Creative Agreement

This agreement applies to all photography, video, and content services provided by Ember Studios.

Ember CommV / Ember Studios
2000 Antwerp, Belgium
VAT: BE1021.641.018

Hereinafter referred to as “the photographer”.

1. Scope of the Agreement

The photographer agrees to provide photographic and/or videographic services as discussed in the quotation or communication between both parties.

The details of the assignment (date, location, duration, deliverables, style, usage, etc.) are determined in the accompanying quotation or confirmation via email/message.

2. Booking Confirmation

The booking becomes final after written approval of the quotation or agreement by the client.

The photographer reserves the right to refuse an assignment until written approval has been received.

3. Payment

Invoices are payable within the term stated on the invoice unless otherwise agreed.

In case of late payment, Ember Studios reserves the right to:

• postpone the delivery of images,

• temporarily suspend usage rights,

• charge additional administrative or legal fees in accordance with Belgian law.

All prices are exclusive of VAT unless otherwise stated.

For assignments exceeding €750 excl. VAT, Ember Studios reserves the right to request an advance invoice of 30% to 50%. The booking is only considered final after receipt of the deposit.

4. Cancellation & Rescheduling

In case of cancellation less than 48 hours before the scheduled shoot, Ember Studios reserves the right to charge a cancellation fee of 50% of the agreed amount.

If the shoot date is rescheduled, both parties will mutually agree on a new date depending on availability.

If the shoot cannot take place due to force majeure (illness, extreme weather conditions, technical issues, accidents, etc.), both parties agree to work together to find a new suitable date.

5. Delivery

The photographer selects and edits the images according to their own artistic style and professional judgment.

RAW files are not delivered unless explicitly agreed otherwise in writing.

Standard delivery times:

• photography: generally within 3 - 4 weeks, for weddings: 4 - 6 weeks

• video: depending on the scope of the project

Ember Studios uses royalty-free or properly licensed music whenever possible.

Images are delivered digitally via an online gallery or download link.

RAW files and unedited video files always remain the property of Ember Studios and will not be delivered unless agreed otherwise in writing beforehand.

Ember Studios stores delivered files for 3 months after delivery. After this period, file availability can no longer be guaranteed.

Delivery times may be delayed if feedback, selections, or required input from the client are submitted late.

It is not permitted to use previews, screenshots, or unsecured versions of the images before full payment and final delivery.

6. Revisions & Additional Work

The quotation includes one round of revisions unless stated otherwise.

Additional retouching, edits, extra images, additional editing rounds, or work outside the original briefing may be charged separately at €80/hour excl. VAT.

7. Artistic Freedom

The client acknowledges being familiar with the style and portfolio of Ember Studios.

The photographer retains full artistic freedom during:

• photography

• videography

• color grading

• editing

• image selection

Refunds cannot be requested based on subjective stylistic preferences.

8. Image Usage & Copyright

The copyright of all created images remains the property of Ember Studios in accordance with Belgian copyright law.

The client receives usage rights for:

• social media

• website use

• online marketing

Unless otherwise agreed, the following uses are not included:

• paid advertising

• print campaigns

• billboards

• large-scale commercial distribution

• resale to third parties

Additional licenses may apply for extended commercial use.

The client may not:

• heavily edit the images,

• apply filters,

• AI-generate or manipulate the images,

• crop the images in a way that damages the integrity of the work,
  without prior written permission from Ember Studios.

Where possible, Ember Studios should be properly credited when publishing the images.

Images may not be shared with third parties, partners, agencies, or external parties without prior written permission from Ember Studios.

The client may not use the images for AI training, AI generation, machine learning, or similar technologies.

It is not permitted to upload Ember Studios images into AI software or use them as a basis, reference, or inspiration for generating new visuals, images, or derivative content without prior written permission from Ember Studios.

Manipulating or AI-editing the images in a way that damages the artistic integrity of the work is not permitted.

Usage rights are only definitively transferred after full payment of the invoice.

9. Portfolio & Promotional Use

The photographer reserves the right to use created images for:

• portfolio

• website

• social media

• competitions

• publications

• promotional purposes

Unless otherwise agreed in writing beforehand.

10. Liability

Ember Studios cannot be held liable for:

• technical defects,

• data loss,

• or circumstances beyond reasonable control, including but not limited to:

  • camera, audio, lighting, or storage equipment failure,

  • corrupted files or technical software issues,

  • loss of files due to theft, damage, or hardware failure,

  • delays or losses caused by third parties,

  • weather conditions,

  • illness, accidents, or force majeure,

  • restrictions imposed by locations or organizers,

  • circumstances that reasonably prevented certain images from being captured.

In the event of force majeure or technical issues, Ember Studios commits to always seeking a reasonable and professional solution.

The liability of Ember Studios is limited to the amount of the relevant assignment.

Ember Studios cannot guarantee specific commercial results such as reach, sales, engagement, or growth through the delivered content.

Ember Studios reserves the right to terminate an assignment if working conditions become unsafe, aggressive, or unprofessional.

Any complaints must be submitted in writing within 7 days of delivery or invoice date.

11. Gift Vouchers

Ember Studios offers gift vouchers with a monetary value that can be used towards future photography sessions.

11.1. Value & Use

Each gift voucher represents the amount stated on the voucher and can be used as full or partial payment for a photography session at Ember Studios.

Multiple gift vouchers may be combined for a single booking.

If the chosen photography session costs more than the available voucher balance, the recipient is responsible for paying the difference.

Gift vouchers are subject to the prices applicable at the time of booking.

11.2. Validity

Gift vouchers are valid for 24 months from their date of issue.

The expiry date is stated on the voucher. Gift vouchers must be redeemed before this date.

Expired vouchers cannot be redeemed or extended unless otherwise agreed by Ember Studios or required by applicable law.

11.3. Booking a Session

A gift voucher does not automatically reserve a photography session or guarantee availability.

The recipient must contact Ember Studios to arrange a session. All bookings are subject to availability and written confirmation.

The unique gift voucher code must be provided when making the booking.

11.4. Redemption & Remaining Balance

Gift vouchers cannot be exchanged for cash, except where required by applicable law.

If the full voucher value is not used during a booking, the remaining balance can be applied towards a future photography session within the original validity period.

11.5. Transfers, Loss & Theft

Gift vouchers may be transferred to another person.

Ember Studios is not responsible for lost, stolen or unauthorised use of gift vouchers.

If the original purchase and remaining balance can be verified, Ember Studios may issue a replacement voucher at its discretion.

11.6. Cancellation & Rescheduling

Photography sessions booked using a gift voucher are subject to the standard booking, cancellation, rescheduling and delivery conditions of Ember Studios.

Any applicable cancellation fees or additional costs will be communicated in accordance with the agreed terms and applicable law.

11.7. General Conditions & Consumer Rights

These gift voucher conditions form part of the Ember Studios Creative Service Agreement.

All applicable terms must be made available to the purchaser before the purchase of a gift voucher.

Nothing in these conditions limits the customer's statutory consumer rights, including any applicable right of withdrawal.

12. Acceptance of Terms

By accepting a quotation or confirming a booking, the client agrees to the applicable terms and conditions of Ember Studios, provided these terms were made available before the agreement was concluded.

Written acceptance by email or message may serve as confirmation of the booking and its agreed conditions.

Nothing in this agreement affects the client's statutory consumer rights.

13. Applicable Law

This agreement is governed by Belgian law.

Any disputes fall under the jurisdiction of the courts of Antwerp.

If you have questions about this policy or your data, please contact:

Ember Studios
Email: hello@emberstudios.be
Website: https://www.emberstudios.be