Terms & Conditions
1. General
These terms and conditions apply to all offers, assignments, sales, and deliveries of photographic and artistic work by Wendy Leyten, unless explicitly agreed otherwise in writing. By placing an order or assignment, the client agrees to these terms. All services and performances provided are best-effort obligations, not result-based obligations.
2. Copyright & Intellectual Property
- All photos, cards, prints, and artistic works are protected under the copyright of Wendy Leyten.
- Images may not be copied, stored, distributed, printed, or used commercially without written permission.
- Supplied images remain the property of the photographer, unless otherwise agreed in writing. Any use for print, advertising, websites, or social media requires a license (see Article 7).
- Any violation of copyright, including but not limited to removal of copyright notices, unauthorized reproduction, distribution, or commercial use of the photos without explicit permission, will result in legal action. The infringer may be held liable for damages, including statutory compensation fees and legal costs.
3. Session Conditions & Photographer’s Right to Cancel
- A session is confirmed once the client receives written confirmation from the Photographer.
- The Photographer reserves the right to cancel or reschedule a session if the client has not fulfilled required preparations. Deposits paid are non-refundable in such cases.
- For outdoor sessions, the Photographer alone decides if the session should be postponed due to weather. Rescheduling will occur in consultation with the client.
4. Client’s Use of Photos
- For personal assignments, the client receives a usage right for private purposes or social media, with name credit: © Wendy Leyten – www.wendyleyten.be
- For commercial use (such as brochures, company websites, printed material, branding, etc.), a separate license must be obtained.
- Images cannot be edited or altered without prior written permission.
5. Delivery & Selection
- Photos are delivered via digital gallery unless otherwise agreed.
- Image selection, editing, and artistic style are part of the Photographer’s creative vision and cannot be altered unless agreed in advance.
- Only final edited images are delivered; RAW files or unselected images are not provided.
6. Print Sales & Oracle Products
- Prints and oracle sets are considered works of art. Reproduction or resale without permission or license is strictly prohibited.
- Buying prints/cards grants a personal use license only.
- Selling through shops or other channels requires written permission.
- The Photographer is not liable for damage during shipping or color deviations on uncalibrated screens or third-party prints.
7. Licensing & Commercial Use
- For commercial use (e.g., flyers, brochures, books, websites, magazines, branding), a custom licensing agreement is required.
- Fees are based on the duration, type of medium, print volume, and visibility.
- Any copyright infringement will result in invoicing of damages and potential legal action.
8. Portrait Rights and Permission
- For assignments where people are clearly recognizable, permission is obtained beforehand via email or contract.
- The photographer reserves the right to use images for her own portfolio, website, publications, or social media, unless the client explicitly opts out before the session.
9. Payment and Cancellation
- Deposit: 30% non-refundable deposit for portrait/family sessions; other sessions as agreed.
- Balance: Due within 15 days after the session, before delivery. Late payments incur 10% compensation (minimum €50).
- Cancellation fees:
- 4 weeks before session: 0%
- ≤4 weeks: 50%
- ≤2 weeks: 75%
- ≤7 days: 100%
- Cancellations due to force majeure (with proof) are free.
- No-shows: full session charged.
- Quotes valid 30 calendar days unless stated otherwise.
10. Liability
- Wendy Leyten is not liable for delays, technical failures, or force majeure.
- Complaints must be reported in writing within 7 days after delivery.
11. Applicable Law
Belgian law applies to this agreement. Any disputes shall be settled exclusively by the courts of Turnhout, Belgium.
12. Acceptance
By booking a session with Wendy Leyten, the client agrees to these Terms & License.
Last updated: January 2026