Terms and conditions Shotmaniacs

Shotmaniacs (Vennootschap Onder Firma, a Dutch general partnership) is an event media production company registered in Enschede, the Netherlands. From our company we deliver photography, videography, livestream and concepting for festivals, artists and brands. Where these terms use ‘you’, ‘your’ or ‘yours’, we mean the client, intermediary, and/or the company or contact person with whom the engagement was entered into, to whom a quote was issued, or who uses the content in any form.

Where these terms use ‘we’, ‘us’, ‘our’ or ‘Shotmaniacs’, we mean Shotmaniacs (Vennootschap Onder Firma), registered with the Dutch Chamber of Commerce under number 76740005, with its principal place of business at Janninksweg 40 A, 7513 DL Enschede, the Netherlands.

By ‘agreement’ we mean everything we orally or in writing agree with each other, and any modification or supplement thereto. By ‘content’, ‘work’ or ‘imagery’ we mean all commissioned photographic works, video, livestream recordings, edits, concepts and other creative output.

By ‘RAW files’ we mean unedited digital image and video files that belong to the intellectual property of Shotmaniacs.

These terms apply to all relations between you and Shotmaniacs, including quotes, order confirmations, invoices, oral and/or written agreements and correspondence, including after termination of the collaboration or agreement.

The applicability of your own purchasing or other terms is explicitly rejected. If you use your own terms, they do not apply to our agreement.

Deviations, adjustments or additions to these terms apply only if we have agreed to them in writing, and only for the part of the agreement for which such consent was given.

If one or more provisions of these terms are ever wholly or partly void or annulled, the remaining provisions remain fully applicable. We will then jointly agree a replacement provision, keeping in mind the purpose and scope of the invalid one.

Quotes are entirely without obligation, unless stated otherwise. Our quotes carry a validity date; we ask you to respond before that date. We may withdraw the quote up to two business days after acceptance.

We cannot be held to our quotes if they contain an error or slip that should reasonably have been clear to you.

Unless stated otherwise, our quotes are exclusive of location scouting, additional costs due to changes to the assignment or locations, unspecified services or crew, and any accommodation, travel and parking costs. Quotes do not automatically apply to future assignments.

All amounts we communicate are exclusive of Dutch VAT unless expressly stated otherwise. If no fee has been agreed, Shotmaniacs will set a reasonable fee based on comparable assignments, taking into account the intended use of the content.

Additional costs such as surcharges, extra work, overnight stays, catering and unforeseen production costs are billed based on after-calculation. Extra work is always invoiced at our standard hourly rate.

Travel costs are billed separately at [€0.55] per driven kilometre from our place of establishment or the creative’s departure point. When a single assignment requires more than three hours of driving, we additionally apply a travel-time hourly rate of [€55] per hour.

It is not possible to offset any claims you may have against us against the fee owed to us.

Please review the invoice within five business days. If you do not object with substantiated reasons within five business days, the invoice is deemed accepted. Objections to the invoice do not suspend your payment obligation.

Our payment term is 30 days from the invoice date. Payment must be made without deduction or set-off.

In case of late payment, we may send a reminder requesting payment within 14 days. If that is ignored, we may send a formal notice with statutory interest and collection costs. In the rare event of non-payment, all costs (including legal fees and/or collection agency costs) are recoverable from the counterparty. In addition, all our remaining obligations towards you lapse and licences on created works are revoked.

All (partial) products we deliver remain our property until you have fulfilled all obligations under the agreement. The agreements regarding copyright and the usage licence continue to apply.

Digital products are delivered through a channel designated by us , for example WeTransfer, our own upload environment or a platform designated by the client. We believe in quality over quantity; a number of delivered images or video assets is not fixed in advance. Feedback on the selection is welcome; objections to the size of the selection are not grounds for remediation.

When physical products are delivered, arrangements are made per assignment. Without deviating agreements, you may collect the products at our office.

Delivery times are stated as accurately as possible but serve as an indication rather than a fixed deadline. We do our best to perform within the stated time. From the moment of shipment or delivery, the delivered products are at the counterparty’s risk.

You are not entitled to damages for exceeded delivery times unless expressly agreed or unless the delay directly results from our gross negligence or intent. We may deliver in parts.

When you take out a subscription or bundle with us, you typically do so for a longer period. If no period is specified, a minimum duration of one calendar year applies. The subscription consists of a fixed amount per month, quarter or year, payable in advance; variable costs are invoiced separately.

If you fail to pay on time, we start a collection process after 14 days. Unspent credit within a bundle is valid for 60 days from the moment of allocation.

We may unilaterally change the subscription amount. We announce this 30 days before the new amount takes effect; within those 30 days you may cancel free of charge. After the minimum term, the subscription is automatically extended for an indefinite period, with a mutual notice period of 30 days.

The minimum single-assignment size within a subscription is two consecutive hours. Operational costs (including travel) are billed separately and cannot be deducted from bundle hours.

We welcome feedback, ideally within ten business days of delivery. We endeavour to offer a suitable solution. One free revision round is included with every assignment as standard. After the ten-day window, the work is considered fully accepted and you are in principle no longer entitled to repair, replacement or other compensation.

If you have approved a proof, the right to object to that outcome lapses. Minor deviations in colour, quality and form of delivered products or designs, and differences between screen rendering and actual output, are not grounds for rejection, dissolution or compensation.

The limitation period for any of your claims and defences against us and any third parties involved in the agreement, insofar as not falling under the duty to notify, is one year.

Force majeure arises when external causes prevent performance of the assignment. Force majeure includes: strikes at our company or third parties, delayed delivery by our suppliers, weather conditions that make safe execution impossible, general electronic or internet outages and government measures.

In case of force majeure, we may postpone execution. If this period lasts longer than two months, either party may dissolve the agreement without any obligation to pay damages.

Costs already incurred may be invoiced in the event of force majeure.

An assignment agreement arises when we both agree, when we confirm the agreement in writing, or when we have already started execution.

During execution we work independently and according to our own creative and technical judgement. We welcome guidance and briefings but perform without on-site supervision.

You ensure that we receive in good time all information, accreditation and resources needed for proper execution. You are responsible for the accuracy of this information and for a safe working environment. Specifically:

• A lockable space where equipment can be safely stored during the assignment (with key or pass for our crew).
• For direct-delivery workflows: a stable internet connection with sufficient bandwidth.
• Adequate power (230V) and a workstation for our on-site editors.
• For livestream: enhanced requirements for redundancy and stability, details are agreed in writing before the assignment.

The absence of these facilities may have consequences for the assignment or lead to a fee for any damage to or loss of equipment.

Any changes to the assignment that have not previously been discussed are invoiced separately. We may have the assignment performed in whole or in part by third parties; we ensure a careful selection. You also agree that we provide services to other clients as well, including possible competitors.

It is not permitted to directly approach, recruit or employ our staff, freelancers or other independent service providers we have engaged. This prohibition applies during the assignment and for twelve months after its completion. Any breach results in a liquidated damages payment of [€10,000], without prejudice to our right to compensation for actual damages.

All copyright and intellectual property rights in works created by Shotmaniacs, including plans, documents, images, drawings, animations, videos, livestream recordings, websites and concepts , remain fully with us, even where costs have been invoiced, unless expressly agreed otherwise in writing.

If a third party requests to purchase or receive content from you, you are obliged to refer that party to us.

Once you have fulfilled all obligations under the agreement, you receive a non-exclusive, royalty-free commercial licence for the works delivered. Unless agreed otherwise, this use is unlimited in time, placement and territory for your own commercial and promotional purposes, such as publication on your website, social media, print and presentations.

You are not entitled to sell or transfer the delivered work to third parties. Sublicensing, resale or third-party use requires prior written consent from Shotmaniacs.

It is expressly not permitted to modify our works without consent, including removing our name, altering colours beyond reasonable production limits or applying filters. Metadata (EXIF) and credit information may not be stripped upon transfer or publication.

RAW files are only provided against an additional fee that covers the associated rights. Editing, distribution or onward supply of RAW files without consent is prohibited.

The use of works delivered by us for AI training, AI editing, AI upscaling or related technologies is not permitted without prior written consent.

Any use not expressly agreed constitutes infringement of our copyright. In case of infringement, we are entitled to a fee of at least three times (300%) the invoice amount of the relevant assignment, without prejudice to our right to compensation for all other direct and indirect damage and (out-of-court) costs. In case of misuse of the licence, we may revoke it with immediate effect.

We appreciate attribution when our works are published, but do not treat this as a contractual obligation unless expressly agreed. When attributing, we prefer the reference “© Shotmaniacs” or “Shotmaniacs”. On social media you can find us at @shotmaniacs; our website is shotmaniacs.com.

You are responsible for obtaining portrait rights and other third-party rights required for the intended use of the works we deliver. You indemnify Shotmaniacs against any third-party claims arising from the use of works we produced for you. Costs resulting from such claims are for the client’s account.

Our liability is limited to what is regulated in these terms. We are not liable for damage arising from incorrect or incomplete information from your side, nor for loss, theft or damage to property and/or persons, nor for typographical or spelling errors.

Our liability is in any event limited to the amount our insurance pays out, or, if no insurance payout is made, to the amount invoiced to you over the last two calendar months of the (partial) assignment to which the liability relates.

Where liability is accepted, this applies solely to direct damage: (1) reasonable costs to determine the cause and extent of the damage, (2) reasonable costs incurred to remedy defective performance attributable to us, and (3) reasonable costs incurred to prevent or limit further damage. We are never liable for indirect damage, including consequential loss, lost profit, missed savings and damage from business interruption.

You must have sufficient insurance against risks that may arise from execution of the assignment, including damage to equipment from power supply failures and damage caused by audiences to equipment or property during preparation, assignment and conclusion.

We provide no warranties on our performance or on third-party products. The limitations of liability do not apply in case of intent or gross negligence on our part.

We and the parties we engage are indemnified by you against third-party claims for damages resulting from the performance of our work.

This indemnification also applies to intellectual property that may rest on material, data or imagery supplied by you.

You guarantee that all information carriers, electronic files and software you provide us are free of viruses and defects, and indemnify us against any damage resulting from the use of these files.

You remain responsible during and after the assignment for the processing of personal data that you share with us. You must inform us and keep us informed of obligations that may impact our services.

We treat personal data received strictly confidentially and use it only for the purpose of the assignment. We comply with the General Data Protection Regulation (GDPR) and respect the rights of individuals whose data is processed.

As a rule, we retain works produced and delivered for one year. Long-term archiving can be agreed against an additional fee.

In case of cancellation by the counterparty, Shotmaniacs is entitled to invoice the agreed fee according to the schedule below. The same applies to postponement of a planned assignment, insofar as it cannot be rescheduled within two weeks.

• More than 30 days before execution date: no cancellation fee, except for costs already incurred (preparation, crew bookings, rentals).
• Between 30 and 15 days before execution date: 50% of the invoice amount.
• Between 14 and 3 days before execution date: 75% of the invoice amount.
• Less than 72 hours before execution date: 90% of the invoice amount.

If actually incurred costs exceed the above percentages, those actual costs may be invoiced. The above cancellation policy also applies where an assignment cannot be executed in whole or in part due to a pandemic or comparable situation; no invocation of force majeure or changed circumstances can be made on that ground.

All information, documents and goods you share with us are treated confidentially and are not shared in ways that could harm you. We expect the same from you.

We will not make negative statements about you or harm your reputation. We expect the same in return.

We are entitled to promote our collaboration with you as a client, including references in cases, portfolio, presentations and social media, provided no confidential or sensitive information is shared.

If the safety of our crew or equipment is at risk during execution, we are entitled to terminate the agreement immediately and invoice the full amount plus any additional costs incurred.

Lasers

Lasers can cause irreparable damage to camera equipment. We appreciate a good laser show, but place the risk of damage with the client. Where lasers are used on location, regardless of class , the following conditions apply:

• Lasers may only be used above the audience. The safety zone is the height of audience, technicians or front-of-house position (whichever is highest above the fixed floor) plus two metres.
• When lasers project exclusively outside this safety zone, the risk of laser damage remains with the photographer or camera operator concerned.
• If lasers project into the safety zone or into the audience, the risk lies with the client. Repair and consequential costs are passed on. Previously agreed deliverables remain in force; the invoice is not adjusted.

Other effects

The use of smoke, fire, liquids, confetti, powders or other high-risk materials at locations where we work is only permitted after written coordination so that we can take suitable equipment protection measures.

We may suspend or terminate the agreement in whole or in part , without any obligation to pay damages, when:

• you fail to fulfil obligations under the agreement in whole, in part or on time;
• after conclusion of the agreement it can reasonably be feared that you will not fulfil your obligations;
• there is misuse or improper use of products or services delivered by us;
• the agreement conflicts with laws or regulations, or could in our view harm our reputation.

In these cases you are obliged to pay damages or compensation and are liable for any damage that has directly or indirectly arisen at our end. Upon termination, all our claims become immediately payable.

In case of liquidation, (application for) suspension of payments or bankruptcy, we may terminate or cancel the agreement immediately without any obligation to pay damages.

We may amend these terms and conditions. You will be informed of amendments as soon as possible. Until then, the terms you have agreed to remain in force.

All legal relationships to which these terms and conditions apply are governed by Dutch law. Disputes are submitted exclusively to the competent court in the Netherlands.