General Terms and Conditions Michiel Spijkers Photography
Chamber of Commerce (KvK) 18087427 · Utrecht
Michiel Spijkers Photography (“MSP”), based in Utrecht, is a company engaged in photo and video productions.
Article 1 – Definitions
Client: a natural person or legal entity that has placed an order with MSP and with whom MSP has concluded an agreement in this respect.
Order Confirmation: the document in which the agreement is described.
Deliverable: all tangible and intangible items, including (but not limited to) ideas, plans, concepts, photographic and videographic works, layouts, texts and the media on which these can be stored, such as prints, hard drives and documents made available by MSP to the Client in connection with the Assignment.
Reference Material: all items, products, individuals, information and data made available by the Client to MSP to facilitate the start and completion of the Assignment.
Force Majeure: in these General Terms and Conditions, force majeure means all external factors, foreseen or unforeseen, beyond the control of MSP, such as natural disasters, strikes, shortages, viruses, pandemics and/or epidemics. MSP may also invoke force majeure if the circumstance preventing (further) performance of the Agreement occurs after MSP should have fulfilled its obligation.
Article 2 – Applicability of the General Terms and Conditions
These General Terms and Conditions apply to all Quotations and Agreements between MSP and the Client, unless MSP and the Client have expressly agreed otherwise in writing.
Article 3 – Quotations, Agreement and Order Confirmation
All Quotations are entirely without obligation. An Agreement is only formed once the Client has received a written Order Confirmation from MSP (including by email). Prices stated in Quotations and Order Confirmations are expressed in euros (€) and exclusive of VAT, unless expressly stated otherwise.
Stated prices are fixed for the periods stated in the Order Confirmation. After the expiry of the stated period(s), MSP is entitled to adjust its prices for any cost increases and exchange rate fluctuations and to charge these to the Client.
In the absence of an Order Confirmation, an Agreement is deemed to have been formed as soon as MSP begins performance of the Assignment, insofar as such commencement follows from arrangements made with, or statements made on behalf of, the Client, on which MSP could reasonably rely.
Amendments to the Agreement must be agreed in writing (including by email).
Article 4 – Assignment, Order Confirmation and Approval
MSP is entitled to subcontract the Assignment or parts thereof.
MSP is entitled to carry out, at its own technical and creative discretion, anything not expressly described in the Order Confirmation.
The Client must ensure that all Reference Materials are made available to MSP in a timely manner (as discussed in written correspondence, including email). In addition, the Client must provide further cooperation in the performance of the Assignment. If the performance of the Assignment by MSP is delayed or prevented because the Client fails to fulfil these obligations, the resulting additional costs are for the Client’s account.
If the Client sets specific requirements regarding weather conditions during the performance of the Assignment and these do not occur, the additional costs resulting from any delay in the performance of the Assignment are for the Client’s account.
MSP only requires the Client’s approval in order to be entitled to demand payment, as described in the Order Confirmation.
The Client approves the details of the shoot, which, if available, are stated in the photo or film brief, such as shooting location, cast and (set) styling, etc., during the Pre-Production Meeting (PPM) or in writing, including by email. If everything is discussed and agreed prior to the shoot and the Client is present on set, the Client must accept the outcome of the shoot (photo or film material) and is responsible for payment of the total amount as agreed.
The Client approves the photography/film during the actual performance of the Assignment/during the shoot. If no representative of the Client is present during the actual performance of the Assignment, or is not reasonably available, MSP is entitled to grant approval and to make changes to the performance of the Assignment if it deems this necessary, and the resulting additional costs are for the Client’s account.
Approval of the image editing is given solely on the basis of the output medium. MSP accepts no responsibility for colour or other variations in end-user media compared to the output medium, which is considered the final result.
Only the agreed number of edited images counts as a Deliverable.
Article 5 – Invoicing and Payment Terms
If it has been agreed that the Deliverable will not be delivered all at once but in parts, an invoice may be sent for each separate partial delivery.
If payment in instalments has been agreed, an invoice will be sent for each instalment.
The Client must pay invoices within 14 days of the invoice date. However, if advance payment has been agreed, the payment term is 8 days, or, if applicable, payment must be received by MSP no later than 4 days before the first production day/shoot.
If MSP has not received the amount owed within the term stated in Article 5.3, the Client is in default and interest is due at the statutory rate plus 2%.
If the Client is in default or otherwise fails to fulfil one or more of its obligations, including any copyright infringement, all costs of enforcing those obligations, both judicial and extrajudicial, are for the Client’s account.
Article 6 – Ownership and Licence
6.1 The ownership rights and intellectual property rights to the Deliverable, including copyrights and related rights, rest with MSP.
6.2 Use by the Client is limited to the purpose, territories, period, frequency and media agreed between the Client and MSP. In the absence of a specific agreement on use, the right of use is deemed to have been granted for one-time use, limited to use for a maximum of one year in the Netherlands and limited to the medium used at first use. Prior written consent from MSP is required for any other use.
6.3 Without the prior written consent of MSP, the Client is not entitled to make changes to the photographs, edit them, or knowingly or unknowingly enable third parties to use, reuse or download the photographs, digitally or otherwise (or arrange for them to be used, reused or downloaded).
6.4 Without the prior written consent of MSP, the Client is not entitled to transfer ownership of the Deliverable to third parties, pledge it, lend it, rent it out or otherwise make it available, or encumber the Deliverable with claims or rights of third parties.
6.5 If the consent referred to in paragraphs 6.2, 6.3 and 6.4 is not granted, the Client is obliged to pay damages to MSP.
6.6 If it has been agreed that ownership of the Deliverable will be transferred to the Client, or that a licence will be granted, the right to use the Deliverable only arises once the Client has paid all amounts owed to MSP.
6.7 The Client indemnifies, defends and holds MSP harmless against all third-party claims relating to intellectual property rights to the Reference Materials provided by the Client, as well as regarding loss, theft or destruction of, or damage to, the Reference Materials.
6.8 If agreed, the Client credits MSP’s name whenever the (photographic or videographic) works delivered or made available to the Client are used. The Client imposes this same obligation on any third parties, where applicable.
6.9 MSP is entitled at all times to use the (photographic or videographic) works for its own promotional or publicity purposes.
Article 7 – Cancellation and Damages
7.1 MSP may cancel the Agreement if the Client does not reasonably give MSP the opportunity to perform the Assignment or if the Client fails to fulfil its obligations under the Agreement, regardless of whether the Client is affected by force majeure.
7.2 MSP may cancel the Agreement as soon as the Client is declared bankrupt or is placed in liquidation or applies for provisional or definitive suspension of payment. If the Client has not yet fulfilled all its payment obligations to MSP at that time, any licence granted automatically ends.
7.3 If the Client cancels or postpones the Agreement in whole or in part, the Client is obliged to pay damages to MSP.
7.4 The damages owed under Article 7.3 consist at least of the total amount owed for the Assignment minus any third-party costs not owed by MSP, plus interest at the statutory rate +2% from the moment of cancellation.
7.5 In the event of cancellation of the Agreement, all Deliverables already provided must be returned to MSP free of charge by the Client, and any copies must be deleted.
7.6 If MSP is affected by force majeure during the performance of the Assignment, MSP is entitled to suspend performance of the Agreement or to cancel the Agreement. If MSP believes that performance has become permanently impossible, the Client must pay all costs reasonably incurred or still to be incurred by MSP.
Article 8 – Risk and Liability
The costs and risk of shipping, delivery or transport of the Deliverable and/or Reference Materials are the Client’s responsibility.
If the Client does not receive the Deliverable sent by or on behalf of MSP, this is at the Client’s own risk. MSP is then entitled to store the Deliverable, or have it stored, at the Client’s risk and expense and to demand payment as if delivery had been made to the Client.
MSP is not liable for any damage or loss suffered by the Client, except in the case of intent or gross negligence on the part of MSP.
MSP is not liable for any damage or loss attributable to third parties engaged by the Client or MSP, or attributable to the materials used or persons engaged by these third parties.
MSP has taken out adequate liability insurance. Any liability of MSP will never exceed the amount paid out by the insurer.
The Client is at all times responsible for the consequences of using the Deliverable. The Client indemnifies, defends and holds MSP harmless against all third-party claims in this respect.
MSP’s role in booking models, actors and locations is a mediating role. The booking agreements (which may also be concluded by email) with the parties involved, such as model agencies and location agencies, are binding between those parties and the Client.
All cases in which these General Terms and Conditions apply are governed by Dutch law.
These General Terms and Conditions are filed with the Chamber of Commerce in Utrecht under number 18087427.
Privacy and cookies
Last updated: 18 September 2026. This notice explains how Michiel Spijkers handles personal information when you visit this website or contact us about a project.
Who is responsible
Michiel Spijkers Photography, based in Utrecht, the Netherlands, is responsible for the processing described in this notice. For privacy questions or requests, contact michiel@michielspijkers.com.
Information you share with us
When you contact us, we process the information you provide, such as your name, email address, telephone number, company details and project enquiry. We use this information to respond, prepare proposals and manage assignments. The legal basis is taking steps at your request before entering into a contract, performing a contract, or our legitimate interest in handling business correspondence. Please do not send sensitive personal information unless it is necessary for your enquiry.
Website operation
Our website is hosted by Framer. Technical information, such as your IP address, browser and device information, may be processed to deliver the website, maintain security and diagnose errors. Our legitimate interest is to operate a reliable and secure website. Framer also provides built-in website analytics separately from Google Analytics.
Google Analytics and your choice
We use Google Analytics 4, managed through Google Tag Manager, to understand website visits and improve the site. Analytics information can include pages visited, interactions, referral sources, approximate location and browser or device information. We ask for your consent for analytics cookies. You can accept or reject them in the cookie banner and revisit your choice using Cookie settings. Withdrawing consent does not affect processing that was lawful before withdrawal. Necessary storage used to remember your choice is separate from optional analytics cookies.
Service providers and international processing
We use service providers including Framer for website hosting, TransIP for email services and Google for analytics. They may process information on our behalf or under their own applicable terms. Some processing may take place outside the European Economic Area. Where required, transfers must rely on an applicable adequacy decision or appropriate safeguards, such as the European Commission’s Standard Contractual Clauses. Contact us for information about the safeguards relevant to your data.
How long information is kept
We keep correspondence for as long as reasonably needed to answer your enquiry, manage the client relationship and address related questions or claims. Records required for accounting or other legal obligations are kept for the applicable statutory period. Analytics retention depends on the settings of our Google Analytics property and the purpose of assessing website use; aggregated reports may be retained longer than individual event data. You can contact us for the current retention settings.
External links and media
This website may link to other websites or display media provided by third parties. Following an external link or loading third-party media may allow that provider to process information under its own privacy notice. Your choice about Google Analytics does not automatically control every external service.
Your rights
Depending on the circumstances, you may request access to, correction or deletion of your personal data, restriction of processing, or a copy in a portable format. You may object to processing based on legitimate interests and withdraw consent where processing relies on it. Send requests to michiel@michielspijkers.com. We may need to verify your identity and normally respond within one month. You can also complain to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) or your local supervisory authority.
Changes to this notice
We may update this notice when the website or our use of personal information changes. The date above identifies the latest revision.