Term & 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 6).

-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

The photographer reserves the right to cancel or reschedule a session if the client has not fulfilled the required preparations or actions communicated beforehand. In such cases, the deposit paid in advance will be retained as a cancellation fee. 

As all photo sessions take place outdoors, the photographer alone decides whether a session should be postponed due to bad weather conditions. In such cases, the session will be rescheduled 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.

5. Delivery & Selection

- Photos are delivered via digital gallery unless otherwise agreed. 

- Photo selection is done by the photographer. Editing and artistic style are part of her creative vision and cannot be changed unless agreed in advance. 

- Only final edited images are delivered. RAW files are not provided. Neither photos that did not make the selection nor the unedited photos can be obtained

6. Print Sales & Oracle Products

- Prints and oracle sets are considered works of art. Reproduction or resale without permission or license is strictly prohibited. 

- Purchase of prints or cards grants the buyer a personal use license (e.g., for home, practice space, or as a gift). 

-  Selling through shops or other channels requires written permission. 

- The photographer is not responsible for any damage caused during shipping when orders are sent by post.

- The photographer is not liable for color deviations on uncalibrated screens or prints not supplied by her.

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

- A 30% non-refundable deposit is required upon booking. The remaining balance must be paid in full within 10 days after the shoot and before any photos or files are delivered.

- Cancellation up to 7 days before the session is free of charge. After that, the deposit is non-refundable.  A cancellation or rescheduling of an appointment is only valid if both the client and photographer have actually spoken to each other.

- In case of no-show, the full session will be charged.

- In case of late payment, a compensation of 10%, with a minimum of €50, will be added.

- Quotes are valid for 30 calendar days from the date of issue, 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.

last updated: may 2025