Terms of service

The following terms and conditions apply to any agreement signed between by_janekate and the client.

1. Booking fees

1. 1 All booking fees are to be agreed upon by_janekate beforehand. All fees are defined including agency fee and excluding VAT.

1.2 Travel time will be paid out to a maximum of 8 hours per day at 50% of the hourly rate. Pre-production meetings are paid out only in case this is agreed in writing in advance.

2. Options 

Every option by_janekate is without obligation. Options need to be confirmed by the client,  confirmed bookings take precedence over options. The agreement with the contractor is formed only after written confirmation of the assignment by_janekate.

2. Daily and hourly rates 

Photography: 1 day = 8 hours 0,5 day = 4 hours 

Film: 1 day = 10 hours 0,5 day = 5 hours

3. Overtime

Overtime is charged as follows:

Overtime between 08:00 and 24:00hrs is charged at 1/8 of the daily rate a 150%, per hour. Overtime between 24:00 and 08:00hrs is charged at 1/4 of the daily rate a 200%, per hour.

4. Travel expenses

No fee will be charged for bookings in Amsterdam or Paris except parking costs. For all other locations, an additional fee of € 0,25 will be charged per kilometer outside Amsterdam.

5. Cancellation fees

If cancelled within 24 hrs of shooting date, charge of 100% of total fee. If cancelled within 48 hrs of shooting date, charge of 50% of total fee. If cancelled or postponed within 96 hrs of shooting date, charge of 25% of total fee.

100% of costs that are already made at the time of the cancellation and with costs that at that time can no longer be cancelled.

6. Weather related cancellations

Bookings that require favorable weather conditions need to be clearly indicated as such by the client beforehand. Only in that case, the client is allowed to cancel free of charge when weather conditions do not meet expectations.

7. Payments

7.1. The client will be invoiced by_janekate on the artists behalf. Payments are due within 30 days after the invoice date. The invoice amount is to be paid to the bank account of by_janekate including the invoice reference.

7.2. Any additional expenses made by the artist or by_janekate  in order to prove the client's failure of honoring agreed booking conditions are charged to the client. This only applied to proven cases.

7.3. If the client does not submit a written and motivated complaint within 7 days of the invoice date, he is deemed to fully agree with the contents of the invoice received. Otherwise the client is not entitled to suspend his obligations on the basis of any complaints.

7.4. The client remains responsible for the payment of the invoice at all times.

8. Artificial Intelligence Photography

a. Prohibition of Use for AI Training
The Client agrees not to use, nor allow any third party to use, photographs, videos, or any other visual media created by the Photographer to train, develop, or enhance artificial intelligence models, particularly those intended to generate images, videos, or digital content.

b. Limitation on Reproduction and Modification Rights
The use of the images is strictly limited to the specific usage rights expressly granted in writing. Any digital transformation, modification, or adaptation using artificial intelligence technologies (including but not limited to image generation based on the original, video synthesis, deepfakes, or manipulation of composition, lighting, or style) is prohibited without prior written consent and specific financial compensation.

c. Protection of Copyright and Data
The Client acknowledges that the Photographer’s work is protected under applicable copyright laws. Any extraction, analysis, or use of the images for AI-related purposes, including dataset creation or style replication, is strictly prohibited without explicit written consent.

d. Sanctions for Non-Compliance
In case of non-compliance with this clause, the Photographer or their Agency reserves the right to:
• Demand compensation amounting to at least 100% of the original contract fee
• Initiate legal action for violation of copyright and intellectual property rights
• Demand the immediate removal of any content generated from the original image

9. Liability

by_janekate is not liable for damage which may have occurred if the artist has not or not satisfactorily fulfilled any agreement whether or not through the intervention of by_janekate between the client and the artist. The client is liable for all damage that may result for the artist or by_janekate from a (booking)agreement.

10. Dispute settlement

All disputes resulting from present agreement are assessed under Dutch law and must be brought to the competent court in Amsterdam.

by_janekate is registered with the Amsterdam Chamber of Commerce KVK 7864.5662