Standard Terms and Conditions

The specific assignment and deliverable are stated in the accepted quote.
The agreed number of images refers to the number of fully processed images included in the delivery. As a rule, the photographer personally performs the final selection and image processing, unless otherwise agreed.
Raw files and unselected images are not included in the delivery, unless specifically agreed upon.
If the client alters or expands the assignment after the conclusion of the agreement, this may result in additional payment and an adjusted delivery date.

The price is stated in the specific quote and is exclusive of VAT, unless otherwise indicated.
Tasks, extra photography, additional images, substantial changes to the brief, extra image processing, travel time, or other services not covered by the original agreement will be invoiced separately by agreement.
If changes made by the client result in significant extra work or expenses, the client will be informed thereof as far as possible before the work is carried out.

The material is delivered digitally, unless otherwise agreed.
The expected delivery time is specified in the quote. If the assignment is altered or delayed due to circumstances on the client’s part, the delivery date may be adjusted accordingly.
If the photographer, due to illness, injury, or other circumstances beyond the photographer’s reasonable control, is unable to complete the photography or deliver the material as agreed, the delivery date may be postponed.
For outdoor and drone photography, weather conditions, lighting conditions, flight restrictions, or other safety and regulatory matters may result in changes to the scheduling of the photography.

The photographer holds the copyright to the photographs and retains the rights to the material after delivery and payment.
Payment for a photographic assignment therefore does not constitute a transfer of copyright to the client.
The client receives the usage rights specified in the quote and these standard terms.

The usage rights are non-exclusive and do not transfer the copyright to the client.
If the client wishes to use the images for other commercial purposes, campaigns, or products not covered by the original agreement, this must be agreed with the photographer.

The agreed usage rights apply to the client and the specific project or business stated in the agreement.
The client may not sell, sub-license, or otherwise transfer the photographs to a third party without the photographer’s written consent.
This applies, for example, to other companies, manufacturers, suppliers, real estate agents, or other commercial actors who wish to use the images in their own marketing.
By agreement, the photographer may grant permission for such use, potentially against a separate license fee.

For digital use, the credit line should be placed adjacent to the image or in another clear manner.
If a specific form of use does not allow for credit directly next to the image, the photographer’s name must appear in another relevant place as far as possible.

The client may perform standard technical adjustments to the images, including scaling and cropping for the specific application.
The images must not be manipulated, significantly altered, or used in a context that changes their character or violates the photographer’s reputation or distinctive style.
More extensive editing, retouching, or other processing must be agreed with the photographer.

The client may not use the photographs for data mining, training, or development of AI models or image generators.
Furthermore, the photographs must not be included as training data in third-party services, unless written agreement has been obtained from the photographer in advance.

Unless otherwise agreed in writing, the photographer has the right to use the delivered photographs in their own portfolio, on their own website, social media, in competitions, exhibitions, publications, and other marketing of the photographer’s business.
If a project or material is confidential or not yet public, the client must inform the photographer of this prior to the photography session.
If the photographs contain the client’s logo, trademark, or other confidential business characteristics, the photographer respects the client’s rights to these.

The client is responsible for ensuring that the photographer has access to the locations, areas, and facilities to be photographed.
The client is likewise responsible for securing the necessary permissions for persons, artworks, products, trademarks, or other protected elements, if such permissions are required for the agreed use.
If the photographer has specifically undertaken to obtain such permissions, this must be stated in the specific agreement.

A confirmed photography session is considered a binding booking.
In the event of cancellation, the photographer may claim payment for work already performed and documented expenses.
In the event of short-notice cancellation, the photographer may furthermore claim a reasonable cancellation fee, determined on the basis of the scope of the assignment, the time of cancellation, and the working time or capacity reserved for the assignment.
If a photography session is postponed due to weather conditions, a new time will be scheduled as far as possible.

Invoices are sent after the completion of the assignment, unless otherwise agreed.
The payment deadline is 14 days from the invoice date, unless otherwise stated in the quote.
In the event of late payment, interest will be calculated in accordance with the provisions of the Danish Interest Act. Furthermore, a reminder fee may be charged in accordance with applicable rules.
The client’s usage rights to the photographs take effect when full payment for the assignment has been received.

The parties are liable to each other under the general rules of Danish law.
The photographer is not liable for indirect loss, operating loss, loss of profits, or other consequential damages, unless otherwise provided by mandatory legislation.
The photographer’s total liability for damages for a specific assignment cannot exceed the amount paid by the client for the assignment in question, unless otherwise provided by mandatory legislation.

As a rule, the photographer stores delivered images for a period after delivery, but is not obligated to store the material permanently.
The client is personally responsible for backing up the delivered files.
Raw files and undelivered images are not included in the delivery and may be deleted according to the photographer’s own procedures.

In the event of a material breach of the agreement, the other party may terminate the agreement under the general rules of Danish law.

Agreements entered into with Bodh Nielsen Fotografi are governed by Danish law.
Any disputes shall first be sought resolved amicably. If a solution cannot be found, the dispute shall be settled under the general rules of Danish law.