Terms and Conditions
Effective Date: August 3, 2026
1. Who you are contracting with
This project is administered through SMart Coop – Productions Associées asbl, Rue Coenraets 72, 1060 Saint-Gilles, Belgium. Company number 0896.755.397. VAT BE 0896.755.397.
Services are carried out by Dmytro Derkach, photographer, trading as Derkach Photography, Rue des fuchsias 40, 1080 Molenbeek-Saint-Jean, Belgium, member (sociétaire) of SMart Coop.
Contact: info@derkach-photo.com — +32 473 36 76 18
2. Quotes and booking
Every assignment starts with a written quote listing the scope, the number of finished images, the delivery timeline and the usage rights granted.
A quote is valid for 30 days. The booking is confirmed when you accept the quote in writing. Dates are held only once the booking is confirmed.
3. Prices and payment
All prices are stated excluding VAT (HTVA). Belgian VAT is added where applicable.
Invoices are payable within 30 days of the invoice date. Late payment carries statutory interest under the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, plus a fixed recovery fee of 40 EUR.
For assignments above 1 000 EUR a deposit of 30% is invoiced at booking. This deposit is non-refundable if you cancel within 7 days of the shooting date.
4. Cancellation and rescheduling
You may reschedule free of charge with at least 48 hours' notice.
Within 48 hours of the shoot, 50% of the fee remains due. On the day itself, the full fee remains due.
If I cannot attend for reasons of illness or force majeure, a new date is agreed at no cost, or all sums paid are refunded in full. My liability in that case is limited to the amounts already paid.
5. Delivery
Finished images are delivered through a private online gallery.
Standard delivery is 72 hours for portrait assignments and 5 working days for event assignments, counted from the day after the shoot.
For beauty, jewellery and reflective-product work the delivery time is calculated against volume and stated in the quote, because part of the retouching is carried out by an external specialist — see section 7.
Files are kept available for 12 months. Within that period a lost file is re-issued free of charge. After 12 months no obligation to store the files remains.
6. Selection and revisions
You select the images to be finished from a full gallery of successful frames. The number of finished images is the number stated in the quote; additional images are charged at the rate in the price list.
One round of revisions is included on each finished image. Revisions concern technical execution — colour, cleanup, crop. A change to the creative direction agreed before the shoot is a new assignment.
7. Retouching by an external specialist
High-end retouching of beauty, jewellery and reflective-product images is carried out by an external professional retoucher acting as a sub-processor within the meaning of Article 28 GDPR, bound by a confidentiality and data-processing agreement.
Only the images you have selected are transferred, through a secure link, and are deleted on delivery.
You may request that retouching be carried out entirely in-house; the timeline and the rate are adjusted accordingly.
8. Usage rights
Copyright remains with the photographer under the Belgian Code of Economic Law, Book XI. You receive the usage rights stated in the quote.
Unless stated otherwise, the licence covers web and social media use, unlimited in time, worldwide.
Print campaigns, outdoor advertising and resale to third parties require a separate licence. Images may not be modified in a way that alters their substance, nor transferred to third parties, without written agreement.
9. Portfolio use
I may show the images in a portfolio, on this website and on social media, unless you exclude this in writing before the shoot. For assignments under embargo the exclusion applies automatically until the embargo lifts.
10. Persons appearing in the images
Where identifiable persons appear, you are responsible for obtaining their consent to being photographed and to the intended publication. For persons under 18 the written consent of both parents or legal guardians is required.
11. Location, access and safety
You provide access to the location at the agreed time and ensure that shooting is permitted there. Waiting time caused on your side is charged at the hourly rate stated in the price list. I may decline to shoot where the conditions are unsafe.
12. Liability
My liability is limited to the amount invoiced for the assignment concerned. I am not liable for indirect loss, including loss of profit or loss of opportunity.
In the event of total technical failure of the equipment during a non-repeatable event, liability is limited to a refund of the sums paid.
13. Applicable law and jurisdiction
Belgian law applies. Disputes fall within the jurisdiction of the courts of Brussels. We will attempt an amicable settlement before proceeding.