Event photography agreement

1. About Be Square

Photography is provided by Knolding, trading as Be Square, Chamber of Commerce number 80152902, VAT identification number NL003398020B53, Loevensteinlaan 107, 4902 WN Oosterhout, the Netherlands. Bank account: NL80 RABO 0357 9471 42 in the name of Be Square. BIC: RABONL2U.

Photographer: William Knol, known as Marko. Telephone: +31 6 21 30 80 70. Email: Email. In this agreement, Knolding and Be Square are referred to as Be Square. The client accepting the quotation is referred to as the Client.

2. Our agreement

The assignment becomes final when the Client accepts the quotation in writing or digitally, makes a payment, or asks Be Square to start preparation or performance.

The quotation and these terms together form one agreement. Specific terms in the quotation prevail where they differ from this document. The Client’s general or purchasing terms apply only if Be Square has expressly accepted them in writing beforehand.

Obvious writing, calculation and typographical errors may be corrected. A price, discount or arrangement for one assignment does not automatically apply to a later assignment.

3. What are you booking?

The Client books a professional photography service, not a predetermined number of photographs.

A full production day consists of no more than ten hours on location. This includes photography, waiting for programme items, moving around the site, short breaks and any rapid selections during the event.

After production, Be Square selects and edits the images. Standard post-production is included in the agreed price. Be Square determines which images are technically, editorially and creatively suitable for delivery. Duplicate images, test shots, out-of-focus photographs and other rejected material are not supplied.

A schedule, briefing or shot list is used as guidance. At a live event, Be Square cannot guarantee that every person, performance or moment will be captured. Work beyond the agreed ten hours is additional work and is performed only where planning and circumstances allow.

4. Changes and additional work

If the date, location, duration, briefing, delivery or scope changes, the parties will assess the consequences for planning and price.

Additional hours, locations, equipment, photographers, editing or other extra work may be invoiced as additional work. Reducing the assignment does not automatically entitle the Client to a proportional price reduction, because the date has already been reserved and preparation may already have been completed.

Rescheduling is in principle treated as cancellation unless Be Square confirms in writing that the assignment can be moved without cancellation charges.

5. Preparation and accreditation

No later than five working days before the first production day, the Client supplies the latest schedule and all information reasonably required, including timings, locations, contacts, parking, accreditation, artist restrictions, safety rules, embargoes, lasers and other special effects.

At least one authorised contact person is available during production. The Client arranges accreditation for William Knol, known as Marko, +31 6 21 30 80 70, Email.

Accreditation must provide access to all areas reasonably required. Restrictions imposed by security, artists, the venue or production may affect what can be delivered and do not create a right to a discount or refund.

6. Equipment and workspace

Be Square brings the professional camera equipment normally required for the assignment; this is included in the quotation.

Specialist equipment, including a mobile portrait studio, extra lighting, remote cameras or lenses longer than 200 millimetres, may be offered at an additional charge.

The Client provides a secure, dry and lockable area for equipment and luggage, with at least a table, chair, lighting and a working power outlet. If images must be selected, edited or transmitted during the event, the Client also provides a stable internet connection.

If agreed facilities are unavailable, Be Square may adjust performance or charge reasonable costs for alternative storage, security or facilities.

7. Safe working

The Client is responsible for a safe working environment and informs Be Square in advance of specific risks such as pyrotechnics, fire, CO₂ effects, water, confetti cannons, lasers, moving structures and extreme crowd pressure.

Be Square is never required to enter a dangerous position, laser path, safety zone, unsecured height or unsafe crowd flow. If people, data or equipment are at risk, Be Square may modify, suspend or terminate the work.

If the cause lies within the Client’s organisation or sphere of risk, the full fee remains payable.

8. Lasers: permitted, but camera-safe

Lasers may be used during the event, provided Be Square’s cameras and working positions demonstrably remain outside all scan fields.

The Client informs Be Square about the laser show no later than five working days in advance. On request, Be Square receives the laser plan, scan fields, no-scan zones and contact details of the responsible laser operator.

Agreed photo pits, front-of-house positions, backstage areas and routes are designated as camera-safe zones. The Client ensures that the laser operator knows where Be Square will work before the show. A system that is safe for visitors is not necessarily safe for camera sensors. Be Square is not required to technically inspect or approve the installation.

In case of doubt, Be Square may leave a position, remove equipment or temporarily stop photographing. This is not a breach and does not create a right to a discount or refund.

Penalty for unsafe laser use

The Client owes a penalty if lasers are not reported, are reported incompletely or too late; an agreed camera-safe zone is nevertheless hit; the setup or scan fields are changed without notice; the operator disregards an agreed no-scan zone; or a reported unsafe situation is not corrected immediately.

The penalty is €1,000 per violation. If the situation continues after notice, an additional €500 applies for each commenced hour. The total penalty is capped at €5,000 per assignment. No penalty applies where lasers are used safely and agreed working positions remain free from laser radiation.

Damage to equipment

The penalty is separate from compensation for actual loss. For laser damage, the Client reimburses investigation, diagnosis and calibration; repair, transport and shipping; necessary urgent costs; rental of replacement equipment; current replacement value where repair is impossible or uneconomic; and demonstrable direct loss caused by temporary unavailability.

This also applies to reflections, indirect radiation, stray light or changes to the laser show. The Client remains responsible where lasers are supplied or operated by the venue, artist, supplier or an external operator, and may recover those costs from that party.

Laser damage may become visible later. If damage is discovered within thirty days and an expert considers it consistent with laser exposure, it is presumed to have occurred during the assignment unless the Client demonstrates another cause. The Client maintains suitable insurance covering laser damage to professional camera equipment.

9. Other equipment damage

Damage to or loss of equipment is borne by the Client where it arises within the event’s sphere of risk, including damage caused by visitors, staff, artists, suppliers, liquids, fire, pyrotechnics, CO₂, confetti, faulty power, moving stage elements, inadequate security or theft from an assigned space.

The Client reimburses reasonable investigation, repair, replacement, transport and rental costs.

10. Food, drinks and accommodation

For each production day, the Client provides at least three proper meals, such as lunch, dinner and an evening or night meal. Sufficient water and caffeinated sugar-free soft drinks, or a reasonable alternative, must be available throughout the production.

If these are not provided, Be Square may purchase food and drinks and charge the costs. The time required falls within the booked production time.

Hotel

The Client provides a private room in a hotel of at least three stars for a multi-day event; a single-day event more than 100 kilometres one way from Oosterhout; or a night event where immediate return travel is not reasonable or safe.

The room has a private bathroom, breakfast, Wi-Fi and late checkout of at least 14:00. For a multi-day event, accommodation is booked for the night before the first production day, the nights between production days and the night after the final production day. An additional recovery night may be required after a night event.

If suitable accommodation is not booked in time, Be Square may arrange it and charge the costs.

11. Travel

For assignments up to 500 kilometres one way from Oosterhout, €0.55 excluding VAT is charged per kilometre actually driven. Parking, tolls, ferries, environmental-zone charges and other direct travel expenses are charged in addition.

If total travel time for one assignment exceeds three hours, time above those three hours is charged at €55 excluding VAT per hour.

For assignments more than 500 kilometres away, the Client arranges suitable transport. For air travel, Be Square departs from Amsterdam Schiphol Airport or Eindhoven Airport.

The Client pays for the flight, suitable baggage arrangements, travel and parking to the airport and local transport between airport, hotel and event. Professional camera equipment does not have to be transported as unsecured checked baggage.

12. Delivery

Selected and edited photographs are delivered no later than seven calendar days after the final production day.

The Client receives High Resolution files optimised for print and large-format use, and Low Resolution files optimised for websites, digital communications and social media.

Be Square may deliver in stages. A preview or rapid social-media selection does not automatically constitute full delivery. Delivery is complete when the download link or image-bank access has been sent.

Faster delivery

Where planning allows, priority may be purchased at €50 excluding VAT per calendar day by which the standard delivery period is shortened. Delivery may be accelerated by a maximum of five days, and at least two calendar days always remain for selection and post-production.

13. Review and corrections

The Client reviews the delivered photographs within five working days. Demonstrable technical faults must be reported in writing within that period. One limited correction round for such faults is included.

Requests for a different selection, new style, extensive retouching, or adding or removing people or objects are additional work. Colour or brightness differences caused by displays, browsers, printers, paper or colour profiles are not faults by Be Square.

If no response is received within five working days, delivery is deemed accepted. A complaint does not suspend payment obligations.

14. File retention

Delivered JPEG files remain available in Be Square’s online image bank for six months. Retention may be extended to one or two years. Each six-month extension costs €50 excluding VAT.

After the retention period, the image bank may be removed. The Client is responsible for timely download and secure storage.

RAW and other source files are not part of standard delivery. RAW files remain available in the active working environment for fourteen calendar days and may then be archived.

Retrieving and restoring access to an archived assignment costs €250 excluding VAT. New selection, editing and export are not included. The archive is an additional service and not a guaranteed permanent storage service.

15. Loss of images or data

Be Square handles images carefully and makes appropriate backups where reasonable. No camera system, memory card or storage platform provides absolute certainty.

Be Square is therefore not liable for loss caused by hidden technical defects, defective storage media, theft, fire, water damage, cyberattacks, software issues, external outages or force majeure.

After delivery, the Client is responsible for checking, downloading and securely storing the files. Where loss is demonstrably attributable to Be Square, the limitation of liability in this agreement applies.

16. Copyright and licence

Copyright in all photographs remains with William Knol, acting through Knolding / Be Square. After full payment, the Client receives a broad, worldwide and unlimited licence for promotion, communication and reporting.

The Client and event organisation

The Client and organisation may use and adapt images without limitation for websites and social media; advertising and campaigns; print and signage; press releases; sponsor communications; presentations and annual reports; internal and external communications; and future promotion of the organisation or event.

They may crop, resize, cut out, filter, combine with text and logos and incorporate images into designs or videos. Edits may not be misleading, unlawful, discriminatory or demonstrably harmful, and no one may falsely claim that another person created the original photograph.

Artists

Artists involved in the event may use photographs without limitation on official channels and to promote their work. They may crop, resize, cut out, filter and incorporate them into their own designs. Sale of photographs, paid merchandise or licensing to others is not automatically included.

Collaborating parties

Any party demonstrably collaborating with the Client, organisation or event may use the photographs for promotion and marketing relating to the event, its own contribution or its cooperation with the Client. This includes sponsors, partners, venues, suppliers, producers, booking agencies, artist management, agencies, designers, website developers, printers and official media or promotional partners.

Collaborating parties may publish photographs but may not creatively or substantively edit them. Only technical resizing or file conversion necessary for publication is permitted. An adapted version may be supplied by the Client or Be Square.

Collaborating parties may not independently sell, license, pass on or use photographs for unrelated campaigns. The Client may supply the images to them and informs them of these restrictions.

Credit

Credit is not mandatory but is appreciated as: Photo: Marko Knol / Be Square. A credit does not give a party without a licence permission to use a photograph.

17. External parties and unauthorised use

Parties not collaborating with the Client, organisation or event receive no automatic licence. This includes independent news media, blogs, publishers, image libraries, other photographers, commercial brands and persons or companies downloading images through a website, search engine or social platform.

Such parties must request a licence directly from Be Square in advance. Be Square determines the images, media, period and uses covered. Without a licence, external parties may not download, publish, distribute, sell, edit or use images in articles, advertisements, broadcasts or commercial products.

Sharing an existing social-media post through the platform’s normal share or repost function is permitted, provided the original post and source remain visible.

Unauthorised use

Be Square may address the external user directly. The starting point is three times the usual licence fee, with a minimum of €750 per photograph and use.

If the external party demonstrably accepted these terms, that amount is a contractual penalty. Otherwise it is the starting point for the licence fee and damages due. Each publication, advertisement, campaign, broadcast, print use or commercial product may be treated as a separate use.

If use does not stop within two working days after written notice, an additional €250 per calendar day may be claimed, capped at €5,000 per connected violation. Reasonable investigation, enforcement and legal costs may also be recovered. Payment does not authorise continued use.

The Client is not responsible where a fully external party independently obtained the photograph outside the Client’s control.

18. Sales and royalties

Normal promotion and marketing are excluded from the royalty scheme. No royalties are due for advertising, sponsor communications, event promotion, ticket sales, websites, social media, press releases or recaps.

Be Square’s prior written permission is required where a photograph or recognisable adaptation is sold as a digital download; sold as a print, poster or other image product; used in merchandise, clothing, calendars or photo books; licensed to another party for payment; or forms an important and recognisable sales element of a physical or digital product.

In these cases, Be Square receives a 15% royalty on net revenue excluding VAT. Net revenue means the actual selling price received excluding VAT, less demonstrable returns and credits. Production, marketing, distribution, staffing and other business costs may not be deducted.

The royalty also applies to crops, cut-outs, filters, edits and other recognisable derivative versions.

If the photograph is only a subordinate part of a broader paid product, such as a book, documentary or publication, Be Square and the relevant party agree a suitable fixed licence fee or royalty in advance.

The selling party reports within thirty days after each calendar quarter which products were sold, quantities, revenue and returns or credits. Be Square then invoices the royalty.

Be Square may have the relevant sales records audited by an independent expert no more than once per calendar year. If the shortfall exceeds 5% to Be Square’s detriment, the reasonable audit costs are borne by the selling party. Commercial sale or paid licensing without prior written permission is prohibited.

19. Use by Be Square

Be Square may use created and delivered photographs for its portfolio, website, social media, presentations, quotations, pitches, trade publications and competitions. Be Square may also use the Client’s name and logo to present the collaboration as a reference.

A written embargo agreed in advance will be respected. If the Client requires complete exclusion from portfolio use, this must be discussed before the quotation is accepted and may affect the price.

20. Privacy and portrait rights

As organiser, the Client is responsible for informing visitors, staff, artists and other attendees of the photographer’s presence and possible image use.

Where required, the Client arranges visitor terms, permissions, artist agreements and consent for minors. The Client also reports in advance which persons, areas or situations may not be photographed or published.

The Client is responsible for the lawfulness of its own use and indemnifies Be Square against claims arising from missing consent, incorrect information or unlawful use by the Client or related parties.

21. Cancellation

Cancellation must always be given in writing. The date on which Be Square receives it determines the cancellation fee:

• more than six months before the assignment: no charge;
• six months to four weeks before: 50% of the assignment fee;
• four to two weeks before: 85%;
• within two weeks: 100%;
• on or after the start date or in case of no-show: 100%.

Costs already incurred and non-refundable, including hotels, travel, rented equipment and third-party costs, are charged in full in addition.

The same schedule applies to partial cancellation, reducing production days or moving the assignment to a date on which Be Square is unavailable.

The cancellation scheme also applies in case of extreme weather, illness, death, an epidemic or pandemic, insufficient ticket sales, artist cancellation, permit issues, government measures and other circumstances outside Be Square’s control. Cancellation invoices are paid within fourteen days.

22. Force majeure and inability to perform

Serious illness, injury, death, an accident, theft, transport disruption, extreme weather, fire, failure or a serious safety threat may prevent Be Square from performing.

Be Square is not required to arrange a replacement photographer but may, where possible, attempt to propose one. That person’s availability, style, quality and rates cannot be guaranteed.

If the assignment definitively cannot be performed, the amount paid for the unperformed part is refunded after deducting completed work and non-refundable costs. Be Square is not liable for consequential loss or additional costs of the Client.

23. Liability

Be Square is liable only for demonstrable direct loss directly caused by an attributable breach.

Be Square is not liable for indirect loss, including lost revenue, lost profit, reputational damage, missed publicity, sponsor claims or replacement-production costs. Be Square is also not liable for consequences of incorrect information, programme changes, access restrictions, unsafe conditions, third-party acts, external failures or use and editing by others.

If Be Square is liable, liability is limited to the amount paid by its liability insurer. If no insurance payment is made, liability is capped at the assignment fee excluding VAT. This limitation does not apply in case of proven intent or deliberate recklessness by Be Square.

24. Payment

Invoices are paid within fourteen days unless the quotation provides another term. Objections must be reported in writing and with reasons within five working days. An objection does not suspend payment.

The Client may not independently set off, suspend or reduce invoices. In case of late payment, Be Square may suspend work, delivery, the image bank and licences.

The licence to use photographs arises only after all invoices for the assignment have been paid in full. Statutory commercial interest and reasonable collection costs are due in case of late payment.

25. Confidentiality

The quotation, rates, discounts, commercial arrangements and this agreement are confidential. The Client may not share them with third parties without Be Square’s written permission.

Sharing with an accountant, lawyer, insurer or other professional adviser is permitted where necessary and where confidentiality is maintained. This obligation continues after the assignment ends.

26. Final provisions

Dutch law applies. If a provision is invalid, the remaining terms remain effective. The invalid provision is replaced by a valid provision that achieves the same purpose as closely as possible.

Disputes are submitted, where legally permitted, to the competent court of the Zeeland-West-Brabant District Court. By accepting the quotation, the Client confirms that it received, read and accepted this agreement.

27. Additional website terms

Website information and service-calculator results do not constitute a binding offer, quotation, reservation, price agreement or assignment confirmation. An assignment and price become binding only after Be Square has reviewed the briefing, schedule, location, risks, travel requirements, usage rights and other production conditions, and the Client has accepted a written quotation or confirmation.

The final price may differ because of date, duration, programme, location, tariff region, distance, means of travel, travel time, parking, tolls, ferries, environmental charges, flights, baggage, local transport, hotel, team size, equipment, overtime, safety risks, requested delivery speed, additional editing and usage rights.

If the Client does not arrange flights, hotel and local transport, Be Square may book these components on the Client’s behalf for a fixed booking and coordination fee of €99 excluding VAT. The 10% surcharge applies only to foreign third-party costs actually booked, paid or advanced by Be Square, such as flights, hotels outside the Netherlands and local transport outside the Netherlands. It does not apply to mileage, travel-time compensation or airport parking within the Netherlands. Foreign third-party costs are recharged on final calculation including local VAT, sales tax, tourist tax and other taxes or charges invoiced to Be Square. Costs arranged and paid directly by the Client or promoter are not invoiced by Be Square and are not included in the calculator subtotal. The calculator uses rounded regional assumptions; actual prices and the final itinerary prevail.

For air travel, the calculator indicatively includes road transport between Oosterhout and Schiphol, airport parking at €50 per day, production days plus two parking days within Europe and production days plus four parking days outside Europe. Parking, tolls, ferries, environmental charges and other direct road-travel costs are not automatically calculated and are charged on final calculation.

Automated routing, geocoding, country, distance and travel-time calculations depend on external services and may be incorrect, incomplete or temporarily unavailable. The actual route driven, actual travel time, correct tariff region and actual costs prevail.

Be Square may change website rates, content, services and functionality at any time. A previously published rate does not automatically apply to a future, changed or unconfirmed assignment. Obvious writing, calculation, programming, technical or display errors may be corrected.

Be Square does not guarantee uninterrupted, error-free or permanent availability and is not liable for loss caused by temporary unavailability, technical failures or incorrect results from external services, except where mandatory law provides otherwise.

The website’s text, photography, point-cloud visuals, animations, design, source code and other content are protected. Copying, automated extraction, publication, reuse or commercial exploitation without prior written permission is prohibited. Public standard rates are not confidential; quotations, discounts, custom prices, calculations and commercial arrangements are confidential.