GENERAL TERMS AND CONDITIONS OF SALE

1. Presentation
These general terms and conditions of sale (the « General Terms ») govern the relationship between Ms. Lucile Dizier, affiliated with the non-profit association Productions Associées, headquartered at rue Coenraets 71, 1060 Brussels, and registered with the Crossroads Bank for Enterprises under number 0896.755.397 (the « Photographer »), and the client (the « Client ») for the photography assignments entrusted by the Client to the Photographer (the “Assignment(s)”).
The Photographer and the Client are individually referred to as a “Party” and collectively as the “Parties”.

2. Assignments
2.1. The Photographer offers the Client photographic Assignments, including but not limited to private event coverage or professional photo shoots for social media use, online publication or print press. Assignments also include post-production and editing, and the digital delivery of images via an online transfer platform.
2.2. The exact content of each Assignment is defined in mutual agreement with the Client in a service proposal (the “Service Proposal”) or in any written exchange between the Parties. The Service Proposal remains valid for seven days following its delivery to the Client.

3. Formation of the Contract
3.1. The Photographer provides the Client with a Service Proposal based on her understanding of the Client’s needs. The Service Proposal may be shared in any format or channel of the Photographer’s choosing. Any communication regarding the Assignment and its pricing, regardless of the medium, shall be considered part of the Service Proposal and subject to these General Terms.
3.2. The Service Proposal becomes binding only once the Client accepts its entirety, provides the requested information, and, where applicable, pays the agreed deposit. The Client confirms acceptance of the Service Proposal by any communication indicating agreement.
3.3. By accepting the Service Proposal, a service agreement (the “Agreement”) is formed, replacing all prior arrangements between the Parties. The Client agrees to the application of these General Terms and those of Productions Associées, which are also provided. The Client waives the application of any contradictory clauses from their own general terms or contractual documents. In case of conflict between the General Terms and those of Productions Associées, the latter shall prevail.
3.4. All publicly displayed pricing and service features (e.g. on the Photographer’s website, social media, or brochures) are indicative only. Only the prices and specifications outlined in the Service Proposal relating to the specific Assignment bind the Photographer. Likewise, the Client cannot claim discounts or offers made to third parties.

4. Relationship Between the Parties
4.1. The Photographer retains full flexibility in organising and performing the agreed Assignment, in line with the Client’s objectives. The artistic content of the photographs is at the Photographer’s discretion, although she will take the Client’s input into account.
4.2. The Photographer delivers images edited according to her artistic standards and will not provide raw files. Post-processing is part of the Photographer’s creative process and style. She alone decides the post-production applied.
4.3. Each Party agrees to comply with all legal obligations, including VAT registration, registration with the Crossroads Bank for Enterprises, and payment of applicable taxes, including potential withholding tax on copyright fees.

5. Cancellation or Rescheduling
Requests to cancel or reschedule must be made in writing (email or letter) as soon as possible.
– More than 15 days before the scheduled date: no charge, unless specific costs have already been incurred (reservations, purchases, styling, etc.).
– Between 15 and 7 days before: 30% of the total fee is due as compensation.
– Between 7 and 2 days before: 50% of the total fee is due.
– Less than 48 hours or no-show: the full fee is due.
In all cases, the deposit is non-refundable and covers preparation, communication, time slot reservation, and other organisational efforts.
In cases of duly justified force majeure (e.g. hospitalisation, bereavement, extreme weather), a rescheduling solution may be offered at the Photographer’s discretion.

6. Employees, Freelancers and Subcontractors
Unless otherwise agreed, the Photographer may engage qualified employees, freelancers, or subcontractors to assist or carry out all or part of the Assignment, especially in case of force majeure. The cost will be communicated in advance for approval.

7. Pricing
7.1. In exchange for the Assignment, the Client pays the fee specified in the accepted Service Proposal or exchanged documents, according to the agreed payment schedule.
7.2. Unless otherwise agreed, the price includes the shoot, post-production, delivery of a selection of edited photographs via an online gallery, and the Client’s choice of a maximum number of images as agreed. Any additional retouching requested by the Client is at the Photographer’s discretion and may be billed according to her current rates. Additional images will also be invoiced.
7.3. If the Client has not selected images within 15 days of receiving the online gallery, the Photographer will select the final images. Final files will be delivered in JPEG format within three weeks of selection.
File formats will be as agreed:
– Web resolution: longest side 1200px, sRGB profile
– Print resolution: Adobe RGB profile
– Any custom export agreed between the Parties
7.4. From the third export onward, the Photographer may charge for additional labour. Any expenses incurred on behalf of the Client will be invoiced at cost, with supporting documentation. Except in urgent cases, the Photographer will request written approval before incurring costs.

8. Payment and Invoicing
8.1. The Photographer reserves the right to request a deposit before or during the Assignment, which may be a condition for proceeding.
8.2. Unless otherwise stated, invoices must be paid within 30 days of issuance.
8.3. Late payments will incur default interest of 8.5% per annum and a fixed compensation of 10% of the outstanding amount, with a minimum of €150, automatically and without prior notice.
8.4. For consumers, the first payment reminder is free and acts as a formal notice. If payment is not made within 14 days, late fees apply as per Belgian law (Act of 2 August 2002):
a) €20 if the amount due is ≤ €150
b) €30 + 10% of the amount between €150.01 and €500
c) €65 + 5% of the amount above €500, capped at €2,000
8.5. The Photographer may suspend work, including delivery of images, in case of non-payment, including unpaid deposits. In such cases, the Client may not use any images already delivered.

9. Duration and Termination
9.1. The Agreement applies for the duration of the Assignment or as agreed by the Parties. It ends on the agreed date or when all services are completed. The Agreement may also end by mutual agreement without notice.
9.2. If the Agreement is terminated for any reason, the Photographer will invoice any amounts committed to the Assignment, with a minimum of 50% of the agreed fee. Payment terms follow Article 8.
9.3. If the Client unilaterally terminates the Agreement after accepting the Service Proposal but before the Assignment, compensation is due for work already carried out, including preparation, calendar blocking, communication, artistic/strategic direction, etc. A minimum of 30% of the total fee will be invoiced, unless a more protective clause applies (see Article 9.2). The deposit remains non-refundable in all cases.

10. Liability
10.1. The Photographer commits to providing high-quality service but is only bound by a best-effort obligation, not a result obligation. Assignments are based on the Client’s information and the Photographer’s interpretation of their needs.
10.2. In particular:
– The Photographer is liable only for fraud, gross negligence, or failure to fulfil essential obligations, without prejudice to Article 10.3;
– Any damages must be direct and attributable to the Photographer. She is not liable for indirect damages (e.g. loss of income, data, clientele, business, reputation, or profit);
– Any liability shall be limited to the total fee agreed for the relevant Assignment, excluding expenses and taxes;
– Deadlines are indicative only and do not bind the Photographer unless otherwise agreed.
10.3. The Photographer is not liable for any damage arising from contract suspension or cancellation due to unpaid deposits as per Article 7.1.
10.4. Complaints must be submitted within 15 days of receiving the digital files. Beyond this period, the contract is considered fulfilled. After delivery, the Client is responsible for archiving and preserving the photographs.

11. Force Majeure
11.1. The Photographer cannot be held liable for cancellation, suspension or non-performance of any part of the Assignment due to circumstances beyond her control (e.g. flooding, fire, epidemics, strikes, lockdowns, terrorism threats, supplier failure, equipment loss, theft, or other force majeure).
11.2. Any payments received before the force majeure event remain due. The Parties agree to suspend and resume the Assignment in good faith. The Photographer may appoint a substitute to complete the work (e.g. in the case of a fixed-date event).

12. Intellectual Property, Copyright and Image Rights
12.1. The Client confirms that all materials provided to the Photographer respect third-party intellectual property rights. The Client indemnifies the Photographer against any related claims.
12.2. The scope of copyright transfer is defined in the Smart licence agreement between the Parties, including duration and territory. The Client may not transfer the photographs to third parties without the Photographer’s written consent.
12.3. Only the delivered, edited photographs may be used. The Client may not apply filters, modifications, or further edits without permission.
12.4. The Parties agree to comply with all tax obligations relating to copyright transfer, including VAT and withholding tax.
12.5. Unless otherwise agreed, the Photographer may use the images for promotional purposes on her website or social media.
12.6. Similarly, unless otherwise agreed, the Client must credit the Photographer when using or sharing the images online, in print, or on social media. The full name Lucile Dizier and a link to her website must appear with the photo.

13. Amendments
The Photographer reserves the right to amend these General Terms at any time with immediate effect for ongoing agreements. The Client will be informed through the Photographer’s website or any appropriate communication method. Any significant change (e.g. pricing, timelines) will be subject to prior Client approval.

14. Communications
Written communications (e.g. receiving the Service Proposal, invoices) are deemed valid when sent by email to the contact address provided by the other Party.

15. Governing Law and Dispute Resolution
15.1. The Parties’ contractual relationship is governed by Belgian law.
15.2. The Parties will seek to resolve any disputes amicably.
15.3. Failing that, the courts of Brussels have exclusive jurisdiction.

16. Miscellaneous
16.1. Any annexes in the Service Proposal or documents from the Photographer are subject to these General Terms.
16.2. If any clause is found to be invalid, the remaining clauses remain in effect. The Parties will, if possible, replace the invalid clause with a valid one reflecting their original intent.
16.3. Failure by the Photographer to enforce any clause does not constitute a waiver of the right to enforce it later.