Martijn Heemstra Photography

Version: 26 October 2026

Article 1 – Definitions

1. Photographer: Martijn Heemstra, trading as Martijn Heemstra Photography.
2. Client: any natural person or legal entity commissioning work from the Photographer.
3. Assignment: any agreement for the creation, editing, delivery or licensing of photographs, videos, drone footage and related services.
4. Visual Material: all photographs, videos, drone footage and other visual productions created or edited by the Photographer.

Article 2 – Applicability

1. These Terms and Conditions apply to all quotations, assignments, agreements and deliveries by Martijn Heemstra Photography, unless otherwise agreed in writing.
2. Deviations from these Terms and Conditions are valid only if agreed in writing in advance.
3. In the event of a conflict between these Terms and Conditions and a written quotation or assignment confirmation, the specific provisions agreed in the quotation or assignment confirmation shall prevail.
4. The Client shall be given the opportunity to read and save these Terms and Conditions before or when entering into the agreement.

Article 3 – Quotations and Assignments

1. Quotations are non-binding unless expressly stated otherwise.
2. An assignment is established when the Client accepts the quotation in writing or electronically, or requests that the Photographer commence work and the Photographer agrees to do so.
3. Where applicable, the quotation specifies the services, rates, estimated costs, any travel and other expenses, and the agreed terms governing the use of the Visual Material.
4. Additional work not included in the original assignment may be charged separately.

Article 4 – Rates, Minimum Booking and Billing

1. All rates are exclusive of VAT unless expressly stated otherwise.
2. A minimum booking of one hour applies to photography, video and drone services performed on location, unless otherwise agreed in writing. Even if the work performed on location takes less than one hour, a minimum of one hour will be charged.
3. After the first hour, the actual time spent working will be charged at the agreed hourly rate, subject to any agreed rules for rounding working time.
4. A quotation is an estimate of the expected costs based on the information available at the time and the anticipated scope of work. The final costs may differ if the work actually required, the time spent or the scope of the assignment differs from the original estimate.
5. Invoices are based on the services actually performed and the actual time spent, subject to the agreed rates and minimum booking. Any additional work and ancillary expenses agreed in advance will be charged separately.
6. If, during the assignment, it becomes apparent that the work is likely to require substantially more time or incur higher costs than estimated in the quotation, the Photographer will inform the Client as soon as reasonably possible.
7. Travel time, travel expenses, parking fees, permits, location fees, equipment rental and other necessary expenses may be charged separately where agreed in advance or specified in the quotation.
8. Post-production, image selection, editing, file conversion and other services will be charged in accordance with the quotation or the rates agreed in advance.
9. For assignments agreed at a fixed project fee, the agreed project fee applies unless additional work is agreed.

Article 5 – Performance of the Assignment

1. The Photographer will perform the assignment to the best of their professional knowledge, skill and judgement.
2. The Client shall ensure that the Photographer has timely access to the location and receives the necessary information, cooperation and permissions.
3. The Client is responsible for arranging access to buildings and sites and for informing relevant individuals about planned photography or filming, insofar as this falls within the Client's responsibility.
4. Safety regulations applicable to the relevant location must be followed when working on construction sites and other hazardous locations. The Photographer may refuse or suspend work if safety cannot be adequately ensured.
5. Drone flights are subject to applicable laws and regulations, weather conditions, airspace restrictions, safety requirements and any necessary permissions. The Photographer cannot guarantee that every requested drone shot can be carried out under all circumstances.
6. If circumstances beyond the Photographer's control prevent the assignment from being carried out as planned, the parties will discuss an appropriate solution. Any additional costs will be discussed in advance.

Article 6 – Cancellation and Rescheduling

1. Cancellations or requests to reschedule an assignment must be communicated in writing as soon as possible.
2. In the event of cancellation, the Photographer may charge reasonable, demonstrable costs already incurred for the assignment, such as preparation costs, reservations and unavoidable external expenses.
3. Any work already performed will be charged.
4. For cancellations at short notice, compensation for reserved time and demonstrable loss of income may be payable, depending on the circumstances and the agreements made. Where possible, the amount will be specified in the quotation in advance and must be reasonable.
5. For weather-dependent work, including drone photography, a new date may be agreed by mutual consent.

Article 7 – Selection, Post-Production and Delivery

1. The Photographer determines which images are selected and delivered based on professional quality and the nature of the assignment, unless otherwise agreed in advance.
2. The Photographer will edit the images in accordance with their professional working methods and the agreed assignment.
3. RAW files, unedited files, source files and project files are not included in delivery unless otherwise agreed in writing.
4. Delivery will be made digitally or by another mutually agreed method.
5. Any stated delivery date is an estimate unless a binding deadline has expressly been agreed.
6. The Photographer does not retain delivered files indefinitely. The Client is responsible for downloading and securely storing the delivered material in a timely manner.

Article 8 – Copyright and Usage Rights

1. Copyright in all photographs, videos, drone footage and other works created by the Photographer remains with the Photographer, unless expressly agreed otherwise in writing.
2. Payment for an assignment or receipt of Visual Material does not transfer copyright to the Client.
3. The Client receives only a licence to use the Visual Material for the purposes and within the scope agreed in writing.
4. The licence is non-exclusive and non-transferable unless otherwise agreed in writing.
5. The Photographer retains the right to protect their work against unauthorised use and to require permission for any use outside the agreed licence.

Article 9 – Use of Visual Material and Prohibition on Sharing with Third Parties

1. The Client may use the delivered Visual Material only for the purpose, organisation, publication channels and other usage rights agreed with the Photographer in advance.
2. The Client may not provide, forward, make available, license or sell photographs, videos or other Visual Material to any third party without the Photographer's prior written consent. This prohibition applies to both free and paid transfers.
3. Third parties include, but are not limited to, other companies, clients, contractors, subcontractors, architects, suppliers, consultants, advertising agencies, media companies and any other organisations or individuals not expressly included in the agreed usage rights.
4. If multiple parties wish to use the same Visual Material, the intended use by each party must be discussed with the Photographer in advance. The Photographer may charge an additional licence fee.
5. The Visual Material may not be sold, resold, offered as stock material, commercially exploited or sublicensed to third parties without the Photographer's prior written consent.
6. The Visual Material may not be used for other projects, locations, clients, campaigns or commercial purposes beyond those for which permission was granted.
7. Sharing a publicly available webpage or social media post through the platform's standard sharing functions is permitted, provided that the original post and its context remain intact. Downloading, re-uploading or separately distributing the image file is not automatically covered by this permission.
8. If the Client wishes to allow multiple parties involved in a project to use the Visual Material, this must be disclosed to the Photographer in advance. The Photographer may adjust the usage rights and fees accordingly.

Article 10 – Attribution and Alterations

1. The Photographer's name must be credited when published where reasonably possible or where this has been agreed in writing.
2. The Visual Material may not be materially altered, heavily edited, filtered or otherwise manipulated without the Photographer's prior written consent, except for routine technical adjustments consistent with the agreed use.
3. Any existing credit or copyright notice must not be removed.
4. The Visual Material may not be used in a manner that misrepresents the Photographer or their work.

Article 11 – Invoicing and Payment

1. Invoices must be paid within 14 days of the invoice date unless another payment term has been agreed in writing.
2. Any objections to an invoice must be submitted in writing, with reasons, within a reasonable period. This does not affect the obligation to pay any undisputed portion of the invoice.
3. In the event of late payment, statutory interest may be charged where permitted by law. Reasonable extrajudicial collection costs may also be charged in accordance with applicable law.
4. The Photographer may suspend delivery or further work while overdue invoices remain unpaid, insofar as permitted by law.
5. The licence to use the delivered Visual Material takes effect upon full payment of the relevant invoice, unless otherwise agreed in writing.

Article 12 – Liability

1. The Photographer will carry out the assignment with due care and professionalism but cannot guarantee that every requested image or specific situation can be captured.
2. The Photographer is not liable for an inability to carry out photography or filming due to circumstances beyond their reasonable control, such as weather conditions, access restrictions, safety requirements, technical failures or legal restrictions.
3. To the extent permitted by law, the Photographer's liability is limited to direct loss that is the direct result of a breach attributable to the Photographer.
4. To the extent permitted by law, liability is limited to the amount charged for the relevant part of the assignment, with an absolute maximum equal to the amount paid out under the applicable liability insurance, plus any applicable excess.
5. These limitations do not apply where liability cannot legally be excluded or limited.
6. The Client is responsible for backing up received files and complying with the agreed usage rights.

Article 13 – Force Majeure

1. Force majeure means any circumstance beyond the Photographer's reasonable control that temporarily or permanently prevents performance of the assignment.
2. Examples include extreme weather, illness, accidents, government measures, serious technical failures, power outages and unsafe conditions at a location.
3. In the event of force majeure, the parties will discuss postponement, partial performance or termination of the assignment. Work already performed and reasonable costs already incurred may be charged.

Article 14 – Complaints

1. Complaints regarding the performance of the assignment or the delivered files must be submitted in writing as soon as possible after the issue is discovered, with a clear description of the complaint.
2. The Client must give the Photographer a reasonable opportunity to assess the complaint and, where appropriate and feasible, offer a suitable solution.
3. A complaint does not automatically suspend the obligation to pay the undisputed portion of an invoice.

Article 15 – Privacy and Publication

1. The Photographer processes personal data necessary to perform assignments and handle related administration, in accordance with applicable privacy legislation.
2. The Client is responsible for obtaining permissions and meeting other legal obligations applicable to the commissioning and use of Visual Material, insofar as these responsibilities rest with the Client.
3. The Photographer may publish images for promotional purposes, for example on the website, in a portfolio or on social media, only to the extent permitted by applicable law and the agreements made with the Client and any individuals depicted.

Article 16 – Governing Law and Disputes

1. All agreements with Martijn Heemstra Photography are governed by Dutch law.
2. The parties will first attempt to resolve any disputes through mutual consultation.
3. If a dispute cannot be resolved amicably, it will be submitted to the competent court in accordance with applicable law.

Martijn Heemstra Photography

Website: martijnheemstra.nl

End of Terms and Conditions.