1.1 Photographer: ESSENCE OF YOU by Anja Maesen, located at 3550 Heusden-Zolder and with CBE number BE0705.643.821, also a user of these terms and conditions and the contractor, with the following contact information: anja@essenceofyou.be.
1.2 Client: the legal entity or individual(s) with whom the Photographer has entered into the Agreement, who also accept these terms and conditions.
1.3 Agreement: the contract for services between the Photographer and the Client.
1.4 Assignment: the service or product to be provided by the Photographer.
1.5 Product: any physical or digital product sold by the Photographer.
1.6 Statutory Right of Withdrawal: the right of a consumer to withdraw from a distance contract within 14 days, in accordance with Article VI.47 et seq. of the WER.
1.7 Statutory Warranty Period: the two-year period during which a warranty is provided to a consumer in the event that the Products ordered online are defective, in accordance with Article 1649bis et seq. of the Civil Code.
1.8 Intellectual Property Rights: all intellectual, industrial, and other property rights (whether registered or unregistered), including but not limited to copyrights, neighboring rights, trademarks, trade names, logos, designs, domain names, and know-how. These are in accordance with the applicable provisions of Book XI “Intellectual Property” of the WER.
Article 2. Application
2.1 These Terms and Conditions apply to all legal relationships between the Photographer and the Client, as well as to all Invoices, quotations, and Agreements.
2.2 Any terms or conditions set forth by the Client that deviate from or are not included in these general terms and conditions shall be binding on the Photographer only if and to the extent that the Photographer has expressly accepted them in writing.
2.3 In the event that applicable terms and conditions conflict with one another, the
the following order of priority:
Order Confirmation
Quote
Terms and Conditions for ESSENCEOF YOU by Anja Maesen
2.4 If any provision of these general terms and conditions is found to be invalid or voidable, the remaining provisions and the agreement shall remain in full force and effect. In lieu of any invalid provisions, new terms and conditions shall be established that are legally valid and reflect the original intent as closely as possible.
2.5 These general terms and conditions automatically apply to any subsequent agreement between the parties, unless otherwise expressly agreed in writing.
Article 3. Offer of the Assignment
3.1 The Photographer makes an offer for an Assignment in the form of a Quote, which may also take the form of a price list on the website, an email, an introductory meeting, or a brochure. Prices are quoted in euros and include VAT, unless otherwise stated.
3.2 Quotes are subject to change due to (unforeseen) changes in the scope of work or increases in the cost of raw materials or supplies. The Photographer will notify the Client of such changes as soon as possible. The valid offer is the one in effect at the time the Client accepts it.
3.3 Unless otherwise agreed, the offer expires on the 31st day following the date it was sent by the Photographer.
3.4 Obvious errors or mistakes in the Photographer’s offer are not binding on the Photographer.
Article 4. Acceptance and Formation of the Agreement
4.1 The Client must explicitly accept the offer in writing. If the Client fails to do so but nevertheless agrees to the offer—or at least gives that impression—to the extent that the Photographer performs work under the Agreement, the offer shall be deemed accepted.
4.2 The Photographer reserves the right to refuse an Assignment if, after acceptance, new information comes to light that makes the performance of the Assignment unacceptable to the Photographer.
4.3 Once accepted, the Agreement may only be amended by mutual consent. In such a case, the Photographer is entitled to adjust the price payable under the Agreement.
4.4 An agreement between the Photographer and the Client regarding the delivery of photographs and other visual material is only concluded upon written confirmation by the Photographer.
4.5 The agreement between the Photographer and the Client is entered into for one specific date or multiple dates. Only these dates are booked by the Photographer and are definitively confirmed via a confirmation email upon payment of the session fee.
4.6 The reserved shoot date remains on hold for the Client for up to 3 days after the date of the quote. The agreement is finalized upon receipt of the advance payment. This advance payment amounts to 100% of the total invoice amount and must be paid within 14 days of the written acceptance of the assignment. If the advance payment is not received within 3 days of the quote date, the shoot date becomes available for booking by another client.
4.7 The agreement between the Photographer and the Client concerns a leisure service with a specific date of performance. Pursuant to Article VI.53, 12° of the WER, the statutory 14-day right of withdrawal for consumers does not apply to reservations made with ESSENCE OF YOU by Anja Maesen, as these are services performed on a specific date or during a specific period and for which the Photographer reserves studio capacity and time.
By making a reservation, the Customer declares:
agree to set a specific date and time for the photo shoot;
please understand that this date will be scheduled and reserved for you personally;
agree that, once confirmed, the statutory right of withdrawal cannot be exercised.
Article 5. Performance of the Assignment
5.1 The Assignment will be carried out by the Photographer at her own discretion and on an independent and autonomous basis, regardless of any general recommendations from the Client. The Photographer will carry out the Assignment to the best of her knowledge and ability and in accordance with the standards of good professional practice, in the style in which she customarily works. This constitutes an obligation of effort. The Photographer will act to the best of their ability under the circumstances during the photo shoot. The Client shall make these circumstances as favorable as possible and take necessary measures, including, but not limited to, instructing other persons present.
5.2 The portion of the Assignment consisting of the photo shoot will take place on the agreed-upon date at the ESSENCE OF YOU by Anja Maesen photo studio in Heusden-Zolder, with the Photographer present for the agreed-upon number of consecutive hours.
5.3 The Photographer will edit the photos ordered during the design session in accordance with the brand guidelines and using the editing expertise and style of ESSENCE OF YOU by Anja Maesen. Additional edits may be performed upon request and for a fee. No unedited photos will be delivered or sold.
5.4. If the Customer orders a photo album, the Customer may request changes to the album up to two times. These changes must be reasonable and limited to replacing photos with others from the same series that have different numbers. More significant changes, such as alterations to the layout of the design, are only possible upon request and for an additional fee. The changes must be communicated as soon as possible and no later than within 1 week.
5.5 The Photographer will not have photo albums printed until the Client has approved the design and post-processing.
Article 6. Delivery and Receipt
6.1 Unless otherwise agreed, the Photographer provides estimated delivery times. The goal is to deliver images and any photo products within 60 days of the design session. The Photographer will notify the Client in advance via email of any products with a longer delivery time and of the new estimated delivery time.
6.2 The images taken will be presented within an estimated 7–21 days after the photo shoot during the design session, where the Photographer will guide and advise the client on selecting photos. This is for the purpose of selecting photos, products, or a photo album for ordering.
6.3 If a photo album has been ordered, a first draft will be submitted digitally within 4 weeks of the photo selection. If the Client requests changes—in which case reference is made to Article 4.4—the Photographer will submit a new draft no later than 2 weeks after the request for changes. The Photographer will have the photo album printed by the third-party company with which he usually collaborates, as soon as the Client has approved the design and the invoice for the selected photo products has been paid.
6.4 All photo products will be delivered within 8 weeks of payment of the invoice, to be picked up by the Customer at the ESSENCE OF YOU by Anja Maesen photo studio. Delivery times may vary depending on the chosen material.
6.5 The ordered digital photo files will be delivered via digital download or on a USB drive, if agreed upon. The Customer is solely responsible for the digital storage of all purchased digital files. The Customer is advised to back up the digital files on an additional external hard drive and in cloud storage for maximum protection.
6.6 Delivery will not take place until payment for the relevant products has been received. Delivery periods begin upon receipt of payment from the Customer for the relevant service or Product, or upon receipt of the advance payment, if applicable.
6.7. Unless otherwise agreed, physical goods are delivered by the Customer picking them up. If shipped by mail, the costs of express shipping are borne by the Customer. Photos or other media sent by mail are at the Customer’s risk from the moment of shipment. The Photographer is not liable for delays, theft, loss, and/or damage caused by bpost or any other third party. The Photographer delivers only within Europe. If the shipment containing the order is returned to the Photographer because the Customer provided an incomplete or incorrect delivery address, the Customer may not claim compensation. At the Customer’s request, the order will be reshipped, and the Customer must pay the shipping costs again.
6.8 Upon receipt of each part of the Order, the Customer shall approve the service or product, or raise an objection if the service is unsatisfactory. If one week passes without either action being taken, this shall be deemed approval.
6.9 Given the custom nature of the order, the Customer may not cancel it.
Article 7. Warranty on Purchased Photos
7.1 The digital files of purchased photos will be stored in the Photographer’s archive for a minimum of five (5) years. The Client may order a replacement or additional product from the Photographer up to five years after the date of purchase, subject to the fees in effect at that time.
7.2 The warranty set forth in paragraph 1 applies only to photographs that have been ordered and paid for by the Customer.
Article 8. Information and Cooperation
8.1. The Parties shall cooperate fully and, upon request, provide each other with all information and details relevant to the proper performance of the Assignment in accordance with their mutual needs.
Article 9. Compensation
9.1 If no fee has been agreed upon, the Photographer’s standard fee shall apply. For online purchases, the prices listed on the website apply.
9.2 If it is plausible that the Photographer has incurred reasonably necessary additional costs and/or performed additional work, the Photographer will charge these costs to the Client. All travel expenses, such as transportation tickets, lodging, and catering, are the responsibility of the Client. Travel time and travel expenses may be charged at up to 100% of the fee for the related services.
9.3 All amounts quoted by the Photographer include VAT, unless otherwise agreed.
9.4 If the Client fails to provide the information necessary for the performance of the Assignment in a timely manner, even though such information is required, the Photographer is entitled to charge appropriate compensation.
9.5 Free Work is an agreement under which the Client poses and subsequently receives photographs without being required to pay any compensation. The Photographer decides independently whether a photo session falls under the Free Work status, including after delivery. In such cases, the provisions of Article 14 (Intellectual Property Rights) remain fully applicable.
Article 10. Terms of Payment
10.1 The Photographer will issue an invoice for services or products. This invoice must be paid within 14 calendar days of the invoice date, unless otherwise agreed. Payment must be made without the right to claim any discount, set-off, or suspension.
10.2 Unless otherwise agreed, 100% of the total amount is required as a deposit prior to the performance of the Assignment.
10.3 If the Client fails to show up for a photo shoot without prior notice, the full amount must still be paid. If the Client arrives more than ten minutes late, the Photographer may shorten the shoot by the amount of time lost and still charge the full agreed-upon fee.
10.4 No use of the Photographic Work is permitted until the Client has paid any outstanding invoices from the Photographer.
10.5 In the event of late payment, the Client shall, by operation of law and without notice of default, owe late payment interest of 12% per annum on the outstanding invoice amount, as well as a lump-sum compensation of 15% with a minimum of €75.00, unless the Photographer can demonstrate greater damages.
10.6 If the Client fails to fulfill or adequately fulfill its obligations, all costs incurred by the Photographer in seeking satisfaction, whether through legal proceedings or otherwise, shall be borne by the Client.
Article 11. Delay and Force Majeure
11.1 If the Client wishes to reschedule the date of an already confirmed Quote to a different time, for any reason whatsoever, the Photographer will charge an administrative fee of €250. Rescheduling is only possible if the Photographer is still available. If the Photographer is not available on the new date, the Assignment shall be deemed canceled, and the provisions of Article 12.3 shall apply.
11.2 Neither party shall be liable for any delay or failure to perform its contractual obligations if such delay or failure is attributable to an event beyond its control and the consequences of which could not reasonably have been foreseen at the time the Agreement was entered into.
11.3 In the event of serious circumstances, illness, or an accident that prevents the Photographer from carrying out the Assignment on the agreed date, the Photographer will, if possible, agree on a new date. The Photographer will notify the Client of the delay as soon as possible and no later than 24 hours in advance, except in cases of force majeure. In such a case, the Photographer is not obligated to pay any compensation to the Client. In the event of serious circumstances that make it impossible for the Client to fulfill his or her part of the agreement on the agreed-upon date, the Client shall immediately notify the Photographer, and a new date may be agreed upon by mutual consultation no more than three times.
11.4 In the event of force majeure that prevents the Assignment from being carried out, the Photographer is entitled to terminate the Agreement. In such a case, the Client is obligated to compensate the Photographer for the work already performed.
11.5 Force majeure includes, but is not limited to: loss of original digital files due to a system crash, war, mobilization, atmospheric disturbances, floods, storm damage, fire, equipment failure, strikes, government measures, failure of third parties to deliver materials, and other circumstances unforeseeable at the time the Agreement was entered into that render performance impossible.
11.6 Cancellation due to a pandemic: Costs already incurred may be carried over to the new date, which the Client must specify. If the new date falls in a different year, the Photographer reserves the right to adjust the rates for the remaining hours to be worked. In the event of cancellation due to a pandemic, all costs already incurred (internal and external) will be charged in full.
Article 12. Cancellation and Suspension
12.1 If an invoice is not paid within the payment term, the Photographer may, after notifying the Client, suspend all work until the amount is paid.
12.2 Any suspension or termination of the Agreement must be made in writing.
12.3 If the Customer cancels an Agreement relating to a photo shoot, the following fees will apply: for cancellations made more than 72 hours in advance: 25% of the total price, plus any costs already incurred; for cancellations made up to 48 hours in advance: 50% of the total price, plus all costs incurred; for cancellations up to 24 hours in advance: 75% of the total price, plus all costs incurred; for cancellations on the day of the event or within 24 hours prior: 100% of the total price
12.4 A service that has already been fully performed, or digital Products that have already been delivered, must always be paid for in full. For a service that has been partially performed, payment must be made in proportion to the full service.
12.5 The obligation to pay also applies if the Customer does not wish to make use of the services or products already produced under the Agreement.
12.6 Photo orders and custom products cannot be canceled or returned.
Article 13. Right of Withdrawal
13.1 Non-digital products purchased through the website may normally be canceled free of charge within 14 days of receipt if the Customer is a consumer. However, given that orders always involve custom-made Products (photo prints, canvas prints, photo albums, etc.), this right of withdrawal is excluded. The right of withdrawal is also excluded for orders of services that have already been (partially) performed.
13.2 To exercise the right of withdrawal (where applicable), the Client must notify the Photographer of their decision to withdraw from the agreement by means of an unambiguous statement (in writing by mail or email) before the expiration of the withdrawal period.
13.3 If the returned Product has lost value, the Photographer reserves the right to hold the Customer liable for that loss in value.
13.4 If the Client cancels the agreement, the Photographer will refund all payments received up to that point within 14 calendar days, using the same payment method as the original transaction.
Article 14. Intellectual Property Rights
14.1 The copyright and other intellectual property rights to all works developed in connection with the Assignment are vested in the Photographer, in accordance with Book XI, Title 5 of the Dutch Copyright Act.
14.2 The Photographer shall not use the works created for his own promotional purposes or publications without prior consent. For photographs in which the Client or Extras are recognizable, the terms of Article 15 apply at all times. The Photographer may use other works in which no persons are recognizable for his own promotional purposes and publications, including but not limited to: website, portfolio, advertisements, social media, magazine articles, printed materials, and trade show materials.
14.3 The Client is authorized to use the delivered Products and photos for the purposes agreed upon in advance. This license applies only to the expressly agreed-upon method, form, and purpose of use, as well as the territorial scope, and is valid for a period of one year. With every post on social media, the Client must mention the Photographer’s name by tagging @essenceofyou_anjamaesen and crediting the Photographer in the caption.
14.4 In any other publication or reproduction of a Photographic Work, the Photographer’s name must be clearly stated or included with a reference to the work.
14.5 The Client is not permitted to reproduce the photographs or otherwise make them public outside the private sphere. The Client is expressly prohibited from using the photographs for business or commercial purposes without the Photographer’s prior written consent.
14.6 Digital or analog editing or modification of the delivered works is not permitted without the Photographer’s prior written consent. Applying filters to the photos is also not permitted. This does not apply to mandatory cropping on social media platforms such as Facebook.
14.7 Unless otherwise agreed, the Customer is not authorized to grant sublicenses to third parties or to transfer its own license.
14.8 Neither the model nor the parents or guardian have exclusive rights to the photographs taken, nor to the style or edits applied to the photographs.
14.9 Any use of a work by the Photographer that has not been agreed upon shall be considered an infringement of the Photographer’s copyright under Book XI of the WER, and may result in legal action.
14.10 For each copyright infringement, depending on the nature of the infringement, a fee equal to five times the license fee that would normally be due for the unlawful use in question will be charged, in accordance with the rates set by SOFAM. Payment of damages does not grant the right to continue using the work.
14.11 The parties may agree in writing to a different arrangement regarding copyrights.
Section 15. Right of Publicity
15.1 The right of publicity in Belgium is governed by Article XI.174 of the WER. Under this provision, consent is required to create, display, or reproduce the likeness of a recognizable person.
15.2 For portrait and family photo shoots, agreements regarding the use of the photographs taken must be set forth in a written agreement, such as a model release, prior to the Assignment. This agreement specifies whether and to what extent the Photographer may use the photographs for a portfolio, social media, or other marketing purposes. Without the Client’s explicit written consent, the Photographer will not publicly share photos in which the Client or Models are recognizable.
15.2bis If the Client has granted permission via a signed model release form, the Photographer is entitled to use the photographs for the purposes described in that form, including but not limited to: websites, portfolios, advertisements, and social media. The scope of the permitted use is determined exclusively by the terms set forth in the model release form. The Photographer will never use the photos in a manner that disproportionately infringes upon the privacy of the Client or Models.
15.3 Written consent from the parent(s) or legal guardian(s) is always required for minors appearing in the photograph.
Article 16. Complaints
16.1 Complaints regarding the performance of the Agreement and/or objections to an invoice must be submitted in writing via anja@essenceofyou.be no later than 7 days after receipt of the Products. Complaints received after this deadline will not be considered.
16.2 The filing of complaints or objections does not suspend the obligation to pay.
Article 17. Customer Data, Privacy, and Confidentiality
17.1 The Photographer collects data from the Client only to the extent necessary for the performance of the Agreement. Upon entering into an Agreement, in which the Privacy Statement is clearly referenced, the Client consents to the use and storage of his or her personal data for the stated purposes.
17.2 The Client warrants the accuracy of the personal information provided and shall notify the Photographer of any changes.
17.3 The Photographer is entitled to disclose the Client’s personal data to third parties if this is necessary for the performance of the Agreement, for a credit report, for debt collection, or to comply with legal obligations.
17.4 The Customer can find detailed information in the separate Privacy Statement regarding how their personal data is collected and what their rights are in this regard.
17.5 The Photographer and the Client agree to keep confidential all information and data they receive from each other in connection with the Agreement, both during the term of the Agreement and thereafter. This confidentiality obligation shall lapse if a statutory provision or court ruling requires one of the parties to disclose the information. A breach of this paragraph shall give rise to a fixed compensation of €1,500, without prejudice to the right to claim additional damages.
Article 18. Liability
18.1 The Photographer shall not be liable for any property damage or bodily injury sustained by the Client, unless such damage or injury results from willful misconduct or gross negligence on the part of the Photographer or his or her representatives.
18.2 The Photographer shall not be liable for any indirect damages resulting from the use or performance of the services, such as loss of profits or loss of data.
18.3 The Photographer is not liable for color discrepancies on screens or in prints not supplied by the Photographer.
18.4 In any event, the Photographer’s liability is limited to the amount of the invoice or to the amount actually paid out under the insurance policy.
18.5 The Client is liable for any damage caused to the property of the Photographer or its agents.
Article 19. Amendments to these Terms and Conditions
19.1 The Photographer reserves the right to amend or supplement these terms and conditions.
19.2 The Photographer shall notify the Client of any changes in a timely manner and in writing, subject to a 30-day notice period following such notification before the changes take effect. Minor changes may be implemented at any time.
19.3 If the Customer does not wish to accept a proposed amendment, the Customer may terminate the Agreement up until the date on which the new terms and conditions take effect.
Article 20. Miscellaneous Provisions
20.1 No party may assign its rights and/or obligations under these terms and conditions to a third party without the consent of the other party.
20.2 The legal relationship between the Photographer and the Client is governed by Belgian law.
20.3 Any disputes arising from the performance of the Agreement shall be submitted to the court of the district of Turnhout. Disclaimer The information, texts, images, and photos on the website of ESSENCE OF YOU by Anja Maesen and its associated sub-sites, as well as their design, are protected under Book XI of the Belgian Copyright Act and other applicable legislation. Except as provided by law, none of this may be reproduced, made available to third parties, or published without the prior consent of ESSENCE OF YOU by Anja Maesen. ESSENCE OF YOU by Anja Maesen takes the utmost care to ensure the reliability and timeliness of the information on the website. However, inaccuracies and omissions may occur. ESSENCE OF YOU by Anja Maesen is not liable for any damage resulting from inaccuracies or omissions in the information provided, nor for any damage resulting from issues inherent in the dissemination of information via the internet. If you believe that photos and/or texts have been published unlawfully, please contact anja@essenceofyou.be.
Last updated on March 28, 2026.
We use cookies to ensure that our site runs as smoothly as possible. If you continue to use this site, we assume that you agree to this.
