GENERAL TERMS AND CONDITIONS
_________________________________
___________________________________
‘Terms & conditions ‘drawn up on August 21, 2023 ‘
Clause 1. Definitions
o We or us: The Campaign Trip, established in Kampen, Chamber of Commerce no. 71985735.
o Customer: Customer which we have entered into an agreement with, as defined by Book 6, Article 231 of the Dutch
Civil Code.
o Parties: we and customer together.
o Aw: Auteurswet 1912 [Dutch Copyright Act of 1912]
o Photographic Work: photographic works as referred to in Article 10 section 1 subsection 9 Aw, or other works
covered by the Aw that can be equated with the said photographic works.
o Products: the products (items) Customer send to us.
o Usage: copying and/or publication as defined by Article 1 in conjunction with Articles 12 and 13 of the Aw. 2.
Clause 2. Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services
or products by or on behalf of us.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. Parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of
Customer or third parties.
Clause 3. Offers, quotations & acceptance.
1. Offers and quotations are without engagement, unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum period of 2 weeks from its date unless another acceptance period is
stated.
3. The offer of quotation will lapse if Customer does not accept an offer or quotation within the applicable period.
4. Offers and quotations do not apply to repeated orders unless Parties have agreed upon this explicitly and in writing.
5. Upon acceptance of a quotation or offer without engagement, we reserve the right to withdraw the quotation or
offer within 3 days after receipt of the acceptance, without any obligations towards Customer.
6. Verbal acceptance of Customer only commits us after Customer has confirmed this in writing (or electronically).
Clause 4. Prices
1. All prices are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and
travel-, shipping- or transport expenses for the Products, unless expressly stated otherwise or agreed otherwise.
2. We are entitled to adjust all prices at any time. We will communicate price adjustments to Customer prior to the
moment the price increase becomes effective.
3. Parties agree on a total price for a service provided by us. This is always a target price, unless Parties have explicitly
agreed upon in writing on a fixed price, which cannot be deviated from.
4. We are entitled to deviate up to 10% of the target price. If the target price exceeds 10%, we let Customer know in
time why a higher price is justified. If the target price exceeds 10%, Customer has the right to cancel the part of the
order that exceeds the target price by 10%.
Clause 5. Payments, payment term, consequences of overdue payment
1. For customers located in the Netherlands, we invoice 50% in advance and 50% afterwards. For customers located
outside the Netherlands, we invoice 100% in advance.
2. Customer must have paid the full amount within 14 days, after delivery.
3. Payment terms are considered as fatal payment terms. This means that if the agreed amount is not paid at the latest
on the last day of the payment term, Customer is legally in default, without us having to send a reminder or to put
Customer in default.
4. We reserve the right to make a final delivery conditional upon immediate payment or to require adequate security
for the total amount of the services or Photographic work.
5. If Customer does not pay within the agreed term, we are entitled to charge an interest of 8% per month for
commercial transactions from the day Customer is in default, whereby a part is counted for a whole month.
6. When Customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any
compensation to us.
7. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
8. If Customer does not pay on time, we may suspend its obligations until Customer has met his payment obligation.
9. In the event of liquidation, bankruptcy, attachment, or suspension of payment on behalf of Customer, our claims on
Customer are immediately due and payable.
10. If Customer refuses to cooperate with the performance of the agreement, Customer is still obliged to pay the agreed
amount.
GENERAL TERMS AND CONDITIONS
_________________________________
___________________________________
‘Terms & conditions ‘drawn up on August 21, 2023 ‘
11. The invoice must be paid in full before the photographs can be used by Customer.
12. Customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
13. Customer waives his right to settle any debt to us with any claim on us.
Clause 6. Duty (to inform) by Customer.
1. Customer shall make available all information, data, and documents relevant to the correct execution of the
agreement to in time and in the desired format and manner. It is required Customer provides the styling itself unless
it has been agreed with us to do the styling for a fixed fee. By styling we mean “clothing or accessories around
Customers product.” Customers shall deliver a mood board and atmospheric images, along with some more
information about Customer and what Customer wants to radiate.
2. There is a risk the clothing does not fit our model. Therefore, Customer needs to stick to the deadline with sending
the Products so we can see if the Products fit our model, otherwise we cannot guarantee quality.
3. You will provide us with labels to return the Products back to you.
4. Customer guarantees the correctness, completeness and reliability of the information, data and documents made
available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
5. If and as far as Customer requests this, all relevant Products will be returned at expense of Customer.
6. If Customer does not timely and properly provides the information, data or documents reasonably required by us and
the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be
charged to Customer and Customer explicitly agrees with this.
Clause 7. Guarantee & performance of the agreement.
1. Our services only contain best-effort obligations for us, not obligations of results.
2. We execute the agreement to our best knowledge and ability and in accordance with the requirements of good
workmanship.
3. We have the right to have the agreed services (partially) performed by third parties.
4. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the
possibly agreed advance by Customer.
5. It is the responsibility of Customer that we can start the implementation of the agreement on time.
6. If Customer has not ensured that we can start the implementation of the agreement in time, the resulting additional
costs and/or extra hours will be charged to Customer.
7. We are entitled to conduct every part of the commission contract not explicitly described according to our own
technical and creative judgment.
Clause 8. Delivery
1. Digital files containing Photographic Works shall be delivered following proper consultation and, in a manner, agreed
between both parties and are at the risk of Customer from the moment they are sent.
2. In case no delivery time or date has been agreed, we shall decide a reasonable period ourselves.
3. If we agree to fix the delivery at an earlier date, we will agree upon a fixed price per photograph.
4. Every delivery, including the delivery of any part of a commission, may be invoiced separately if any part of a
commission can be valued separately if not explicitly agreed upon otherwise.
5. Digital files of Photographic Works submitted on approval which are not used should be erased or destroyed by
Customer within ten working days after they were received.
6. In the event that digital files containing Photographic Works are retained beyond the agreed period, Customer shall
compensate us for the damage we have suffered as a result.
7. We will make a pre-selection and the Photographic works will be often send between 1-2 weeks. After Customer has
passed on the selection, the Photographic works will be delivered edited in high resolution within about two weeks.
One revision round is included. If Customer does not meet the deadline for submitting the selection, Customer may
receive all (or part of) the Photographs later than the agreed deadline.
8. The agreed delivery term is only a target, unless expressly agreed otherwise in writing. We are obliged to inform
Customer immediately as soon as it becomes clear that timely delivery is not possible.
9. In the event that the agreed term is attributably exceeded, Customer is entitled to unilaterally dissolve the
agreement, if the execution can no longer reasonably be waited for.
10. Additional Photographic Works cannot be requested anymore 3 months after the shoot has taken place.
GENERAL TERMS AND CONDITIONS
_________________________________
___________________________________
‘Terms & conditions ‘drawn up on August 21, 2023 ‘
Clause 9. Insurance
1. Customer undertakes to insure and keep insured the Products adequately against fire, explosion, and water damage,
as well as theft as well as an adequate transport insurance.
2. At our first request, Customer provides the policy for these insurances for inspection.
Clause 10. Copyright & License
1. We own Copyright of the Photographic Works.
2. Use by Customer of a Photographic Work requires prior written consent in the form of a licence the nature and scope
of which is described by us in the offer and/or the confirmation of the commission and/or the relevant invoice.
3. If the scope of the licence is not specified, it shall not extend beyond the right to one sole use, in original form and
for a purpose, circulation and method as intended by the parties at the time they enter into the agreement, in
accordance with the interpretation of us.
4. In the absence of a specifically agreed method of publication and/or described purpose and/or described circulation,
the only authority deemed to have been conferred is that which is included in the licence as standard or which, given
the nature and scope of the agreement, necessarily follows from this.
5. If we have given permission for image manipulation, electronically or otherwise, the result may only be used once
explicit written consent has been obtained.
6. Upon publication of a Photographic Work Customer should immediately and free of charge provide us with a
complimentary copy of the publication.
7. Customer shall not make any copies of the Photographic Works – digital or otherwise – other than those that are
strictly required for the agreed usage on the Internet. At the completion of the agreed usage, Customer shall erase
or destroy the used (working) copy(ies) of the Photographic Works.
8. Customer shall provide us with unlimited access free of charge to each part of its website on which the Photographic
Work is reproduced. If special arrangements need to be made to achieve this, then Customer will ensure these are
made.
9. Unless otherwise agreed, Customer is not entitled to grant sub-licences to a third party.
10. Each unauthorized use of a Photographic Work is deemed to be an infringement of our copyright.
11. Any infringement entitles us to claim compensation of at least three times the licence fee usually charged by us for
such type of use, without losing any right to claim compensation of other damages (including the right to
compensation of all direct and indirect damages and all judicial and extra-judicial costs actually incurred).
Clause 11. Moral rights
1. Customer shall always respect our moral rights in accordance with Article 25 (1)(c) and (d) Aw when reproducing or
publishing a Photographic Work.
2. Our name should be clearly credited alongside the Photographic Work used or included elsewhere in the publication
with reference to the Photographic Work, and/or reproducing the Photo or at least not to remove the watermark.
3. If Customer has obtained written consent to reproduce in whatever form the Photographic Work, it shall ensure that
our name accompanies these reproductions.
4. In the case of digital/electronic copies, Customer shall also ensure that the entire metadata that was included in the
digital file by us – information according to the EXIF, IPTC, XMP and ICC standards - shall be preserved.
5. Failure to comply with this condition entitles us to claim compensation of at least 100% of the licence fee usually
charged by us for such a type of use, without losing any right to claim compensation of other damages (including the
right to compensation for all direct and indirect damages and all judicial and extra-judicial costs actually incurred).
Clause 12. Third party rights
1. If Customer publishes a Photographic Work, it is solely responsible for obtaining the consent of those persons
depicted and/or other legally entitled parties.
2. Customer indemnifies us from all claims relating to the same.
3. We are obliged to cooperate in tracing the persons referred to in this article.
Clause 13 Confidentiality
1. Customer keeps any information he receives (in whatever form) confidential. The same applies to all other
information of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect
that its disclosure may cause damage to us. Customer takes all necessary measures to ensure that he keeps the
information referred to in this paragraphs secret.
2. The obligation of secrecy described in this article does not apply to information:
o which was already made public before Customer heard this information or which later became public without being
the result of a violation of Customer's duty to confidentiality;
GENERAL TERMS AND CONDITIONS
_________________________________
___________________________________
‘Terms & conditions ‘drawn up on August 21, 2023 ‘
o which is made public by Customer due to a legal obligation.
3. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a
period of 3 years after the end thereof.
4. If Customer violates this article, then he forfeits on behalf of us an immediately due and payable fine € 5.000 for each
violation and in addition an amount of 5% of the aforementioned amount for each day that this violation
continues. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred
to in this article. The forfeiture of the fine referred to in the first paragraph of this article shall not affect our other
rights including its right to claim compensation in addition to the fine.
Clause 14. Complaints
1. Customer must examine a product or service provided by us as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what Customer could reasonably expect from the agreement,
Customer must inform us as soon as possible, but in any case, within 1 month after the discovery of the
shortcomings.
3. Customer gives a detailed description as possible of the shortcomings, so that we are able to respond adequately.
4. If a complaint relates to ongoing work, this can in any case not lead to us being forced to perform other work than
has been agreed.
5. Customer must provide any notice of default to us in writing. It is the responsibility of Customer that a notice of
default actually reaches us (in time).
Clause 15. Liabiliaty
1. We are only liable for any damage Customer suffers if and as far as this damage is caused by willful intent or gross
negligence.
2. If we are liable for any damage, it is only liable for direct damages that results from or is related to the execution of
the agreement.
3. We are never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third
parties.
4. If we are liable, our liability is limited to the amount paid by a closed (professional) liability insurance and in the
absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part
of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and approximate
and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any
obligation.
6. Customer indemnifies us against all third-party claims that are related to the products and/or services supplied by us.
7. Every right of Customer to compensation from us shall, in any case, expire within 12 months after the event from
which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
Clause 16. Dissolution
1. Customer has the right to dissolve the agreement if we imputably fail in the fulfillment of his obligations unless this
shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by us is not permanent or temporarily impossible, dissolution can only take place
after we are in default.
3. We have the right to dissolve the agreement with Customer, if Customer does not fully or timely fulfill his obligations
under the agreement, or if circumstances give us good grounds to fear that Customer will not be able to fulfill his
obligations properly.
Clause 17. Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of us in the fulfillment of any obligation
to Customer cannot be attributed to us in any situation independent of the will of us, when the fulfillment of its
obligations towards Customer is prevented in whole or in part or when the fulfillment of its obligations cannot
reasonably be required from us .
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such
as civil war, insurrection, riots, natural disasters, etc.); bad weather conditions, broken camera, defaults and force
majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet,
computer or telecoms; computer viruses, strikes or delays, government measures, lost baggage, unforeseen
transport problems, bad weather conditions and work stoppages.
GENERAL TERMS AND CONDITIONS
_________________________________
___________________________________
‘Terms & conditions ‘drawn up on August 21, 2023 ‘
3. If a situation of force majeure arises as a result of which we cannot fulfill one or more obligations towards Customer,
these obligations will be suspended until we can comply with it (harsh weather conditions and there is no indoor
location).
4. From the moment that a force majeure situation has lasted at least ninety calendar days, both parties may dissolve
the agreement in writing in whole or in part.
5. We do not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages
as a result of the force majeure situation.
Clause 18. Modification of the agreement and terms & conditions
1. If, after the conclusion of the agreement and before its implementation, it appears necessary to change or
supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
2. We are entitled to amend or supplement these general terms and conditions.
3. Changes of minor importance can be made at any time.
4. Major changes in content will be discussed by us with Customer in advance insofar possible.
Clause 19. Transfer of rights
1. Customer cannot transfer its rights deferring from an agreement to third parties without prior written consent.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Clause 20. Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other
provisions of these terms and conditions. A provision that is null or annullable shall, in that case, be replaced by a
provision that comes closest to what we had in mind when drafting the conditions on that issue.
Clause 21. Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court Overijssel located in Zwolle is exclusively competent in case of any disputes between Parties unless
the law prescribes otherwise.