Terms & Conditions
1. Definitions and scope
In these terms, "I", "me" and "my" refer to Rosie Zopfi film & photography, a sole proprietorship (eenmanszaak) established at Versantvoortstraat 28 C, 5615 AR Eindhoven, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 70403147 (establishment number 000038677954), VAT no. NL002290956B80. "You" or "the client" refers to the person or organisation commissioning my services. "The work" means all photographs and film material I create for you. These terms apply to every quote, booking and assignment for film, video and photography services, and to any use of the booking form on rosiezopfi.com. By confirming a booking you accept these terms.
2. Quotes and agreement
Quotes are valid for 14 days unless stated otherwise. A booking becomes final once you have confirmed in writing (including by email or through the booking form) and, where applicable, the deposit has been received. Any change to the agreed scope may change the fee and the timeline.
3. Fees, deposit and payment
- Fees are as stated in the quote or on the booking page and are exclusive of VAT unless stated otherwise.
- A deposit of 30% of the agreed fee is due to confirm the booking and the date. This deposit secures your slot and covers preparation time.
- The remaining balance is due within 14 days of the invoice date for film and video projects, and on the day of the session for photography assignments.
- Additional costs agreed in advance (travel, location, props, hair and makeup, extra crew, extra edited images or footage) are charged separately.
4. Cancellation and rescheduling
- If you cancel, the deposit is retained. If you cancel within 48 hours of the session, I may charge up to 50% of the total fee to cover reserved time.
- Rescheduling is possible free of charge if requested at least 72 hours in advance, subject to availability.
- If I have to cancel or reschedule for reasons within my control, you may choose a new date or a refund of amounts paid, including the deposit.
5. Force majeure Overmacht
- Force majeure means any circumstance beyond my reasonable control that prevents or delays performance. This includes, but is not limited to: illness, injury, or the death of me or of a close family member; fire, theft, loss of or damage to equipment; power, internet or technical failures; extreme weather; travel disruption or transport strikes; illness of essential crew; epidemics or pandemics; and government measures.
- During force majeure my obligations are suspended and we will reschedule in good faith to the earliest reasonable date. I am not liable for any damage or costs arising from a delay or cancellation caused by force majeure.
- If performance becomes permanently impossible due to force majeure, both parties may end the agreement. In that case I will invoice only the work already carried out, and any amount you paid for work not yet carried out will be settled fairly.
6. Copyright and intellectual property
I retain the copyright and all intellectual property rights to all work I create, as the author, in line with copyright law. Payment gives you a licence to use the delivered work as described in article 7; it does not transfer copyright. A full transfer of rights is only valid if agreed separately and in writing, and is charged separately. Raw or unedited files and footage are not part of the delivery and remain with me, unless agreed otherwise in writing.
7. Usage rights and licence
- Unless agreed otherwise, you receive a licence to use the delivered, final work for the purpose, media, territory and period stated in the quote.
- The licence is personal to you and may not be transferred, sub-licensed or assigned to anyone else.
- You may not make the work available to, share it with, or allow it to be used by third parties, in any form, without my prior written permission. This applies to both the delivered files and any copies.
- Use beyond the agreed scope (for example a new campaign, additional channels, paid advertising, or a longer period) requires my prior written approval and may involve an additional fee.
- You may not edit, crop, recolour or substantially alter the work, or remove any credit or metadata, without my written permission.
8. Infringement and unauthorised use Auteursrecht
- Providing the work to third parties, or any other use that goes beyond the granted licence or breaches these terms, is an infringement of my copyright.
- In the event of such infringement or unauthorised use, I am entitled to compensation of at least three (3) times the licence fee that would normally apply to that use, without prejudice to my right to claim my actual damages instead, and without the infringement being made lawful by paying that compensation.
9. Artificial intelligence AI
- You may not use the delivered work, or any part of it, as input, reference or training data for any artificial intelligence application, including generative AI.
- It is not permitted to generate new images or footage on the basis of my work, nor to generate images or footage in my name or in my recognisable style.
- Any breach of this article is treated as an infringement of my copyright and entitles me to the compensation described in article 8, without prejudice to my rights under copyright law.
10. Credit and portfolio use
Where reasonably possible, please credit me as "Rosie Zopfi" when the work is published. I may show the work in my portfolio, on my website and on my social channels, and use it for my own promotion, unless we agree in writing on an embargo or confidentiality for a defined period.
11. Client responsibilities, permits and releases
You are responsible for arranging access to locations, any required permits, and permission from people and owners appearing in the work, unless we agree that I arrange these. You confirm that anyone you bring to the shoot has agreed to be filmed or photographed. I am not liable for claims arising from missing permissions that were your responsibility.
12. Delivery, revisions and retouching
- I deliver the agreed number of edited photos or the agreed film within the timeline stated in the quote.
- Standard editing and colour grading are included. The selection of images and the creative treatment are mine, made with care and in the spirit of the brief.
- The quote states how many revision rounds are included. Extra revisions or extra retouched images are charged separately.
- You are responsible for checking the delivered work; please report any issue within 14 days of delivery.
13. Storage and archiving
I keep the final delivered work available for at least 6 months after delivery, but I am not obliged to archive files indefinitely. Please keep your own backup of delivered work.
14. Liability
I carry out every assignment to the best of my ability. My liability for any damage is limited to the amount invoiced for the assignment concerned, and I am not liable for indirect or consequential loss, except in the case of intent or gross negligence. In the unlikely event that material is lost or a shoot cannot take place for technical reasons on my side, my liability is limited to redoing the work or refunding the relevant fee.
15. Privacy
I handle personal data you share (for example through the booking form) in line with my privacy policy and applicable data protection law (GDPR).
16. Complaints
If you are not satisfied, please contact me within 14 days so we can find a solution together. Raising a complaint does not suspend your payment obligations for work already delivered.
17. Consumers
If you are acting as a consumer, not for business purposes, mandatory statutory consumer-protection rights apply and take precedence over these terms wherever they conflict. Nothing in these terms limits your statutory rights. Where a provision such as a fixed deposit or cancellation fee would be unreasonable towards a consumer, a reasonable amount reflecting actual costs incurred and time reserved applies instead.
18. Governing law and disputes
These terms are governed by the law of the Netherlands. Any dispute will first be discussed in good faith; if that does not resolve it, it will be submitted to the competent court of the District Court of Oost-Brabant (Rechtbank Oost-Brabant), location Eindhoven.