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OLA LAB Terms and conditions

In these general terms and conditions, the following definitions apply:

Article 1. Definitions

Quotation: all offers from photographer to (legal) persons with which the purpose is to enter into an agreement.
Agreement: the agreement of assignment between Photographer and Client
Assignment: the service or product that will be provided by the photographer.
Service provider: OLA LAB Chamber of Commerce 91474477 , also user of these general terms and conditions and contractor.
Client: the (legal) person or persons with whom the service provider has concluded the agreement, also the acceptor of these general terms and conditions.
Cancellation: termination or termination of the agreement.
In writing: electronic communication such as e-mail, provided that the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof regarding receipt of electronic communications lies at all times with the client.
Use: multiply and/or make public within the meaning of the Copyright Act 1912
Aw: Copyright Act 1912

Article 2. Application

  1. These general terms and conditions apply to all legal relationships between photographer and client, as well as to all quotations, offers and agreements.
  2. Provisions or conditions set by the client that deviate from, or do not appear in, these general terms and conditions are only binding on photographer if and to the extent that they have been expressly accepted by photographer in writing.

Article 3. Offer

  1. The client can choose directly the package that he/she would like to book on the website. Extra's can be added on to the offer via the payement service Stripe. If the client does not wish to use Stripe as a payement method, and wishes to use the extra's, the client must contact OLA LAB per email to arrange the extras.
  2. Provisions or conditions set by the client that deviate from, or do not appear in, these general terms and conditions are only binding on service provider if and to the extent that they have been expressly accepted by service provider in writing.

Article 4. Acceptance of the assignment

  1. The client accepts the offer with the payement of the 15€ deposit. If the client fails to do so in 72 hours, the offer will be considered not accepted.
  2. The service provider reserves the right to refuse an assignment if new information becomes available after acceptance that makes execution unacceptable for service provider.
  3. After acceptance, the agreement can only be amended by mutual consent. In that case, service provider is entitled to adjust the price due for the agreement.

Article 5. Execution of the assignment

  1. The service provider will carry out the assignment to the best of his ability and in accordance with the requirements of good craftsmanship, in the style in which photographer usually works.
  2. The service provider makes an effort and will be able to act best in the given and existing circumstances during the photo shoot and/or report. The Client undertakes to make the circumstances for the service provider as favorable as possible and to take measures where necessary, including, but not limited to, instructing other attendees.
  3. The service provider delivers the images in the style she usually uses, applying a global image optimization to light, color, contrast and cutout, among other things. In doing so, the service provider will only take some post-processing to remove or reduce existing elements in the photo, including, but not limited to, getting rid of or reducing disturbing elements in the environment and things of a temporary nature. Post-processing outside this is only after consultation with the the service provider and may entail additional costs.
  4. The Client is obliged to do everything that is reasonably necessary and desirable to make the assignment possible in a timely and correct execution.

Article 6. Delivery

  1. The service provider will deliver the photos in 48 hours after the photo shooting. For an extra fee of € 30.- the photos are delivered in 24 hours max.
  2. The online presentation on Adobe Lightroom gallery will remain available for six months free of charge. This period can be extended on request.
  3. In the period in which the online presentation is available, the client has the possibility to order products from a OLA LAB.
  4. When ordering products via the online order module, an agreement is created between the client and a professional photo lab, to which a OLA LAB is not a party.
  5. OLA LAB reports products with a longer delivery time in advance. The estimated delivery time of these products will be communicated to the client by e-mail.
  6. Delivery is not made earlier than payment for the relevant service, files or product has been received.
  7. Delivery, unless otherwise agreed, will be made by regular mail.
  8. RAW files are not delivered (see also Article 13.9)

Article 7. Reimbursement

  1. If no compensation has been agreed by the parties, the remuneration customary by the service provider shall apply.
  2. If a usual fee cannot be spoken of, the service provider will charge a reasonable and equitable fee for the delivered.
  3. If it is plausible that service provider has incurred higher costs and/or performed additional work, which were reasonably necessary, service provider will pass this on to the client.
  4. The final compensation is based on the work performed and costs incurred on the basis of recalculation with the agreed hourly price and other commonly used prices.

Article 8. Payment terms

  1. Deposit Requirement: To confirm your booking and secure your chosen date and time, we require a non-refundable deposit of €15. This deposit will be deducted from the total cost of the photo shooting service.

  2. Payment Process:

    1. Booking Confirmation: Once you have selected your preferred date and time through our google online booking system, you will be prompted to pay the €15 deposit to secure your reservation in the Email of the booking.

    2. Balance Payment: The remaining balance is due on the day of the photo shooting session. An email with a payement link will be sent per email. We accept various payment methods (payement card Visa & Mastercard, bank transfer or cash) for your convenience. 

  3. All amounts mentioned by the service provider included VAT
  4. If an invoice is not paid before the day of the photo shooting, the service provider can, after the client has been notified of this, suspend all his work/the photo shooting session for the client until the amount of the invoice has been paid.
  5. If the client does not provide the necessary information for the execution of the assignment in time or fails to be present (in time), while this is necessary for the execution of the assignment, service provideris entitled to suspend or dissolve the agreement.
  6. Suspension or dissolution of the agreement is made in writing.
  7. If the confirmation of the assignment is dissolved within 48 hrs of the planned assignment by the client, the photographer will not refund the deposit of 15€.
  8. In the event of serious circumstances that make it impossible for the service provider to carry out the assignment himself on the agreed date, service provider will if possible agree on a new date.
  9. If, due to justifiable circumstances, including but not limited to illness and extreme weather conditions, it is impossible to carry out the assignment on the agreed date, a new date shall be agreed no more than three times in consultation.
  10. Payment obligation also applies if the client does not wish to make use of the work or products manufactured within the framework of the agreement.
  11. If an invoice is not paid within the payment term, the outstanding invoice amount is due to the statutory interest without further notice of default by the service provider.

Article 9. Complaints

  1. Complaints about the execution of the agreement and/or objections to an invoice must be submitted in writing to the service provider no later than 7 days after receipt of the photo files.
  2. Complaints after the period referred to in paragraph 1 will no longer be dealt with.
  3. Submitted complaints or objections do not suspend the payment obligation

Article 10. Copyright

  1. Each agreement also includes the license described in this article with respect to the photographic work of the service provider unless otherwise agreed.
  2. The copyright as well as other intellectual property rights in all works developed in the context of the assignment rest with the service provider.
  3. the service provider reserves the right to use the works for its own promotional purposes and publications, including, but not limited to, website and weblog, portfolio, advertisements, social media, magazine articles, in printed matter, exhibition material and demonstration material. However, never without the express permission of the client.
  4. The Client is not entitled to reproduce the work, unless otherwise agreed.
  5. The Client is expressly not entitled to use or trade the photos for business or commercial purposes, at least for other purposes outside the domestic circle, without the prior permission of the photographer.
  6. Unless otherwise agreed, the Client is not authorized to grant sublicenses to third parties, nor to transfer its own license.
  7. The Client must request written permission to submit a photo for the purpose of competitions and publications by third parties.
  8. The client must observe the personality rights of the photographer/service provider, including the obligation of attribution, as stated in Article 25 Aw.
  9. Digital or analog editing or modification of the delivered works is not permitted without the prior written permission of the service provider.
  10. Any use of a work by the service provider OLA LAB which has not been agreed, is considered an infringement of the photographer's copyright.
  11. In the event of infringement of the copyright and/or personality rights of OLA LAB will charge three times the usual license fee for such a case, in compensation for the damage suffered.
  12. Compensation does not entitle you to further use the photographer's work.

Article 11. Portrait right

  1. OLA LAB reserves the right to use the works for its own promotional purposes and publications, including, but not limited to, website and weblog, portfolio, advertisements, social media, magazine articles, in printed matter, exhibition material, unless otherwise agreed. However, never without the express permission of the client. This is in accordance with the provisions of the AVG Act 2020.
  2. OLA LAB reserves the right to license the works to third parties for promotion. However, never without the express permission of the client.
  3. Objection to disclosure of portraits must be made known in writing to OLA LAB prior to the agreement. Permission for publication of works is also recorded by both parties in a written declaration of portrait rights.
  4. Deviating agreements are also recorded in writing.
  5. With the assignment, the client automatically authorises OLA LAB to store the digital files on any medium. All stored files will not be accessible to third parties after expiry of the online photo gallery of Adobe Lightroom and will be stored under the most secure conditions. This entirely in accordance with the provisions of the GDPR legislation 2020.

Article 12. Liability

  1. OLA LAB is not liable for any damage caused to the client, unless there is intent or gross negligence on the part of the service provider or his representatives.
  2. OLA LAB is not liable for color deviations on non-calibrated displays or prints not provided by the service provider
  3. Liability is limited to the amount of the invoice amount.

Article 13. Changes to these terms and conditions

  1. The service provider reserves the right to amend or supplement these terms and conditions.
  2. Changes will be communicated to the client in a timely manner and in writing by the service provider .
  3. If the client does not want to accept a proposed change, he can terminate the agreement by this date until the date on which the new general terms and conditions become effective.

Article 14. Other provisions

  1. If a provision from the agreement and/or the general terms and conditions is found to be void or voidable, the remaining provisions and the agreement shall remain in force.
  2. Dutch law applies to all legal relations between OLA LAB and the client.

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