Jun 1st, 2018
The following general conditions (“General Conditions”) are applicable to all products and/or
services provided by Maaike Kolner Photography.
1.1 The parties as mentioned in these General Conditions are defined as the Client (the person or
persons who wish to enter into an agreement with Maaike Kolner Photography and who are also
the recipients of the agreed products and/or services) and Maaike Kolner Photography as the
Supplier (the Client and Maaike Kolner Photography jointly referred to as the Parties).
2.1 These General Conditions are applicable to all legal relationships between Maaike Kolner
Photography and the Client, including offers, quotations, assignment confirmations and oral or
written agreements, also after the termination of the agreement, unless the Parties expressly
agree otherwise in writing
3.1 The offer is entirely subject to confirmation and acceptance by the Client.
3.2 Maaike Kolner Photography is entitled to revoke the offer until its acceptance by the Client.
3.3 The offer includes expenses, that will be calculated and charged according to the following
Article 3.4. Professional fees are not subject to VAT; 4% is to be added to the fees as contribution
for social security fund. The offer also includes a photo album in the format 15×20. In the event
that the Client would like to have a photo album of different format, it will be charged separately
according to Article 7.
3.4. The Client acknowledges that Maaike Kolner Photography is entitled to reimbursement of
expenses that will be calculated as follows.
Travel expenses will be charged depending first of all on the place of the assignment in relation to
its distance from Maaike Kolner Photograpy’s studio in Luino. The amount of travel expenses will
also depend on the duration and type of the assignment, the possible request of inspection of the
location before the date of the reportage, etc.
Maaike Kolner Photography at her own discretion may not ask for reimbursement of fees for
assignment taking place in Varese area.
In the event that the object of the assignment is a wedding reportage, the Client will provide for a
meal to be served to Maaike Kolner Photography and her assistants during the wedding
3.5. Once the offer is accepted by the Client it is considered binding and fees and expenses
mentioned therein fully approved, therefore they cannot be reviewed unless mutually agreed
otherwise in writing.
4.1 Upon signature of these General Conditions the Client will receive an invoice equal to the 25%
of the total amount due for the services agreed in the offer. Payment of this amount must occur
within 14 days from the issuance of the invoice in order to reserve the date of the reportage.
4.2 Within 30 days prior to the date of the reportage, the Client will receive an invoice for the
outstanding amount due; payment of this amount must occur within 14 days from the issuance of
4.3 In the event of cancellation of the assignment by the Client, the following provisions will be
– in any case, the Client must inform Maaike Kolner Photography in writing about the cancellation
of the assignment;
– in the event that cancellation will occur after payment of the 25% but before issuance of the
invoice for the outstanding amount due, Maaike Kolner Photography will be entitled to retain the
– in the event that cancellation will occur after issuance of the invoice for the outstanding amount
due, Maaike Kolner Photography will be entitled to its payment as compensation for loss of profit,
save for the provision under Article 4.4.
4.4 In the event that, by reason of unforeseen circumstances, such as – by way of example –
serious injury, illness, death of close relatives, the Client has to cancel the assignment within 48
hours prior to the reportage, the outstanding amount will not be charged.
5. Object of the Assignment
5.1 Maaike Kolner Photography will carry out the assignment at her own technical and creative
discretion and in the style and quality that is standard for the work of Maaike Kolner Photography
that the Clients knows and approves. Maaike Kolner Photography will act to the best of her ability,
within the given circumstances during the performance of the assignment.
5.2. At least 7 days before the assignment, the Client will indicate to Maaike Kolner Photography
the “VIP guests” to be pictured (i.e.: family members, close friends, bridesmaids, best men).
5.3 In the event that Maaike Kolner Photography, by reason of unforeseen circumstances, is not
able to fulfill an assignment, Maaike Kolner Photography will, in consultation with the Client,
arrange for a suitable alternative or the agreed fee will be repaid. Maaike Kolner Photography
cannot be held liable for direct, indirect and/or consequential damages.
6.1 Maaike Kolner Photography will select at her own discretion the files to be delivered to the
Client and those to be cancelled (i.e.: blurred photos).
6.2 Maaike Kolner Photography will not deliver to the Client unedited or ‘RAW’ files. All images
will be carefully post-processed for, among other things, lighting, color and contrast. The Client is
aware that the post-processing is an essential part of Maaike Kolner Photography’s working
6.3 Additional post-processing activities, such as the adjustment of elements in the images are
possible after consultation with the Client and may be subject to an additional fee.
6.4 Maaike Kolner Photography will deliver to the Client a USB flash drive with the images
selected and post-processed according to Articles 6.1 – 6.3 above. The delivery of photographic
work will take place at the premises of Maaike Kolner Photography. In the event that the
Photographic work has to be sent to the Client, it will be at the Client’s risk and expenses.
6.5 Delivery periods are based on estimates and depend on the involved suppliers and their terms
and conditions for delivery. Maaike Kolner Photography will deliver the images to the Client
ultimately within 10 weeks after the date of the reportage.
6.6 As soon as the Clients will receive the USB flash drive he will check its correct functioning; the
Client will take care of saving the files and back them up, being understood that Maaike Kolner
Photography is entitled to delete the files from her archive after 60 days from their delivery to the
7.1 The offer includes the delivery of a photo album in the format 15×20. Upon request of the
Client, Maaike Kolner Photography will create a photo album of different format and dimension,
but the price for such album will be charged separately.
7.2. Maaike Kolner Photography will create a first album design after the Client has received the
7.3 The Client may request changes in relation to the design of the album twice, free of charge.
For any further change, 50 euros per change will be charged to the Client.
7.4 When the Client has given approval for the album design, the album will be ordered by Maaike
Kolner Photography being from that time on expressly excluded for the Client to ask for further
7.5 The album will be delivered to the Client within approximately eight weeks from the date of
placement of the order. Maaike Kolner Photography will inform the Client of any changes in the
delivery periods. Maaike Kolner Photography will delete the files from her archive after 60 days
from the delivery of the album to the Client.
7.6 Albums must be paid in advance and will be delivered only after payment has been received.
8. Copyright and Publication right
8.1 The copyright to the original photographic works is vested in Maaike Kolner Photography.
8.2 The Client accepts and agrees that Maaike Kolner Photography is the owner of all images
developed and/or the works made available within the framework of the assignment.
8.3 The Client will receive the digital files in high resolution and agrees that these files are only
intended for private use. The Client is not allowed to duplicate the photographic images, to edit
them himself, and/or to use them for business purposes. The Client shall not sell the images to
third parties or use them for commercial purposes or for participation in (photo) competitions.
8.4 The Client is allowed to share the images on Social Media, provided that the name of Maaike
Kolner Photography is mentioned. In the event that the Client would wish to publish / have the
images published on a blog or website (i.e.: wedding blog) the Client must consult Maaike Kolner
Photography in advance in order to have her authorization.
8.5 The Client agrees that Maaike Kolner Photography can use the photographic images for her
own portfolio, website, blog, for commercial / promotional purposes either via Internet, print,
competitions or publications on wedding blogs, unless otherwise expressly agreed by the Parties.
8.6 Any use of photographic work not agreed upon, will be considered a violation of the copyright
of Maaike Kolner Photography and will entitle Maaike Kolner Photography to the actions and
remedies provided for by the applicable law.
9.1 Complaints with respect to the delivered work must be made in writing to Maaike Kolner
Photography as soon as possible, however, ultimately within 10 days after delivery of the
photographic works and in writing.
9.2 Maaike Kolner Photography works with a calibrated computer display for the benefit of
optimal editing and correction of color, which will result in a minimal amount of color difference in
The Client acknowledges that he might experience a difference in colors or brightness on his
computer display if this display is not calibrated. For this reason, Maaike Kolner Photography will
not be responsible if the final product varies from the color reflected on the Client’s display.
9.3 Maaike Kolner Photography will not be responsible for varying color prints if the prints are
ordered directly from the Clients and to supplier not approved by Maaike Kolner Photography.
10.1 Once Maaike Kolner Photography delivers the photographic work she cannot be held liable
for any loss or damages of the work. Liability will in any event be limited to the amount of the
11. Choice of law and jurisdiction
11.1 These General Conditions are governed and construed according to Italian law. Italian Civil
Code will apply to rule any aspect of the relationship between the Client and Maaike Kolner
Photography not expressly regulated in these General Conditions.
11.2 Any dispute arising in relation to the performance, termination and interpretation of these
General Conditions and the relationship between Maaike Kolner and the Client will be submitted
to the exclusive jurisdiction of the Court of Varese.