The following General Terms and Conditions of Malou von Baumhauer Photography apply to all products and/or services of Malou von Baumhauer Photography. By using the services of Malou von Baumhauer Photography as a client, you are deemed to have read and accepted these General Terms and Conditions.

1. Definitions
   1.1 The parties mentioned in these General Terms and Conditions are defined as the client (the person or persons wishing to enter into an agreement with Malou von Baumhauer Photography and who are also the recipients of the agreed products and/or services) and Malou von Baumhauer Photography as the contracted party.

2. Applicability
   2.1 These General Terms and Conditions apply to all legal relationships between Malou von Baumhauer Photography and the client, including offers, quotations, order confirmations, and verbal or written agreements, even after termination of an agreement, unless the parties have explicitly agreed otherwise in writing.
   2.2 These General Terms and Conditions also apply to third parties, such as second shooters, who are engaged by the photographer to perform the agreement.
   2.3 The photographer reserves the right to unilaterally amend the General Terms and Conditions. In such cases, the photographer will provide the client with the updated terms, with the latest version always prevailing. If the new version contains significant changes detrimental to the client, the client has the right to terminate the agreement.
   2.4 Any general terms and conditions of the client are expressly rejected.
   2.5 If one or more provisions of these terms are null and void or are annulled, the remaining provisions remain fully applicable.

3. Offer
   3.1 Quotation prices are entirely without obligation unless explicitly agreed otherwise.
   3.2 Malou von Baumhauer Photography reserves the right to revoke the offer up to two days after receipt of acceptance.
   3.3 All prices stated in the offer include VAT and exclude travel expenses within the Netherlands, unless otherwise agreed.
   3.4 Unless otherwise agreed, the offer expires 14 days after the date of dispatch by Malou von Baumhauer Photography.

4. Invoices and Payment
   4.1 The client must check the invoice for any errors and report these within 10 working days of the invoice date. After this period, the invoice is deemed binding.
   4.2 Upon acceptance of the offer, the client will receive an invoice of €500 (or as otherwise agreed) to reserve the date of the photo shoot. This amount must be paid within 14 days and will be deducted from the remaining amount, for which an invoice will be issued within one week after the shoot. This invoice must also be paid within 14 days.
   4.3 If Malou von Baumhauer Photography has not received payment within the stated term, the goods and services remain the property of Malou von Baumhauer Photography. The client will be in default and owe statutory interest increased by 2%. The images will only be delivered upon receipt of full payment.

5. Provision of Information
   5.1 The client must provide all necessary information for the execution of the agreement in a timely manner.
   5.2 The client guarantees the accuracy, completeness, and reliability of the provided information, including information provided by third parties.
   5.3 The photographer will handle client data confidentially.
   5.4 If the client provides incorrect or untimely information that results in the agreement not being fully or timely executed, any additional costs will be borne by the client.
   5.5 The client indemnifies the photographer against any damage resulting from non-compliance with this article

6. Cancellation
   6.1 The client may only cancel the assignment in writing.
   6.2 In case of cancellation, the following terms and amounts apply:

   • The deposit is non-refundable upon cancellation of the photo shoot/wedding shoot.

   • For cancellations within 4 weeks of the scheduled date, the deposit is non-refundable and 50% of the remaining agreed amount is due.

   • For cancellations within 2 weeks of the scheduled date, the deposit is non-refundable and 100% of the remaining agreed amount is due.
     6.3 In the event that Malou von Baumhauer Photography is unable to attend a wedding shoot due to unforeseen circumstances, a replacement photographer will be arranged if reasonably possible.
     6.4 In the case of a regular photo shoot where unforeseen circumstances prevent attendance, a new date will be scheduled in consultation with the client.
     6.5 In case of valid reasons preventing the photographer from performing a wedding shoot, no additional compensation will be owed to the client.
     6.6 In cases of force majeure, including government-imposed measures, a new date will be scheduled, and the assignment will be suspended.
     6.7 If rescheduling is not reasonably possible due to force majeure, the assignment will be terminated. Any incurred costs by Malou von Baumhauer Photography will be reimbursed by the client, provided proof of these costs is presented.

7. Assignment
   7.1 The photographer acts with full creative freedom and executes the agreement to the best of her abilities, taking into account client wishes and provided information. The photographer cannot be held responsible for not achieving the desired result.
   7.2 The client is aware of the photographer's standard photography and editing style.
   7.3 The photographer reserves the right to have the work carried out by third parties, such as a second shooter.
   7.4 The photographer cannot guarantee that every moment will be captured.
   7.5 The client must ensure optimal conditions for the photographer during the assignment.
   7.6 The photographer is not responsible for facial expressions in the photos.
   7.7 If the photographer experiences interference, such as other hired photographers or videographers, she is not liable for diminished results.
   7.8 Dissatisfaction due to foreseeable factors (e.g., clothing choice, weather, editing style) is no reason for a free reshoot.
   7.9 Late arrival by the client results in lost time.
   7.10 The client is responsible for applying and following advice provided by the photographer.
   7.11 The photographer does not accept assignments that conflict with the law or her professional standards.

8. Delivery
   8.1 Malou von Baumhauer Photography selects the delivered files.
   8.2 Unedited or RAW files will never be delivered. All images are carefully edited (lighting, color, contrast), which is an essential part of Malou von Baumhauer Photography’s work.
   8.3 Additional edits (e.g., modifying elements in the image) may be possible upon consultation and for an additional fee.
   8.4 Delivery takes place at the photographer’s address. Shipped photographic work is at the client’s risk from the moment of dispatch.
   8.5 Delivery periods are estimates and depend on suppliers. Delivery will take place within 6 weeks after the photo shoot/wedding date.
   8.6 After a wedding shoot, an initial album design will be created once the client has received the images (this does not apply to standard shoots that include a mini-album).
   8.7 The client may request two free revisions of the album design; any additional revisions will incur a fee of €50 per revision.
   8.8 Once the client approves the album design, the album will be ordered. Changes can no longer be made once the order is placed.
   8.9 After ordering, the album will be delivered within approximately 6 weeks. The client will be notified of any delays.
   8.10 Wedding albums will only be ordered and delivered after full payment.

9. Liability
   9.1 The photographer is not liable for damages arising from the agreement, unless caused by intent or gross negligence.
   9.2 The photographer is not responsible for damage resulting from incorrect or incomplete information provided by or on behalf of the client.
   9.3 The photographer is not liable for the actions of third parties and suppliers.
   9.4 The photographer is not liable for weather conditions shown in the photos. In case of extreme weather, the shoot may be rescheduled at the photographer’s discretion.
   9.5 The photographer is not responsible for theft of personal property during the shoot.
   9.6 The photographer is not responsible for color differences on uncalibrated screens or prints made by parties other than the photographer.
   9.7 The client is responsible for obtaining permission to conduct the shoot at a location, unless otherwise agreed.
   9.8 The client is responsible for obtaining consent from any other persons present to be photographed.
   9.9 The client must create a backup of the delivered content.
   9.10 The client is responsible for applying and following advice given by the photographer.
   9.11 If the client damages equipment made available by the photographer, compensation equal to the appraised value of the equipment will be owed.
   9.12 If compensation for direct damage is owed, it shall not exceed the amount paid by the liability insurer or, if no insurance applies, twice the agreed contract price, unless fairness and reasonableness dictate otherwise.
   9.13 The client indemnifies the photographer against claims from third parties resulting from services rendered.

10. Intellectual Property
    10.1 All content, advice, or other materials provided by the photographer remain her intellectual property. The client may not reproduce, publish, sell, or disclose content beyond the license granted, unless otherwise agreed.
    10.2 Making screenshots of unedited images from the photographer’s website, Instagram, or digital selection gallery is considered reproduction and publication and is not permitted.
    10.3 The client may not use the content outside the agreed purposes.
    10.4 For use outside the agreed purposes, a separate agreement must be made.
    10.5 Commercial use or sharing by third parties requires written permission, and the photographer’s name must be credited unless otherwise agreed. The photographer may charge an additional license fee for commercial use.
    10.6 Submitting content to contests is not allowed unless otherwise agreed.
    10.7 The client may not modify the content, including adding filters, text overlays, or adjusting light and color.
    10.8 Upon publication for agreed purposes, the client must credit the photographer. These provisions also apply to Time For Portfolio shoots.
    10.9 Any breach of this article constitutes an infringement of the photographer’s intellectual property rights and results in an immediately due compensation equal to three times the usual license fee, without prejudice to the right to full compensation for additional damages. The compensation will be communicated via written notice.
    10.10 The photographer may use created content for her portfolio, social media, or marketing purposes.

    • If no personal data is visible, the photographer may include the content in her portfolio unless the client objects in writing beforehand.

    • If personal data is visible, the photographer will request prior permission from the client using a consent form.

11. Special Provisions
    11.1 Both parties are obliged to maintain confidentiality regarding all confidential information obtained under the agreement. Information is deemed confidential if indicated as such or if its nature indicates so.
    11.2 The photographer reserves the right to cancel the shoot in the event of sexual harassment, bullying, or other inappropriate behavior by the client or other attendees. In such cases, no refund is owed.
    11.3 For assignments exceeding 4 hours, the client must provide a proper meal. For foreign assignments, a private room with a bathroom must also be provided.

12. Delivery (Final Provision)
    12.1 The photographer delivers the agreed content as soon as possible, within the estimated delivery period. The client receives the edited photos digitally in both high resolution and social media format.
    12.2 No rights can be derived from estimated delivery times.
    12.3 After delivery, the client is responsible for creating a backup.
    12.4 The making and editing of the photos are done according to the photographer’s own style and standards. The client acknowledges this style. Any additional requests will be charged as extra work.
    12.5 The photographer is not obliged to deliver unedited (RAW) files.
    12.6 The client receives an online gallery for photo selection and must make selections within 14 calendar days. Failure to do so results in forfeiture of selection rights, and the photographer will select and deliver the photos at her discretion without refunding any amount.
    12.7 Photo editing includes adjustments to lighting, color, and contrast. Retouching facial or body features is not included unless otherwise agreed and will be invoiced as additional work.

13. Complaints
    13.1 Complaints must be submitted in writing as soon as possible, but no later than 10 days after delivery.
    13.2 Malou von Baumhauer Photography works with a calibrated monitor for optimal color correction. Slight color differences on non-calibrated client screens are not grounds for complaint.
    13.3 Malou von Baumhauer Photography is not responsible for print color deviations if printing is done via third parties other than Profotonet (www.profotonet.nl).
    13.4 Complaints arising during the shoot (e.g., previews on the camera) must be communicated immediately for possible correction.
    13.5 Complaints submitted after this period may be rejected or may incur extra costs for handling.
    13.6 The photographer must be allowed the opportunity to correct any defects.
    13.7 Filing a complaint does not suspend payment obligations.

14. Dispute Resolution
    14.1 These General Terms and Conditions are governed by Dutch law.
    14.2 Any dispute arising from these General Terms and Conditions or the legal relationship between Malou von Baumhauer Photography and the client will be submitted to the competent court in the Netherlands.