TERMS AND CONDITIONS
Lisa Huiberts’ terms and conditions for booking sessions, registered at the Kamer van Koophandel under number 65213211
GENERAL
If a booking agreement is reached between the client and Lisa Huiberts all the terms and conditions stated below will apply in all situations. Unless a written agreement states otherwise, the clients terms and conditions are ancillary to those of Lisa Huiberts.
BOOKINGS
A booking agreement is an agreement between the client and Lisa Huiberts. Lisa Huiberts undertakes to deliver pre-production, production and post production, unless a written agreement states otherwise; the client agrees to pay Lisa Huiberts voor the service provided by Lisa Huiberts. The booking agreement is established when the client agrees to purchase her services (by way of a booking) and publication rights for a determined amount. (invoice amount)
The invoiced amount is the sum of the fee consisting of the standard rates, expenses and supplementary costs.
Lisa Huiberts can be booked for a day; half day or by the hour.
OPTIONS / BOOKINGS
The client can take an option on a booking with Lisa Huiberts. The option should be turned into a confirmed booking at least 24 hours before the time for which the option is booked. If not confirmed in time, the option will automatically expire.
Should another client wish to employ Lisa Huiberts for the same days, the first option holder must, after receiving notice hereof, decide within 24 hours whether or not to convert the option into a confirmed booking. Should the option not be converted into a booking agreement the other option holder can employ Lisa Huiberts for the date. A booking agreement is binding and cannot be canceled free of charge.
“FINE WEATHER” BOOKING
Should a client, when making a booking clearly indicate that the booking is subject to the weather being fine, this booking can be canceled free of charge for one time only. Should this “fine weather” booking be canceled for a second time, the client will be invoiced for half of the total amount due. At a third cancellation the total amount due will be invoiced regardless of the time elapsed since the previous booking.
CANCELLATIONS
Should the client cancel the booking, the fee is due irrespective of the clients’ circumstances. 100% of the standard fee is due if the cancellation occurs on the day of the booking. 50% of the standard fee is due when the cancellation does not occur on the day of the booking.
For a booking of multiple days, paragraph 1 is applicable mutatis mutandis, considering the cancellation period is as long as the booking period.
STANDARD FEES
Without any other written or verbal communication from Lisa Huiberts, her standard fees are binding.
The standard rates consist of a fee for services denominated in:
a. Daily rate: this fee is charged for a booking of 1 full day. Lisa Huiberts makes herself available to the client for 8 hours.
b. Half day rate: a half day rate comprises 4 working hours and should thereof end at or before 13.00 or otherwise start at or after 14.00.
c. Hourly rate: this fee will be the minimum charged per booking. Bookings of 1 hour or less will have a 50% supplement, work meetings immediately prior to the booking will be exempted from this fee.
d. Overtime rates: when a production takes longer than the agreed time period, the standard hourly rate will be applied for every hour worked extra.
The client has the duty to disclose to Lisa Huiberts any change and/or modification and/or transformation, in which the material and/ or publication rights are used other than as already stipulated in a written agreement between the client and Lisa Huiberts.
SUPPLEMENTARY PAYMENTS
In the event of the following services, on the already stated standard fees, Lisa Huiberts will charge the following supplementary payments;
a. Work done between 00:00 and 08:00 will be charged at two times the standard rate.
TRAVEL
For bookings in The Hague no travel time will be charged except for bookings based on the hourly rate. For half day bookings outside The Hague the travel time will be charged at the standard hourly rate. For bookings of an hour outside The Hague a half day booking fee will be charged.
Should Lisa Huiberts incur travel costs during the pre-production, production and post- production stages of a booked session, in or outside The Hague or should the work or meetings take place outside The Hague, the client will pay all travel costs incurred: in the case of transport by train the remuneration will be based on the price of an NS first class ticket, in the case of transport by car a kilometer rate will be maintained and parking fees must be remunerated, in the case of air transport an economy class ticket must be remunerated and all taxi costs will be charged to the client.
All Travel and accommodation costs for travel abroad will be fullly paid for by the client.
For days spent travelling 50% of the standard daily rate will be charged.
All stated remunerations are excluding VAT.
PAYMENTS
Should the client not make a written and motivated complaint within 8 days after the invoice date, he or she is deemed to be in agreement with the content of the invoice. Thereafter the client is not entitled to suspend his/her obligations arising from possible claims.
The client is held to pay the amount on the invoice in full within 14 days of the date stated on the invoice. The amount on the invoice should be transferred to the bank account of Lisa Huiberts, bank number NL05INGB0702151017 quoting the invoice number.
All costs incurred by Lisa Huiberts whilst exercising her rights, including all (extra-)judiciary costs and collection costs, are payable by the client, without any summons or notice of default. Said (extra-)judiciary collection costs include at least 15% of the due sum with a minimum of €70,- and on top of that postage costs for each individuallly claimed invoice sum.
Should Lisa Huiberts incur an costs, (extra-)judiciary costs or any other relevant charges to prove the client has not complied by the conditions of the booking, only if so proven, then the costs will be borne by the client.
The client is, at all times, responsible for the payment of the sum stipulated on the invoice.
HONORARIUM WITH EXCLUSIVITIES
Should the client make known at the time of a booking to expect a mood board from Lisa Huiberts, a special rate shall be calculated for this service. For any other shape or form of art direction for the purpose of an advertising campagne/fashion shows/video clips/(press)conferences, Lisa Huiberts shall make additional written agreements in regard to the honorarium.
LIABILITY
Lisa Huiberts is not liable for any damage whatsoever which may or may not have been caused when an external party does not fulfil or only partly fulfils an agreement between the client and the external party, regardless of whether this external party is working there via Lisa Huiberts.
PENALTY CLAUSE
Should the client not fulfil his or her duty of disclosure and/or payment obligation in full, the client is owed towards Lisa Huiberts an immediate payable penalty of five times the invoice sum for each default by the client, without a notice of default.
DISPUTE RESOLUTION
All disputes arising from a booking with Lisa Huiberts is subject to Dutch Law and shall be brought before the competent court in The Hague.