Terms & Conditions

Article 1 Definitions

1. Agreement
   The agreement and all further acts between Wild Heart Tales and Customer regarding the provision of Services.
2. Assignment
   Written order to provide Services, including the signed for approval and returned Quotation.
3. Customer
   A natural person (Consumer) who or legal entity which purchases a Service from Wild Heart Tales.
4. Date
   The date on which, after confirmation of Customer, the Services will be provided.
5. Offer
   Information as shown on the Website or in any Quotation sent by Wild Heart Tales, including in any case the price and duration of Services.
6. Participant
   A natural person who (Consumer) or legal person who takes part in a workshop.
7. Payment term
   The term within payment must be made. This term is stated in the invoice.
8. Photo Products
   Any Work relating to the Agreement, which in any case includes photo albums and photo prints.
9. Rate
   The amount charged by Wild Heart Tales for performing her Services.
10. Services
    Services to be provided or provided by Wild Heart Tales, including in any case family photography, wedding photography, business photography, product photography and photo products, editing photos for photographers, providing workshops and all services provided or to be provided in the future.
11. Website
    The website of Wild Heart Tales, and any current and future variants thereof.
12. Work
    Any photo, as well as any other recording of image, sound and information carriers, produced by Wild Heart Tales.
13. Written
    (Digital) communication: letter, e-mail, social media and similar online communication services.

Article 2 Wild Heart Tales

The one (wo)man business Wild Heart Tales, with registered office and principal place of business in Utrecht, registered in the Trade Register under number 75455862.

Article 3 Applicability

1. These Terms and Conditions apply to every Offer from and Agreement with Wild Heart Tales, unless both parties agree otherwise in Writing. Also all actions related to the Agreement, both of a preparatory and executive nature, such as an Offer and deliveries, are subject of these Terms and Conditions. Together with any Offer they form the Agreement between Wild Heart Tales and Customer.
2. The Terms and Conditions will be provided to the Customer electronically before or upon conclusion of the Agreement, in such a way that they can be stored on a data carrier (like a laptop or phone) and will be accessible for later inspection.
3. Any terms and conditions of Customer or any other third party do not apply, unless the parties have expressly agreed otherwise in Writing.
4. Deviations from these Terms and Conditions are only valid insofar as they have been expressly agreed in advance and in Writing between Wild Heart Tales and the Customer and they only apply to the amended provisions in the relevant Agreement. The other provisions of the Terms and Conditions remain unaffected.
5. If any provision of these Terms and Conditions is invalid for any reason, the other provisions herein will remain in effect. The parties will negotiate about the content of a new provision that approximate the purpose and intent of the original provisions to the extent possible.
6. Wild Heart Tales is entitled to unilaterally (without consulting any Customer) change the Terms and Conditions. Changes will be announced on the Website. The amended Terms and Conditions apply to existing Agreements and Offers.

Article 4 Conclusion of the Agreement

1. The Agreement is concluded after Wild Heart Tales has sent an order confirmation to the Customer by e-mail containing the Date of the requested photo shoot. This order confirmation will be sent after the Agreement has been signed and sent by Customer via JotForm and after the down payment has been made.
2. Customer is not entitled to transfer his/her rights and/or obligations under the Agreement to third parties unless Wild Heart Tales has given her prior written consent.
3. If Customer could reasonably assume that (part of) the Offer contains an obvious mistake or error, Wild Heart Tales cannot be held to her Offer.
4. If the Agreement is concluded by two or more Customers jointly, each of them is jointly and severally liable for the fulfilment of the obligations under the Agreement.

Article 5 Assignment

Performance

1. Wild Heart Tales will make every effort to perform her Services with care, using the professional standards. Wild Heart Tales will use her own style by doing so. The Customer is aware of this style and agrees to this style being applied by Wild Heart Tales. Adjustments regarding lighting and contrast can be made but Wild Heart Tales is not obliged to do so. This also applies to photo editing for other photographers, in which Wild Heart Tales will match the style of the photographer in question as much as possible.
2. Wild Heart Tales is entitled to:
   1. use her own technical and creative insight in situations which are not described in the Agreement;
   2. engage third parties for the execution of the Agreement. The necessary care will be taken in this regard. However, Wild Heart Tales is not liable for any shortcomings of these third parties;
   3. cancel any advisory-, training-, supervision- or coaching program without stating reasons;
   4. refuse a Participant by referring to paragraph 21 of this article;
   5. change the content of the Offer for reasons of qualitative improvement.
3. During and after photo shoots, photos are saved in duplicate. A backup camera is available during wedding photography.
4. Customer is not entitled to hire a second shooter selected by him/her without the prior written consent of Wild Heart Tales.

Location

Unless mentioned otherwise the performance of Services will be:

1. In case of wedding photography: at the location of the wedding whereby Customer will be responsible for location fees such as, but not limited to, entrance fees and parking costs.
2. In case of any other photography: at a location to be decided by Wild Heart Tales and Customer.

In case of other photography, Wild Heart Tales is entitled to change the date and/or location for organisational reasons and will get prior confirmation from Customer.

Delivery

1. Wild Heart Tales will compose the selection of photos which will be delivered to Customer. The file format may differ per photo, based upon the professional judgement of Wild Heart Tales. Customer ensures that the definite selection of photos for the photo album will be passed on to Wild Heart Tales within 10 (ten) working days after delivery of the selection in order for Wild Heart Tales to order and deliver the album on time.
2. It is not possible to inspect the photos between the Date of the photo shoot and the delivery of the photos. Delivery of the images normally takes place within:
   • 2 (two) weeks after Date at photo shoots
   • 6 (six) weeks after Date at weddings. The Customer will also receive a sneak preview within 1 (one) week.
3. The terms of delivery will never be a strict deadline. The Customer will allow Wild Heart Tales a reasonable term to provide the agreed Services in case of expiration.
4. Delivered photos are edited by Wild Heart Tales. Editing will be done in the style that is typical of Wild Heart Tales and from which no deviations are made, whether or not requested.
5. No RAW images will be shared with Customer unless purchased.
6. Wild Heart Tales makes an effort to keep delivered photos for two years as of date of delivery. However, this is only for Wild Heart Tales' internal matters so no rights can be derived by Customer nor any liability can be stipulated.

Additional work

1. If it appears necessary to change or supplement the Agreement during the performance of services, Customer and Wild Heart Tales will amend the Agreement timely, in writing and jointly. They will inform each other about exceeding the originally agreed delivery time, financial and/or qualitative consequences.
2. Not or not immediately executing the amended Agreement will not constitute a default on the side of Wild Heart Tales and is therefore no ground to dissolve the Agreement in accordance with article 12 of these Terms and Conditions.

Obligations Customer and/or Participant

1. Beside the obligations and responsibilities of Wild Heart Tales, Customer and Participant remain responsible and liable for the extent to which advice given by Wild Heart Tales is used and implemented.
2. The effort of a Customer and Participant is of crucial importance for the progress of a process. Especially availability and cooperation. Customer and Participant are responsible for scheduling training courses in a timely manner. If the Customer and/or Participant, after a proposal from Wild Heart Tales, does not schedule a date for a training within six months, Wild Heart Tales can charge a reasonable compensation for reservation costs. This does not apply when Customer or Participant is a Consumer.
3. Customer and the Participant will always provide Wild Heart Tales, both when asked and on her/his own initiative, with all cooperation and relevant information, specifications, materials, licenses and choices in whatever form needed in order for Wild Heart Tales to execute the Assignment.
4. Customer and Participant are never entitled to provide her/his login details to third parties. If the Customer and/or Participant does so anyway, the Customer and/or Participant are obliged to pay Wild Heart Tales an amount of €1,000 due to infringement of Wild Heart Tales' copyrights. If the Participant works for the Customer, Wild Heart Tales will address this fine to the Customer.
5. Customer and/or Participant enables Wild Heart Tales all access, both physical and online, in order to perform her Services.
6. Customer and/or Participant behave carefully and refrain from unlawful behaviour during Wild Heart Tales' services. Unlawful behaviour includes in any case illegal activities or behaviour and statements that are contrary to public order, morality or other laws and regulations. Wild Heart Tales can never be held liable for unlawful behaviour of Customer and/or Participant and will be able dissolve the agreement on the basis of article 12, paragraph 2, sub f of these Terms and Conditions, while retaining the right to be compensated for damage suffered by Wild Heart Tales because of this unlawful behaviour.
7. Delivery of the photo album: When booking a wedding photography package, a photo album is included. It is important for the customer to take the necessary steps to receive the photo album within a reasonable timeframe after the wedding. We strive to have the photo album ready within 3 months after the wedding. However, if the customer is negligent and fails to order the photo album within one year after the wedding, the right to receive the photo album may expire, or a fee of 100 Euros may be charged. Please note that it is the customer's responsibility to provide all necessary materials and information for the production of the photo album.

Article 6 Rates

1. The rates as mentioned in the Offer or on the Website are binding and fixed. They are stated in Euros. Unless mentioned otherwise, all prices stated in the Agreement and the Offer include VAT and other governmental levies. A standard travel allowance applies for assignments which take place abroad (outside the Netherlands). Customer is responsible for travel expenses such as airline tickets, hotels and meals. Mentioned prices are exclusive of any other additional individual wishes of the Customer.
2. In case wedding photography will take longer than 4 hours, Wild Heart Tales will be offered a nutritious meal.
3. Prices and other conditions mentioned in the Agreement or the Offer only relate to that specific Agreement and do not apply to new Offers or extension of the Agreement. Wild Heart Tales reserves the right to change her Rates at any time. Changes will be sent to existing Customer.

Article 7 Invoicing and Payment

1. For the services of Wild Heart Tales the Customer will pay the fee stated in the Agreement and as indicated on the invoice. This payment is partially made in advance and the final payment need to be done at the latest on the day of the shoot or wedding. For this, an invoice will be sent to the Customer by PDF. The Customer states the appropriate e-mail address on the Registration Form and herewith agrees to a digital invoice.
2. Payment must be made net to Wild Heart Tales' bank account, without any discount, deduction or settlement. The down payment of the invoice, in case of wedding photography €500,00 (destination €1000) and for other shoots €50,00, must be received at the bank account of Wild Heart Tales at the time of the final booking, stating the invoice number. After payment, the date of the photo shoot is final. The remainder must be paid on the due date stated on the invoice. The total amount of the invoice must therefore be received by Wild Heart Tales no later than the Date of the photo shoot. Photos will not be delivered until full payment of the invoice is received.
3. The terms mentioned in this provision are deadlines. The value date stated on Wild Heart Tales' bank statements is regarded the day of payment. If the Customer fails to pay on time or in full within the Payment Term, default will occur immediately after expiry of this term, without further notice of default being required from Wild Heart Tales. Wild Heart Tales is also entitled to suspend the Services to be provided or to grant the date to another Customer without being liable for compensation.
4. Upon commencement of default up to and including the date of full payment of the payment due, the Customer owes a delay surcharge. This surcharge consists of 1 (one) percent of that sum per month that payment is not made. A part of a month counts as a full month. The Customer is also liable for expenses incurred and to be incurred to collect the damage legally and extrajudicially. These costs are determined in accordance with the then applicable Decree on compensation for extrajudicial collection costs. For business Customers, however, these costs amount to at least 15% of the payment due. Any judicial, extrajudicial and execution costs including interest will also be claimed from the Customer.
5. The fees owed by the Customer to Wild Heart Tales can never be suspended or set off against any claim of the Customer against Wild Heart Tales.
6. If payment must be made in advance, the Customer cannot assert any right to delivery thereof before full payment of the amount has been received by Wild Heart Tales.
7. Incoming payments always serve to settle judicial and extrajudicial costs and interest, and subsequently serve to settle the oldest outstanding payment obligations, regardless of any other indication by the Customer.

Article 8 Liability

1. Wild Heart Tales makes every effort to the best of her knowledge and ability to provide the Services in the most careful manner. This will be a best efforts obligation and shall not constitute an obligation to perform or a guarantee commitment. In the event of an attributable shortcoming, Wild Heart Tales is only liable for direct damage, including but not limited to replacement or processing costs incurred by the Customer in connection with the Agreement, if this damage is the result of intent or gross negligence or recklessness on the part of Wild Heart Tales.
2. Wild Heart Tales is not liable for damage caused by information sent online or via the internet by the Customer.
3. The liability of Wild Heart Tales shall in no event extend beyond compensation of the maximum invoice value as stated in article 6 of these Terms and Conditions or offering a new photo shoot in writing. The decision between these options is made by Wild Heart Tales based on the circumstances of the particular case. The extent to which the shortcoming could be attributed to Wild Heart Tales determines the amount of compensation. Minor deviation cannot lead to compensation. Wild Heart Tales never covers more than the insurance compensation received by Wild Heart Tales under her business liability insurance.
4. Direct or indirect damage resulting from entering into, maintaining and/or handling transactions and agreements between the Customer and its (third) contracting parties is never the responsibility of Wild Heart Tales. Damage must be reported to Wild Heart Tales in Writing immediately after it has arisen.
5. Any claim against Wild Heart Tales expires 12 months after the claim arose.
6. Provisions in this article do not apply if the damage is caused by intent, gross negligence or recklessness on the part of the Customer.
7. Wild Heart Tales and Customer will at all times try to jointly find a solution.

Article 9 Force Majeure

1. If Wild Heart Tales is prevented from (further) executing of the Agreement due to permanent or temporary force majeure, regardless of whether the force majeure was foreseeable, Wild Heart Tales and the Customer are not obliged to fulfil an obligation under the agreement in a timely manner. Parties are entitled to suspend the obligations under the Agreement for as long as the force majeure situation continues. If suspension cannot be required of one of the Parties, Parties may unanimously choose to terminate the Agreement. Services already performed must be paid for by Customer.
2. If the force majeure agreement lasts longer than 2 (two) months, both Customers and Wild Heart Tales are permitted to (partially) terminate the agreement without judicial intervention. Services already performed must be paid for by Customer.
3. Force majeure includes: non-attributable shortcoming of one of the parties as well as third parties or suppliers engaged by Wild Heart Tales, pandemic, epidemic, governmental measures in force, illness of Wild Heart Tales, the temporary unavailability or insufficient availability of equipment or other telecommunication connections that have proved necessary for the provision of the Services, riot, war, as well as any other situation over which Wild Heart Tales and the Customer cannot exercise decisive control. Force majeure also includes the situation in which the suppliers on which Wild Heart Tales depends, do not deliver (on time) or do not fulfil their contractual obligations towards Wild Heart Tales in any other way. Force majeure does not include canceling the wedding on personal grounds of the bridal couple's.
4. In case of weather conditions such as (heavy) rain during wedding photography and videography, Parties jointly decide about the (im)possibility of filming at an outdoor location. The judgment of Wild Heart Tales is leading regarding protection of her equipment. The Customer does not have the right to dissolute as a result of a situation in this paragraph.
5. In the event of Wild Heart Tales' illness, Customer may choose to have Wild Heart Tales arrange a replacement photographer, without changes to the other terms and conditions, whereby the editing of the images and any further processing is done by Wild Heart Tales.
6. Parties will inform each other in Writing of a situation of force majeure as soon as possible. If possible, Parties will try to jointly find a solution.
7. Damage as a result of force majeure is not at the risk and cost of Wild Heart Tales.
8. Force majeure does not include the cancellation of the wedding due to personal reasons of the couple.

Article 10 Complaints

1. Complaints must be communicated to Wild Heart Tales in Writing within 8 (eight) working days after delivery. If the Customer has not complained within this period, it is assumed that Wild Heart Tales has properly performed the assignment.
2. If the complaint is declared well-founded, Customer is entitled to repairment, replacement (redelivery) or to waive redelivery. Minor deviations, deviations customary in the industry or the style of Wild Heart Tales cannot lead to the aforementioned entitlements.
3. Customer will allow Wild Heart Tales at least 4 (four) weeks to jointly resolve a complaint. After this period, the complaint is subject to dispute resolution.
4. Complaints do not justify suspension of a due and payable obligation by Customer.

Article 11 Intellectual Property Rights

1. The works produced by Wild Heart Tales are exclusively intended for personal use by the Customer.
2. Copyrights or any other (intellectual) property rights are vested in Wild Heart Tales. This contains rights to the format and content of the Website, the Wild Heart Tales Logo, produced concepts, creations, works, proposals, photo products, photo shoots, expressions on the internet, etc. e-mails, techniques, other documents and information or any other expressions from, on behalf of or by Wild Heart Tales at Wild Heart Tales. This does not apply for portrait photography.
3. Intellectual property rights to Services and photo products supplied or made available to the Customer are vested in Wild Heart Tales and/or her licensors.
4. The intellectual property rights, copyrights and (sub) licenses referred to in paragraphs 1 and 2 cannot be transferred by agreement, unless otherwise agreed between Parties In Writing.
5. Customer is not permitted to edit, reproduce or publish any concept, material or information supplied by Wild Heart Tales to the Customer in whole or in part, or to make it available to third parties via any medium whatsoever, to be made available to third parties for inspection, whether or not for a fee. It is not permitted to remove or change any indication of rights from information supplied by Wild Heart Tales.
6. Any use of a Work that is not agreed upon in the Agreement is considered an infringement of Wild Heart Tales' rights. Infringement of copyright or any other intellectual property right as described in the previous provisions of Wild Heart Tales by the Customer or a third party acting directly or indirectly in the performance of the Agreement will immediately lead to payment of a fine to Wild Heart Tales of at least EUR 1,000.00. The Customer also reimburses the actual damage suffered by Wild Heart Tales.
7. Customer indemnifies Wild Heart Tales against all claims from third parties in and out of court that are related to the provisions of this article. Customer also fully indemnifies Wild Heart Tales to all damage suffered or to be suffered in relation to this provision. Customer ensures that third parties do not make use of the Works insofar as this infringes the rights referred to in paragraphs 1 and 2 of this article. The Customer shall immediately inform Wild Heart Tales of (expected) use by third parties.
8. Customer grants Wild Heart Tales permission to use for promotional purposes such as, but not limited to, portfolio, blog or social media. Customer may object to publication in Writing in advance.
9. Wild Heart Tales may grant permission to distribute her Work. This may be the case when a Customer shares screenshots from the Products on social media. Customer makes sure to comply with the following:
   • Wild Heart Tales's name, hashtag and account-name as mentioned on the relevant social media must be clearly stated with a Work used, or be included in the publication or contest with reference to the work.
   • Reproducing and publishing a Work, Customer will at all times observe the personality rights of Wild Heart Tales in accordance with Article 25 Aw.

Article 12 Duration, Dissolution or Cancellation

Duration

1. The Agreement between Wild Heart Tales and the Customer is entered into for the duration of the Assignment, is performed on the Date and cannot be terminated prematurely, unless otherwise agreed In Writing between Wild Heart Tales and the Customer. An exception is made for newborn photo shoots.
2. If a situation as referred to in paragraph 3 of this article arises or if Wild Heart Tales is of the opinion that the activities requested by the Customer could damage the interests and/or reputation of Wild Heart Tales, Wild Heart Tales may refuse her services. Wild Heart Tales is not liable for any damage caused by such a situation. Wild Heart Tales is also not obliged to (re)pay amounts already paid by the Customer.

Dissolution

Taking into account the legal requirements, both parties are entitled to immediately dissolve or suspend the Agreement in Writing without stating reasons and notice of default if:

• one of the parties is/has been declared bankrupt or has/has submitted an application for bankruptcy;
• one of the parties is in suspension of payment or has an application;
• in the event that the Customer is a legal entity, one of the parties has been or will be liquidated;
• materially changes the activities of one of the parties (for example, by takeover);
• fulfilment of one of the essential obligations of the Agreement is or is suspected to be in violation of applicable laws and regulations;
• one of the parties fails to fulfil the obligations under the Agreement after a reasonable term has been offered to still fulfil the obligation;
• if a situation as referred to in Article 9 of these Terms and Conditions occurs.

In the event that the Customer appears not to be creditworthy, Wild Heart Tales is entitled to dissolve the Agreement in Writing with immediate effect without stating reasons or to demand an advance payment or other form of security. This also applies in the event that (a substantial part of) the Customer's assets are seized or in the event that circumstances arise of such a nature that fulfilment of the agreement is impossible or cannot be required.

Wild Heart Tales remains entitled to amounts owed by the Customer under the Agreement that have become immediately due and payable as a result of the default.

Cancellation

Both parties may cancel the Agreement (prematurely) In Writing at any time, unless reasonableness and fairness oppose termination or termination at such a term. Cancellation also includes moving the Date of the shoot beforehand.

If the Customer want to (interim) cancel, Wild Heart Tales is entitled to compensation for work she has performed up to that point, which also includes costs of any third parties engaged, as well as additional costs she reasonably have to incur as a result of the early termination of the Agreement. Unless the termination is based on facts and circumstances that can be attributed to Wild Heart Tales. In the event of cancellation, the Customer will therefore owe a cancellation fee as described below. The down payment is never eligible for a refund unless a death in the 1st line family appears.

The cancellation fee is determined in accordance with the following schedules and percentages.

• In case of illness of the newborn, a newborn shoot may be rescheduled free of charge. This also applies on the day of the shoot.
• In case of a no show, 100% of the invoice value will be charged.

9. If Wild Heart Tales terminates (premature) Customer is entitled to any help from Wild Heart Tales in transferring work to third parties, unless the termination is based on facts and circumstances that can be attributed to the Customer. In case the transfer of the work entails additional costs for Wild Heart Tales, these will be charged to the Customer.
10. Intellectual property rights remain at all times with Wild Heart Tales. In all cases of (premature) termination, Wild Heart Tales also retains the right to payment of the invoices for work performed up to that point. The provisional results of the work performed up to that point will be made available to the Customer. Wild Heart Tales is not liable for damage arising as a result of any cancellation. Wild Heart Tales is also not obliged to (re)pay the down payment, amounts already made by Wild Heart Tales and already paid by the Customer.

Article 13 Withdrawal (Consumer)

Shoot later than 14 days after concluding agreement: right of withdrawal

1. Unless one of the statutory grounds for exception applies, the Consumer can revoke the Agreement free of charge within 14 (fourteen) days after the delivery has been agreed if it is agreed that Services will be delivered at least two weeks after the conclusion of the Agreement.

Shoot within 14 days after concluding agreement: waiving withdrawal

If the work is delivered earlier, i.e. within two weeks after the Agreement is concluded, the Agreement cannot be revoked. In that situation, the Consumer agrees in Writing to an immediate delivery of the Services and thereby waives his/her right of withdrawal.

How to withdraw

1. Customer can withdraw by sending an e-mail to hello@wildhearttales.com in which the Consumer explicitly indicates that he/she wishes to withdraw the Agreement. After receipt of the revocation, Wild Heart Tales will immediately send a receipt to the Customer.
2. If Wild Heart Tales has already started preparatory work, which work is included in the Offer, the Consumer owes Wild Heart Tales an amount which in proportion to that part of the Agreement that has been fulfilled by Wild Heart Tales at the time of exercising the right of withdrawal, compared to the situation when there is full compliance with the Agreement.

Exceptions

• Delivery of Photo Products (such as album) by Wild Heart Tales cannot be revoked.
• Corporate Customers can not withdraw the Agreement.

Article 14 Privacy and Cookies

1. Your personal data, obtained in the context of the execution of the Agreement, will be processed in strict confidence and in accordance with the applicable laws and regulations, in particular the AVG as can be found in the Privacy and cookie policy of Wild Heart Tales. Customer declares to have taken note of the policy and to agree with it.
2. Wild Heart Tales uses high-quality security techniques and encryption of the Personal Data. In the event of negative interventions beyond Wild Heart Tales' influence, reference is made to article 10 of these Terms and Conditions (force majeur).
3. Wild Heart Tales does not accept any liability for any damage caused by acting in breach with this article.

Article 15 Website

1. At all times Wild Heart Tales is entitled to adjust the Website in terms of content, layout and further necessities at the discretion of Wild Heart Tales.
2. Wild Heart Tales strives to ensure that the Website functions properly at all times. Wild Heart Tales also strives to make it permanently accessible to the Customer but cannot guarantee that the Website will function without restrictions or malfunctions at any given time, due to necessary maintenance and the fact that the functionality of the Website depends on Internet and technologies.
3. Wild Heart Tales does not accept any liability or responsibility with regard to any damage arising from or related to the use of the Website and the content thereon. Direct or indirect damage as a result of third-party programming, viruses and hackers that can lead to the modification, destruction, distortion, deactivation or inactivation of software, hardware and/or data of the Customer, Visitor or third parties is and never will be the responsibility of Wild Heart Tales.

Article 16 Applicable Law

1. The agreement between Wild Heart Tales and the Customer is exclusively governed by Dutch law, unless the parties agree otherwise in writing in advance.
2. Any disputes arisen between Wild Heart Tales and Customer that cannot be settled amicably will be submitted to the competent Court, Rechtbank Midden-Nederland.