TERMS AND CONDITIONS MASTERS OF WEDDING PHOTOGRAPHY
Article 1: Definitions
Master of Wedding Photography is part of Wedding Media, established in Pijnacker, Chamber of Commerce number 7787397, is referred to in these general terms and conditions as The Masters.
The photographer who has taken out membership is referred to as a member in these terms and conditions.
Article 2: Applicability of general terms and conditions
These terms and conditions apply to all activities by or on behalf of The Masters to which it has declared these terms and conditions applicable, insofar as these terms and conditions are not expressly deviated from in writing.
The most recently sent and accepted version of these general terms and conditions is always applicable.
The Masters has the right to unilaterally change these terms and conditions if it deems this necessary. The new conditions will be communicated to the member before they come into effect.
If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or should be annulled, the other provisions of these general terms and conditions will remain fully applicable.
If The Masters allows deviation from these general terms and conditions, this does not affect its right to demand immediate and strict compliance with the other provisions.
Article 3: Offer
The Masters cannot be held to its offer if the member could reasonably understand that the offer, or a part thereof, contains an obvious mistake or clerical error.
If the offer is accepted and a paid membership is entered into, a payment obligation immediately arises for the member.
Article 4: Rates and payments
When entering into membership, the obligation to pay arises for the entire period of the membership, with a minimum term of one year, even if the benefits of the membership are not used for this entire period.
The rates agreed upon entering into the agreement are based on the price level applied at that time. The Masters has the right to adjust the fees.
If the member fails to pay an invoice on time, a direct debit cannot be collected, a direct debit is withdrawn without good reason or a payment is reversed when membership is not cancelled in time or correctly, the member is one-off sending of a reminder or notice of default by operation of law in default and statutory interest is owed. The interest on the amount due will be calculated from the moment that the member is in default until the moment of payment of the full amount owed.
Payment for the membership takes place annually in advance. If the member is in default or fails to fulfil its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the member.
If the member fails to pay in time, access to the content will be denied. If the membership is not cancelled in time or correctly, the payment obligation will continue to exist in such a case.
Article 5: Performance of the agreement
It is only possible to enter into a membership if the member works professionally as a wedding photographer, is registered as such with the Chamber of Commerce within the Benelux and has a valid VAT number.
The Masters will perform the agreement to the best of its knowledge and ability. However, it is not responsible for the failure to achieve the result that the member intended with its membership and cannot guarantee results.
The possibility to contact other members may be subject to conditions. The Masters informs members before entering into a membership about the conditions under which members can contact each other.
Because the services of The Masters are provided online, it cannot guarantee that its services are available at any time at every location.
Membership is personal and cannot be transferred.
The Masters reserves the right to refuse a member at all times. It also has the right to make the member inactive until a profile meets all the conditions.
The offer and activities that are part of a (paid) membership may change from time to time. The Masters is entitled to expand, limit or adapt the content.
Article 6: Provision of information
The Member will make all information relevant to the execution of the assignment available to The Masters in a timely manner.
The member guarantees the correctness, completeness and reliability of the data available. The Masters does not guarantee the correctness and completeness of the information as available by members. They are themselves responsible for the information they make available through The Masters. The Masters will make every effort to remove, modify or block profiles of members that contain untruths or are misleading.
Member indemnifies The Masters for any damage resulting from failure to comply with the provisions of this article.
Article 7: Liability for damage
The Masters is not liable for damage arising from this agreement unless the direct damage is caused intentionally or with gross negligence.
The Member remains responsible at all times for using the services of The Masters.
In the event that The Masters owes compensation to the member for intentionally or with gross negligence causing direct damage, the damage shall not exceed the amount charged by The Masters in the three months prior to the occurrence of the damage. damage, unless reasonableness and fairness require otherwise.
The Member indemnifies The Masters against all claims from third parties related to the services it provides.
Article 8 Intellectual property
Unless otherwise agreed in writing, The Masters retains all intellectual absolute rights, including copyright, to all data, the information supplied and content available.
If this article is acted upon in violation of this article, there will be an infringement of copyright. In such a case, the Masters is entitled to demand payment from the member for the damage suffered and, if justified, to terminate the membership.
Article 9 Communication and conduct
Both parties are bound to secrecy with regard to all confidential information that they have obtained in the context of their agreement. Community posts may only be shared with the consent of all parties involved.
During a membership, members can communicate with each other. The member declares not to send spam or other unwanted messages. Acting in violation of these terms and conditions may result in immediate denial of access and use of the services of The Masters. This includes making racist statements, swearing, online bullying, threatening, sending offensive messages or sending hate messages. Members must deal with each other professionally at all times.
The Masters is at all times free to remove communication or other parts of the shared information without further notice if the content of this communication and information justifies its removal.
Members are themselves responsible for entering into and progressing any collaboration created by the platform.
The Masters reserves the right to exclude the members whose behaviour hinders or complicates the services of The Masters from further participation and, if necessary, from future participation. The exclusion does not entitle you to a refund of the membership fees already paid.
Article 10 Amendment and cancellation
Access to The Masters’ membership is subject to a non-refundable membership fee. After paying the costs, the member gets access to all functions for a year. After the first term of one year, the membership is tacitly renewed and the membership can be cancelled in the dashboard with a notice period of at least one calendar month.
If the costs are not paid (on time), access to the content will be denied.
In the event of unforeseen circumstances, The Masters has the option to interrupt, move or cancel a membership or part of the membership. Unforeseen circumstances include the circumstances that arise with regard to materials that are necessary for the proper execution of the agreement. The Masters will notify the member of a change as referred to in this paragraph as soon as possible.
The Masters reserves the right to change or discontinue any or all of the membership functionality for any period of time or forever. This will be communicated to the member in good time at all times.
Article 11 Additional provisions events
The admission ticket gives access to one person and is only issued once. From the moment the admission ticket is issued, the member is responsible for loss, theft, damage or misuse of the admission ticket. The Masters cannot guarantee validity of the admission ticket has not been purchased from it.
The Masters is entitled to adjust the admission price in the interim for promotional purposes.
If an admission ticket no longer gives access to the event after the start of the event, this will be indicated during the purchase.
Member is obliged to adhere to the applicable house rules during the event. The Masters is entitled to exclude the members who act contrary to this member or otherwise cause hindrance from the relevant event and future events without the right to a refund.
Members are entitled to make images and/or sound recordings during the event, provided that the entire content of an event is not public. Members also accept with their arrival to the event that they can be captured during the event and these images can be published, without compensation, unless expressly objected in advance.
Members are not allowed to bring dangerous objects to the event.
Members is liable for any damage it causes to the event.
The Masters has the right to reschedule or cancel the event. In the event of relocation, the member is entitled to cancel his admission ticket with a refund of the admission price.If a member is unexpectedly unable to attend, he has the right to resell his admission ticket for an equal value, as long as the replacement meets the same participation conditions and the new data is passed on to The Masters in good time.
Article 12 Additional provisions photo contests
The costs for submitting photos are not included in the membership unless stated otherwise.
Submitted images will be treated with care, whereby privacy rules and copyright will be observed at all times. The submitted photos will not be offered to third parties, sold or used for purposes other than promotion. The name of the maker will be mentioned hereby.
Member is responsible for having the correct rights for publication of the image material due to portrait rights.
The Masters reserves the right to exclude the from participation photos that do not comply with the rules announced in advance.
A photo that has previously won an award cannot be re-submitted.
Article 13 Complaints
The Member is obliged to submit complaints about invoices and/or the services provided to The Masters in writing and with reasons as soon as possible, but at the latest within 5 working days after the complaint has arisen.
Submitting a complaint does not suspend the payment obligation.
Article 14 Dispute Resolution
Dutch law applies to these general terms and conditions.
The parties will only appeal to the courts after they have every effort to settle a dispute in mutual consultation.
All disputes will be settled by the competent court in the district in which The Masters is located unless a legal obligation provides otherwise.
Contrary to the statutory limitation periods, the limitation period for all claims and defences against The Masters and the third parties involved is 12 months.