These general terms and conditions apply to all services provided by YONG LEI, unless otherwise agreed in writing between the parties. By booking services with YONG LEI, the client accepts these terms and conditions. Any differing provisions or conditions from the client are only binding for YONG LEI if and to the extent that they have been explicitly accepted in writing by YONG LEI.

Definitions

• Photographer: YONG LEI, Yong Lei van Barlingen, who is also the client and user of these terms and conditions.

• Client: The individual(s) or legal entity with whom the photographer has entered into an agreement.

• Agreement: The contractual arrangements made between the client and the photographer concerning the provision of services and/or products.

• Parties: The client and the photographer.

• Price List: An overview available on the photographer’s website.

• Assignment: The execution or provision of services and products in accordance with the agreement.

• Cancellation: The termination of the agreement in advance by the client and/or the photographer.

• Written: Communication via electronic means such as email, provided the sender’s identity and the authenticity of the communication are sufficiently established. The burden of proof regarding receipt of electronic communications rests with the client at all times.

• A.W.: Dutch Copyright Act 1912 (Auteurswet 1912).

General

These terms and conditions apply to all visual material and photography assignments carried out by the photographer. Please read these conditions carefully before booking a photo shoot. By requesting a photo shoot or entering into a collaboration, you automatically agree to these terms and conditions.

​

If you object to these terms and conditions, you must notify the photographer in writing before finalising the relevant photo shoot, re-order, or assignment. If the photographer acknowledges your objection as admissible and partly justified, a modified agreement may be concluded.
 

Acceptance & Offer

Photo sessions can be booked via the website, email, or social media. The photographer makes an offer through a quotation or price list. The client has 14 days to accept this offer. If not expressly accepted, but the photographer proceeds with work under the agreement, this will be regarded as acceptance.

​

Performance

The photographer will carry out the assignment to the best of their skill and ability, in accordance with professional standards and in the distinctive style of YONG LEI. During the photo shoot, the photographer will make every effort to achieve the best possible results given the circumstances.

​

The client undertakes to ensure the conditions during the photo session are as favourable as possible and to take any measures necessary for smooth execution.

​

The photographer cannot be held liable for physical or material damage that occurs during the photo session. The photographer reserves the right to terminate the photo session at any time in unforeseen or unsafe situations, including unexpected behaviour by humans or animals.

​

The photographer retains artistic freedom in conducting the photo session and in post-processing the images. After the session, the photographer will select images from which the client can choose. The photographer is free to determine which images are suitable for delivery.

​

Delivery

Delivery times of the photographs are estimates and will be discussed with the client at the time of the assignment. YONG LEI will select photographs from which the client may choose via a secure online gallery. The number of available images depends on the chosen package and any additional options.

​

After completion of post-processing of the client-selected images, the final result will be delivered digitally, provided that all financial obligations have been met. The client receives two variants of each photo:

1. High-resolution version without watermark, for private use only (unless otherwise agreed in writing).

2. Reduced version with watermark, suitable for social media.*

* The watermark must remain visible, and it is not permitted to apply filters or modify colour or cropping, as this could damage the image of YONG LEI. Publication or distribution on the internet or other media is not allowed unless otherwise agreed in writing.

YONG LEI can professionally produce photo prints and send them by post to the client to ensure colour and quality. If the client chooses an external printing service, YONG LEI cannot be held responsible for colour or quality deviations.

​

Travel Expenses

For on-location photo sessions, YONG LEI charges a travel fee of €0.25 per kilometre, calculated from Schagen.

​

Payment Terms

By booking a photo session, the client agrees to YONG LEI’s payment terms. Payment can be made via bank transfer or iDEAL, unless otherwise agreed in writing. Full payment must be received before the photo session begins.

If the client cancels or reschedules the photo session, the following rules apply:

• Cancellation within 48 hours of the scheduled session: the photographer reserves the right to charge costs. If the session is rescheduled, no costs will be charged.

• Cancellation within 24 hours: the photographer may charge 50% of the agreed fee.

Delivery of photos occurs only after full payment has been received. Until payment is received, the client has no right to use, publish, or share the photos. The photographer reserves the right to terminate the agreement if payment deadlines are not met.

​

Gift Vouchers

YONG LEI offers personalised gift vouchers for an amount chosen by the purchaser. The voucher is valid for two years from the date of purchase, as indicated on the voucher. After this date, the voucher value expires and cannot be redeemed.

​

Vouchers can be purchased digitally or physically. They are non-refundable and cannot be exchanged for cash. YONG LEI is not responsible for lost vouchers. The photo session may only take place upon presentation of a valid voucher.

Appointments using vouchers must be scheduled at least one month before expiry. Extensions may be arranged in writing.

​

Vouchers are valid for a photo session within 30 kilometres of YONG LEI’s location unless otherwise agreed in writing. For sessions outside this area, additional travel costs apply.

 

Liability & Risk

During the session, the client is responsible for their own safety, property, and any animals present. Participation is entirely at the client’s own risk. This also applies to any damage to third parties or animals.

​

The photographer cannot be held liable for any physical or material damage occurring during or after a session. Claims against YONG LEI are excluded.

The client must keep any dog under control during the session. If the dog does not obey and this affects the photos, YONG LEI is not liable for unsatisfactory results or a lack of usable images.

​

The client is liable for damage caused to the photographer or their property, in cases of intent, recklessness, or unlawful acts. This also applies to damage caused by the client’s animals.

​

If equipment is damaged, the client must compensate the photographer at the appraised value.

​

Cancellation & Suspension

A session may only be cancelled by the client for medical or compelling reasons, with at least 48 hours’ notice. Later cancellations incur 50% of the agreed fee.

​

If the client fails to attend the scheduled session, the photographer may charge costs. No-show without notice: 100% of the fee is due, payable within 14 days.

​

YONG LEI may reschedule due to illness, force majeure, or adverse weather. A new date will be arranged with the client. The photographer is not liable for rescheduling.

 

Unforeseeable circumstances

1. If force majeure prevents the photographer from fulfilling obligations, a suitable solution will be sought in consultation.

2. Force majeure includes any external cause, foreseeable or unforeseen, beyond the photographer’s control, including illness of the photographer or immediate family members.

3. If files cannot be delivered due to such circumstances, the session will be reshot at no extra cost. No compensation will be provided.

Copyright, Portrait Rights, Publication & Promotion

The photographer retains copyright of all images created. YONG LEI may use the images at any time for publications and promotional purposes, including portfolio, website, social media, print, fairs, competitions, and other presentations. This applies to digital and physical images.

If the client does not wish certain images to be published, this must be agreed in writing before the session. Without a written agreement, the photographer may use the material for promotion.

​

The client acquires only the right to use the photos for private purposes. Purchasing a photo or digital file does not transfer copyright.

​

Any use outside the private domain (commercial, promotional, editorial) requires prior written permission. Submission of photos to competitions or publications by third parties also requires permission.

The client must respect the photographer’s moral rights, including mandatory credit in accordance with Article 25 of the Dutch Copyright Act.

​

Editing or altering delivered photos, including colour, contrast, cropping, or filters, is not allowed without prior written permission. High-resolution files may not be publicly shared without consent.

​

Any use not in accordance with these terms constitutes copyright infringement. In case of infringement, the client owes at least 100% of the standard licence fee, without prejudice to full damages and legal costs. Compensation does not grant further rights of use.

 

The photographer retains portrait rights. By booking, the client grants YONG LEI permission to use images for promotional and commercial purposes unless otherwise agreed in writing.

Copyright and ownership remain with YONG LEI unless explicitly transferred in writing.

 

Governing Law Dutch law applies. By agreeing to these terms, the client consents to the jurisdiction of Dutch courts in case of disputes.

 

Amendments

YONG LEI reserves the right to amend these terms. Changes will be communicated in writing. If the client does not agree, the agreement may be terminated in writing before the changes take effect.

​

Complaints

Complaints about the execution or result of the agreement must be submitted in writing within 7 days of viewing the digital gallery, by email to info@yonglei.nl. Late complaints will not be considered.

The photographer will seek a suitable solution in consultation. This does not imply a refund of already paid amounts. A new session may be arranged to achieve the desired result.

 

Additional Terms

Dutch law governs these terms and all legal relations between YONG LEI and the client.

If any provision is invalid or voidable, the remaining provisions remain in force.

Parties will attempt to resolve disputes amicably before resorting to court. If unsuccessful, Dutch courts have exclusive jurisdiction.