Terms and conditions

1. DEFINITIONS
“Photographer” refers to FotoFanatic / Freek van den Driesschen.
“Client” refers to the user or purchaser on this website.
“Website” refers to https://fotofanatic.nl.
“Product” refers to any image or print offered on this site.

2. COPYRIGHT
All content on this website is protected by copyright and remains the exclusive property of FotoFanatic.nl. Reproduction, duplication, distribution, modification, or use in any form is strictly prohibited without prior written consent from the Photographer.

3. LICENSING IMAGES
3.1 All images on this website are protected by copyright and are available for licensing under specific terms. The Photographer reserves the right to refuse licensing for any image. Exclusive licensing may be available upon request and must be confirmed in writing.
3.2 Licensed images may not be modified, altered, used in derivative works, or incorporated into other media without prior written consent from the Photographer.
3.3 Upon expiry of a license, the Client must permanently delete all digital copies and return or destroy any physical media within 30 days. Continued use after license expiry constitutes copyright infringement.
3.4 Public Sharing (Non-Commercial Social Media Use)
Members of the public are permitted to share images from FotoFanatic.nl on social media platforms provided that:
• The image remains intact and unmodified,
• The visible FOTOFANATIC watermark is not cropped, blurred, or removed,
• Credit and/or link to https://fotofanatic.nl is included in the caption or post text.
This permission applies only to non-commercial personal sharing. Any use by companies, brands, organizations, agencies, or for promotional purposes requires a formal license (see section 3.6).
3.5 Licensed Images (Commercial / Editorial / Professional Use)
Licensed images are provided without a watermark and may be published according to the scope, duration, media channels, and usage terms agreed upon in the licensing contract. Licensed use does not transfer ownership.
3.6 Unauthorized Use
Any use of images without a valid license, beyond the agreed scope, for commercial, editorial, organizational, governmental, or promotional purposes, or without required credit (where applicable), constitutes unauthorized use. Licensing fees are determined based on usage type, audience size, distribution scope, and media format, in accordance with standard professional photography market practices. Such unauthorized use will be calculated and charged at twice (2x) the standard licensing rate.
3.7 Watermark Protection
Removing, cropping, masking, fading, AI-repair, or any other action intended to obscure the FOTOFANATIC watermark from publicly available images constitutes copyright infringement. Such infringement will be invoiced at three times (3x) the standard licensing rate, due to loss of attribution and reputational damage.
3.8 Cost Recovery
In the event of unauthorized use, infringement, or violation of these licensing terms, the Client is responsible for all associated costs. This includes:
• Standard licensing fees,
• Multipliers applied under Sections 3.6 and 3.7,
• Administrative handling fees,
• Reasonable legal consultation or enforcement costs.
These amounts are due immediately upon formal notice of infringement and do not require an invoice to be enforceable.

The Photographer may issue an invoice after formal notice for administrative purposes, but the payment obligation arises at the moment the infringement occurs. The infringing party remains liable for all applicable fees and multipliers regardless of whether an invoice has been issued.

4. INDEMNITY
The Photographer is not liable for claims, legal action, or damages resulting from the Client’s use or publication of licensed images. The Client agrees to indemnify the Photographer against any such claims, including legal fees.

5. CLIENT APPROVAL
If no authorized representative is present during the shoot, the Photographer’s interpretation will be deemed final. The Client may not reject the final result on subjective grounds.

6. CREDIT TO THE PHOTOGRAPHER
Credit must be included as: “Foto: FotoFanatic – Freek van den Driesschen” or as otherwise agreed in writing.

7. PRINTS
7.1 Metal Prints: Vivid colors and frameless display.
7.2 Glass Prints: High clarity and color depth, also frameless.
7.3 Hanging systems are not included by default and must be ordered separately.
7.4 For other materials or sizes, contact the Photographer via the website.
7.5 Prints are custom-made to order. No stock is kept. Due to the custom-made nature of all Prints, which are produced specifically for the Client upon order (pursuant to the Client’s specifications), the standard 14-day statutory right of withdrawal (cooling-off period) for consumers is explicitly excluded. Orders may not be fully refunded if cancelled, as production costs are non-refundable.

8. COLOR MANAGEMENT
The online gallery aims to represent colors accurately, but differences in screen settings may cause slight variations in the final product.

9. PRICING
Unless otherwise agreed upon, standard rates apply. Additional charges may occur for overtime, travel, shipping, or other costs—these will be communicated in advance and included in the invoice.

10. PAYMENT
10.1 The Client agrees to pay all expenses listed in the contract or quotation.
10.2 A deposit may be required prior to the commencement of services. This will be communicated clearly in advance.
10.3 Full payment is due within 30 days of invoice date.
10.4 Print production begins only after full payment is received.
10.5 Accepted payment methods:
 10.5.1 PayPal: Encrypted online transfer service.
 10.5.2 Credit Card: Standard payment card.

Alternative payment options may be discussed upon request.

11. PACKAGING
Orders are securely packaged to prevent transit damage. The Photographer assumes responsibility for safe delivery and will address any issues upon arrival.

12. PROCESSING & DELIVERY

12.1 All prints are custom-made to order. Production typically takes up to 10 working days.
12.2 Once the print is produced, it is first delivered to the Photographer for inspection and quality control. Only after approval will the print be shipped to the Client.
12.3 Shipment to the Client occurs after quality approval. Delivery time after shipment depends on the destination and carrier and is not included in the production timeframe mentioned in 12.1.
12.4 The Client will be notified when the print has passed inspection and has been dispatched. A tracking link will be provided where available.
12.5 If production delays occur at the print supplier, the Photographer will inform the Client as soon as possible. Such delays do not entitle the Client to cancellation or compensation unless otherwise agreed.

13. CANCELLATION POLICY

13.1 By the Client:
 13.1.1 If notice of cancellation is given, a cancellation fee of 30% of the total agreed price will be charged to cover administrative and preparatory costs.
 13.1.2 Cancellations made within 48 hours of the scheduled shoot will incur a 100% charge.
 13.1.3 For print cancellations, see section 7.5.
 13.2 By the Photographer:
 13.2.1 The Photographer may cancel at any time for any reason; in such cases, the Client will be refunded in full.

14. RESHOOTS
Reshoots requested by the Client will be billed at full rate, including all applicable fees and expenses.

15. PRIVACY
The processing of personal data is governed by the Photographer’s Privacy Policy, which outlines how data is collected, stored, used, and retained. By using this Website or requesting services, the Client acknowledges and agrees to the Privacy Policy.

The Privacy Policy is available at: https://fotofanatic.nl/privacy-policy

16. USE BY PHOTOGRAPHER
Unless otherwise agreed in writing prior to the assignment, the Photographer retains the right to use any image for promotional, editorial, artistic, and commercial purposes — including but not limited to social media, website content, exhibitions, prints, publications, and licensing.

The Client may opt out of this usage by submitting a written objection before the assignment commences.

17. ENTIRE AGREEMENT
This document constitutes the full agreement. Amendments or interpretations are only valid if agreed upon in writing and signed by both parties.

18. CONSENT TO TERMS AND CONDITIONS

By placing an order, submitting a licensing request, or using any services from FotoFanatic.nl, the Client confirms they have read, understood, and agreed to these Terms and Conditions.

19. CONTACT INFORMATION
For any questions, licensing inquiries, complaints or requests related to these Terms and Conditions, please contact:

FotoFanatic – Freek van den Driesschen
Email: info@fotofanatic.nl
Website: fotofanatic.nl

Last updated: November 2025

This document is continuously updated.
Copyright enforcement is governed separately under the Auteurswet and is independent of these Terms and Conditions.