nPhotographer: the user of these general terms and conditions within the meaning of Art. 6:231 BW.
\nPhotographic Work\/Work: the photographic work as created by the Photographer, as referred to in Art. 10 paragraph 1 sub 9 Aw, or other works within the meaning of the Aw which can be equated with the said photographic works.
\nUse: reproduction and\/or publication of the Photographic Work within the meaning of Art. 1 jo. Articles 12 and 13 of the Copyright Act.
\nLicense: right to Use of the Photographic Work.
\nAssignment: contract for services within the meaning of Art. 7:400 of the Dutch Civil Code, concluded between the Counterparty as client and the Photographer as contractor.
\nCounterparty: the counterparty within the meaning of Art. 6:231 of the Dutch Civil Code, being the contracting party of the Photographer.
\nWhere the masculine form is used in these general terms and conditions, the feminine form is also understood to be included.<\/p>\n
\nPiet Heinkade 181-G
\n1019 HC Amsterdam<\/p>\n