Terms & Conditions

Anna Voloshyna Photography is the trading name of:

Legal name: Anna Voloshyna Photography
Legal form: Eenmanszaak
Registered address: Rennemigstraat 60, 6413BV Heerlen

Chamber of Commerce (KVK): 97909386
VAT number: NL005295653B49
Email: anna@voloshyna.com
Website: voloshyna.com

In these Terms, “Voloshyna”, “we”, “us” and “our” refer to the business identified above.

For these Terms:

Agreement means the agreement between Voloshyna and the Client for the provision of Services, consisting of the accepted Quote or Project Agreement, these Terms, the applicable Image & Video Licence Terms and any other documents expressly incorporated into the Agreement.

Business Client means a natural or legal person acting for purposes related to their trade, business, craft or profession.

Client means the person or organisation entering into an Agreement with Voloshyna.

Consumer means a natural person acting primarily for purposes outside their trade, business, craft or profession.

Deliverables means the final photographs, videos or other expressly agreed creative materials to be supplied to the Client.

Production means a photography session, video shoot, event coverage, studio production or other agreed period during which Services are performed.

Project means the complete assignment described in the applicable Quote or Project Agreement.

Quote means a quotation, estimate, proposal, statement of work or other written project offer issued by Voloshyna.

Services means photography, videography, retouching, editing, creative direction, production planning, styling, content production and any other services expressly agreed with the Client.

Third-Party Costs means costs payable to external suppliers in connection with a Project, including models, stylists, makeup artists, assistants, studios, equipment rental, props, materials, locations, permits, travel, accommodation, couriers and similar expenses.

Website means voloshyna.com and its associated pages.

3.1. These Terms apply to all Quotes, Agreements and Services supplied by Voloshyna unless expressly agreed otherwise in writing.

3.2. The Agreement may consist of several documents. If they conflict, the following order of priority applies:

1. the signed or accepted Project Agreement or Quote;

2. any project-specific licence or usage schedule;

3. any Data Processing Agreement, where applicable;

4. these Terms & Conditions;

5. the general Image & Video Licence Terms.

3.3. A project-specific written agreement may therefore modify these Terms.

3.4. Conditions issued by a Business Client, including procurement or purchasing conditions, do not apply unless Voloshyna expressly accepts them in writing.

3.5. Nothing in these Terms excludes or restricts any right that cannot legally be excluded or restricted, particularly mandatory rights available to Consumers.

3.6. If any provision is invalid or unenforceable, the remainder of the Agreement remains effective. The invalid provision will be interpreted or replaced, where legally possible, by a valid provision that most closely reflects its intended commercial purpose.

4.1. The Website provides information about Voloshyna, its portfolio and available Services.

4.2. Website content is provided for general informational purposes and does not constitute a binding offer unless expressly stated otherwise.

4.3. Prices, service descriptions, timelines, availability and examples shown on the Website are indicative unless expressly incorporated into a Quote.

4.4. Portfolio projects illustrate previous work. Each Project is influenced by its own products, people, locations, lighting, weather, brief and production conditions. Previous work therefore does not guarantee an identical result.

4.5. Submitting an enquiry form, sending an email, arranging a call or discussing a potential Project does not by itself create an Agreement.

4.6. Pre-contract discussions, initial ideas, indicative budgets, references and creative suggestions are non-binding unless incorporated into an accepted Quote.

4.7. Either party may end pre-contract discussions before an Agreement is formed.

5.1. Unless expressly stated otherwise, all photographs, videos, text, graphics, project descriptions, concepts, layouts, logos and other original content displayed on the Website are owned by or lawfully licensed to Voloshyna.

5.2. Website visitors receive only a limited right to access and view Website content for normal informational purposes.

5.3. Without prior written permission, Website content may not be:

• a. copied or republished;

• b. downloaded for commercial use;

• c. distributed or sublicensed;

• d. sold or included in products or services;

• e. materially modified or used to create derivative commercial works;

• f. scraped or systematically collected;

• g. used to train, fine-tune, test or populate an artificial-intelligence model or dataset;

• h. used in a way that falsely implies endorsement, partnership or authorship.

5.4. Rights granted to paying Clients in commissioned Deliverables are governed separately by the applicable Agreement and Image & Video Licence Terms.

Users must not intentionally interfere with the Website, introduce malware, circumvent security measures, attempt unauthorised access, submit fraudulent information or use automated systems in a manner that places an unreasonable burden on the Website.

Voloshyna may restrict access where reasonably necessary to protect the Website, its users, intellectual property or security.

The Website may link to or integrate with third-party platforms.

Voloshyna does not control independent third-party websites or their terms, availability, security or privacy practices and is not responsible for those matters except where liability cannot legally be excluded.

8.1. Unless a different validity period is stated, a written Quote is valid for 14 calendar days from its issue date.

8.2. A Quote is based on the information available when it is prepared.

8.3. If the Client subsequently changes the Project scope, products, quantities, number of people, locations, schedule, deliverables, usage, creative requirements or other relevant circumstances, Voloshyna may amend the Quote.

8.4. Obvious clerical, calculation or typographical errors do not bind Voloshyna.

8.5. Availability mentioned before confirmation is provisional.

9.1. An Agreement is formed when one of the following occurs:

• a. the Client signs or electronically accepts the Quote or Project Agreement;

• b. the Client clearly accepts the Quote in writing, including by email;

• c. the Client pays a deposit or other payment expressly requested as confirmation of the booking; or

• d. at the Client's express request, Voloshyna begins the agreed Services.

9.2. Where mandatory consumer law requires additional information, consent or confirmation, the Agreement remains subject to those requirements.

9.3. A Production date is not considered securely reserved until the required acceptance and any agreed deposit have been received.

10.1. Only Services and Deliverables expressly included in the accepted Quote form part of the agreed scope.

10.2. Depending on the Project, the Quote may specify matters including:

• the number of products or people;

• production hours or days;

• locations;

• photography and video requirements;

• creative direction;

• styling and props;

• models and additional crew;

• estimated number of Deliverables;

• retouching or editing level;

• file formats;

• delivery schedule;

• commercial usage;

• territory and licence period;

• Third-Party Costs;

• travel requirements.

10.3. Services not expressly included are not assumed to be included merely because they are technically possible or have been supplied in another Project.

11.1. Changes requested after confirmation may affect the price, schedule and delivery date.

11.2. Additional work may include, for example:

• additional products or SKUs;

• additional people or departments;

• additional Production time;

• additional locations;

• new setups or concepts;

• additional versions or formats;

• additional retouching;

• reshoots resulting from Client changes;

• replacement of approved content;

• expedited production or delivery;

• additional video edits;

• new commercial uses requiring an extended licence.

11.3. Where reasonably possible, Voloshyna will notify the Client of material additional charges before carrying out substantial additional work.

11.4. During a Production, minor additional work requested or authorised by the Client may be recorded and invoiced afterwards where obtaining a separate formal approval would unreasonably interrupt the Production.

12.1. The Client must provide complete and accurate information reasonably required to perform the Project.

12.2. The Client must provide requested information, products, access, approvals, selections and feedback within the agreed schedule.

12.3. Where delays caused by the Client affect production or delivery, Voloshyna may reasonably extend the schedule.

12.4. Additional time, travel, production days, supplier costs or other expenses caused by incomplete information, delayed decisions, missing products, absent employees, inaccessible locations or similar Client circumstances may be charged additionally.

13.1. The Client is responsible for ensuring that materials and instructions supplied by it can lawfully be used for the Project.

This may include:

• logos;

• trademarks;

• packaging;

• artwork;

• photographs;

• designs;

• music;

• scripts;

• fonts;

• reference materials;

• products;

• locations;

• third-party creative assets.

13.2. The Client must inform Voloshyna of relevant restrictions before Production.

13.3. For Business Clients, the Client is responsible for reasonable third-party claims arising directly from unlawful Client-supplied material or instructions, to the extent that Voloshyna did not cause the infringement and could not reasonably have been expected to identify it.

14.1. Unless otherwise agreed, the Client is responsible for obtaining necessary access and permissions for locations controlled by the Client or selected by the Client.

14.2. The Client must disclose relevant health, safety, security and access requirements before Production.

14.3. Voloshyna may stop, postpone or modify a Production where conditions create a material and unreasonable risk to people, equipment or property.

14.4. Confidential or security-sensitive information that should not appear in photographs or video must be identified or removed by the Client before Production where reasonably possible.

15.1. Where products are supplied for photography or video, the Client must provide an accurate product list and any special handling instructions.

15.2. Products should arrive clean, complete, safely packaged and ready to photograph unless product preparation is included in the Quote.

15.3. The Client must disclose before shipment any item that is:

• unusually valuable;

• fragile;

• unique or irreplaceable;

• hazardous;

• perishable;

• temperature-sensitive;

• confidential or unreleased;

• subject to specialist storage or handling requirements.

15.4. Products remain at the Client's risk during delivery to and return from Voloshyna unless transport is expressly undertaken by Voloshyna itself.

15.5. The Client is responsible for arranging appropriate shipping insurance unless otherwise agreed in writing.

16.1. Voloshyna will exercise reasonable professional care when handling Client products.

16.2. Some Projects may reasonably require products to be unpacked, assembled, handled, cleaned, arranged, filled, opened, prepared, styled, cooked or otherwise manipulated.

16.3. Products used in food, cosmetic, liquid, destructive, styling or demonstration setups may not remain in their original condition.

16.4. Where such use is inherent in or approved as part of the Project, ordinary deterioration resulting from the agreed production process is not considered damage.

16.5. The Client must declare the replacement value of unusually valuable products in writing before delivery.

16.6. Voloshyna does not provide specialist insurance for high-value products unless expressly agreed in writing.

17.1. Return, collection or onward shipment arrangements should be agreed before or during the Project.

17.2. Shipping, customs, duties and insurance costs are payable by the Client unless expressly included in the Quote.

17.3. Perishable products may be discarded after Production where storage or return is impractical.

17.4. Non-perishable products not collected or capable of being returned because the Client has failed to provide instructions may be stored for a reasonable period.

17.5. Voloshyna may charge reasonable storage and additional handling costs after notifying the Client.

17.6. Products that remain unclaimed for an extended period may, after reasonable written notice and where legally permitted, be returned at the Client's cost or otherwise dealt with reasonably.

18.1. Models, stylists, makeup artists, assistants, locations and other production suppliers may be engaged either by Voloshyna or by the Client.

18.2. The Quote should identify significant Third-Party Costs where reasonably possible.

18.3. Model usage rights and agency restrictions are separate from Voloshyna's copyright in the resulting images and must be respected.

18.4. Where the Client independently engages a supplier or participant, the Client is responsible for the contractual arrangements with that person.

19.1. Photography and video containing identifiable individuals may involve privacy, data-protection and portrait-right considerations.

19.2. Each party is responsible for legal obligations falling within its role.

19.3. For company productions, the Client is generally responsible for informing its employees, contractors and invited participants about the planned Production where the Client controls their participation.

19.4. Where consent, a release or another permission is specifically required for an intended use, responsibility for obtaining it should be agreed during Project planning.

19.5. Additional information about personal-data processing is provided in the Privacy Policy and Data Protection documentation.

19.6. Where Voloshyna processes personal data solely on documented instructions from a Business Client and applicable law requires it, the parties may enter into a separate Data Processing Agreement.

Projects involving minors must be agreed in advance.

Where legally required, participation, publication or other relevant processing involving a minor must be authorised by a parent, guardian or other person legally entitled to provide the required permission.

21.1. Event photography is documentary in nature and depends on circumstances that cannot be fully controlled.

21.2. Voloshyna will use professional judgment to capture the event according to the agreed brief but cannot guarantee:

• that every attendee will be photographed;

• that every attendee will appear in equal numbers;

• a particular expression or interaction;

• every unscheduled event or moment;

• unrestricted access to every part of a venue;

• results unaffected by venue lighting, crowd conditions or event organisation.

21.3. Where particular speakers, guests, products, sponsor details or moments are essential, the Client should identify them before the event where reasonably possible.

21.4. Additional coverage beyond the agreed hours is subject to availability and additional fees.

22.1. Voloshyna will perform the Services professionally and in accordance with the agreed creative direction.

22.2. The Client acknowledges that photography, video and creative production involve professional and artistic judgment.

22.3. Mood boards, references and examples communicate direction rather than guaranteeing exact replication.

22.4. Unless a precise requirement is expressly agreed, decisions concerning composition, lighting, timing, framing, selection, editing and other creative matters remain subject to Voloshyna's professional judgment.

22.5. Variations in appearance may arise from screens, browsers, print systems, paper, third-party platforms and other output environments outside Voloshyna's control.

23.1. On-location Projects may be affected by weather, existing light, access restrictions, venue rules, crowds, noise, construction, traffic or other external circumstances.

23.2. The parties should agree in advance where a Project materially depends on particular weather or environmental conditions.

23.3. If reasonably possible, the parties will first attempt to reschedule or adapt a weather-dependent Production before treating it as cancelled.

24.1. The selection procedure will be stated in the Quote or agreed during the Project.

24.2. Depending on the Project, photographs or footage may be selected by Voloshyna, the Client, or jointly.

24.3. Where the Client is responsible for selecting photographs or footage, delayed selection may delay final delivery.

24.4. Unless expressly agreed otherwise, RAW photographs, unedited footage, rejected frames, test photographs, project files, intermediate edits and working files are not Deliverables.

25.1. Standard editing and retouching will be performed according to the agreed scope and Voloshyna's established workflow.

25.2. Additional advanced work, including extensive compositing, product reconstruction, complex skin retouching, major object removal, large-scale colour replacement or substantial changes requested after approval, may be charged separately.

25.3. Requests that materially change the original brief may be treated as additional work.

26.1. Revision rounds, where applicable, are specified in the Quote.

26.2. A revision means a reasonable adjustment to work within the approved brief. It does not include a new concept, new Production, new footage, replacement of previously approved direction or changes arising from inaccurate Client instructions.

26.3. Consolidated feedback should be provided by the authorised Client contact.

26.4. Additional revision rounds may be charged at the applicable rate.

27.1. Deliverables will be supplied through the delivery method and in the formats agreed for the Project.

27.2. Delivery dates are estimates unless expressly described as binding.

27.3. Where a delay becomes reasonably foreseeable, Voloshyna will inform the Client.

27.4. Delays caused by circumstances outside Voloshyna's reasonable control, Client delays or changes to the scope may extend the delivery date.

27.5. The Client is responsible for reviewing technical requirements of third-party platforms before final export where those requirements have not been expressly included in the Project.

28.1. The Client is responsible for downloading and securely backing up final Deliverables after delivery.

28.2. Unless a longer period is expressly agreed, Voloshyna does not guarantee permanent storage or recovery of Deliverables.

28.3. Project galleries, transfer links and cloud folders may expire.

28.4. RAW files, rejected images, source footage and working files may be deleted after the Project when no longer reasonably required.

28.5. Voloshyna may retain certain records, Deliverables or Project information where reasonably required for business administration, legal obligations, dispute resolution, legitimate archiving or other lawful purposes.

28.6. Specific retention practices relating to personal data are addressed in the Privacy Policy.

Voloshyna uses reasonable professional measures intended to reduce the risk of file loss or equipment failure.

No digital storage or technical system is entirely free from risk. Where an unforeseen technical failure materially affects the Project, the remedies and liability provisions in these Terms apply.

30.1. Prices are stated exclusive of VAT unless expressly indicated otherwise.

30.2. Where the Client is a Consumer, the total price and applicable taxes will be communicated in accordance with mandatory consumer-law requirements before the Agreement is concluded.

30.3. Cross-border VAT, reverse-charge treatment or other tax treatment will be applied where legally applicable.

30.4. Quotes are based on the circumstances and scope described in the Quote.

31.1. Third-Party Costs may be included in the Quote or charged separately as stated.

31.2. Non-recoverable commitments approved as part of the Project remain payable if the Client subsequently changes, postpones or cancels the relevant part of the Project, subject always to mandatory Consumer rights.

31.3. Travel, accommodation, parking, permits, shipping, customs, special equipment, locations and other additional costs are chargeable where agreed or reasonably required by an authorised change in scope.

32.1. Voloshyna may require a deposit, reservation payment or advance payment.

32.2. The required amount and payment deadline will be stated in the Quote or invoice.

32.3. For Business Clients, the Production date may be released to another client if the required booking payment is not received by the stated deadline.

32.4. Deposits are credited against the Project price.

32.5. Treatment of deposits following cancellation is governed by the cancellation provisions below.

33.1. Unless otherwise agreed, invoices are payable within 30 days of the invoice date.

33.2. A different payment schedule may be specified in the Quote, including deposits, milestone payments or payment of the final balance before delivery.

33.3. Voloshyna may withhold high-resolution, unwatermarked or final Deliverables until amounts due under the Agreement have been paid, provided this does not conflict with mandatory Consumer law.

33.4. Payment of an invoice does not by itself transfer copyright.

33.5. Any agreed usage licence becomes effective only after full payment of the amounts to which that licence relates, unless expressly agreed otherwise.

34.1. Where a Business Client fails to pay an undisputed amount when due, Voloshyna may charge the applicable statutory commercial interest and reasonable collection costs permitted by Dutch law.

34.2. Voloshyna may suspend further Services, delivery and licence activation after giving reasonable notice of overdue payment.

34.3. Suspension resulting from non-payment may extend Project schedules.

For Consumers, late-payment interest, collection costs, notices and recovery procedures will be applied only in accordance with mandatory Dutch consumer and debt-collection law.

36.1. A Business Client may cancel a confirmed Project by written notice.

36.2. Because confirmed Productions reserve time that may no longer be available for other clients, the following cancellation charges apply unless the Quote states otherwise:

More than 20 calendar days before Production:
25% of the agreed Production fee.

8–20 calendar days before Production:
50% of the agreed Production fee.

3–7 calendar days before Production:
75% of the agreed Production fee.

Less than 72 hours before Production or failure to attend/provide access:
100% of the agreed Production fee.

36.3. Work already performed and non-recoverable Third-Party Costs remain payable in addition where they are not already covered by the cancellation charge.

36.4. Voloshyna will not charge twice for the same loss. Where required by law or appropriate in the circumstances, demonstrable savings resulting directly from cancellation will be taken into account.

36.5. The parties may agree different cancellation arrangements for large, international, recurring or multi-day productions.

37.1. A request to change a confirmed Production date is subject to availability.

37.2. Voloshyna may agree to transfer all or part of a cancellation charge or reservation payment to a new Production date where sufficient notice is given.

37.3. A rescheduling request made shortly before Production may be treated as a cancellation where the original date cannot reasonably be rebooked.

37.4. Additional Third-Party Costs caused by rescheduling remain payable.

38.1. Where a Consumer concludes an eligible distance or off-premises service Agreement, the Consumer has the statutory right to withdraw from the Agreement within 14 days after conclusion of the Agreement, without giving a reason.

38.2. The Consumer may exercise that right through any clear statement communicating the decision to withdraw, including by email, the model withdrawal form provided with these Terms or the applicable online cancellation function where available.

38.3. If the Consumer expressly asks Voloshyna to begin Services during the withdrawal period, the Consumer acknowledges that:

a. work may begin before the withdrawal period expires; and

b. if the Consumer subsequently withdraws after Services have begun, the Consumer may be required to pay a proportionate amount for Services properly performed up to the moment withdrawal is communicated, where permitted by applicable law.

38.4. Where Services have been completely performed during the withdrawal period following the Consumer's prior express request and acknowledgement in circumstances where applicable law provides for loss of the withdrawal right, the statutory right of withdrawal may cease.

38.5. Nothing in this section limits any mandatory right available to the Consumer.

39.1. Where Dutch mandatory rules governing an agreement of assignment apply, a Consumer retains the termination rights provided by those rules.

39.2. The B2B cancellation percentages in Clause 36 do not apply to Consumers.

39.3. On Consumer termination, Voloshyna may claim amounts that are lawfully due for Services already performed, reasonable Project expenses and any reasonable part of the agreed remuneration permitted under applicable Dutch law.

39.4. Any amount due will be assessed in accordance with mandatory law, taking account where relevant of work already performed, expenses incurred, value or benefit received by the Consumer and costs saved because the Project ended early.

34.1. Where a Business Client fails to pay an undisputed amount when due, Voloshyna may charge the applicable statutory commercial interest and reasonable collection costs permitted by Dutch law.

34.2. Voloshyna may suspend further Services, delivery and licence activation after giving reasonable notice of overdue payment.

34.3. Suspension resulting from non-payment may extend Project schedules.

41.1. Neither party is liable for failure or delay caused by circumstances beyond its reasonable control to the extent permitted by law.

Such circumstances may include serious illness or injury, fire, flood, extreme weather, natural disaster, government restrictions, civil emergency, war, widespread transport interruption, major power or network failure, venue closure, industrial action, or substantial failure of a critical third-party infrastructure provider.

41.2. The affected party should notify the other party as soon as reasonably possible.

41.3. The parties will first consider reasonable alternatives such as rescheduling, changing location, changing the production plan or extending the delivery schedule.

41.4. Non-recoverable Third-Party Costs remain subject to the arrangements under which those costs were incurred and to mandatory Consumer law.

The Client should review Deliverables promptly after receipt and notify Voloshyna of identifiable technical errors or material discrepancies from the agreed specification.

43.1. A Business Client should notify Voloshyna of readily identifiable defects or invoice disputes within 10 working days after delivery or receipt of the relevant invoice.

43.2. Failure to notify within that period does not waive claims concerning defects that could not reasonably have been discovered during the review period.

43.3. Notification should describe the issue sufficiently clearly to allow investigation.

Consumers should notify Voloshyna of concerns within a reasonable period after discovering them.

No complaint deadline in these Terms limits mandatory statutory Consumer rights.

45.1. Where Services materially fail to meet the agreed specification for reasons attributable to Voloshyna, Voloshyna must first be given a reasonable opportunity to investigate and, where appropriate, correct the affected work.

45.2. Depending on the circumstances, correction may involve additional editing, re-export, repair of a technical error or re-performance of a limited part of the Services.

45.3. A subjective change in preference after approval of the creative direction does not by itself constitute defective performance.

45.4. Where correction or re-performance is impossible or legally insufficient, any further remedy will be determined under the Agreement and applicable law.

46.1. Unless copyright is expressly assigned in a separate written agreement, copyright and related intellectual-property rights in photographs, videos and other copyrightable work created by Voloshyna remain with Voloshyna.

46.2. Payment for photography or video Services does not itself transfer copyright ownership.

46.3. The Client receives contractual rights to use final Deliverables under the applicable Image & Video Licence Terms and the project-specific licence stated in the Quote.

46.4. RAW files, source files and working materials remain Voloshyna's property unless expressly agreed otherwise.

47.1. The Client's permitted use may be defined by reference to:

• media;

• commercial purpose;

• territory;

• duration;

• paid advertising;

• ecommerce;

• social media;

• websites;

• print;

• packaging;

• PR;

• marketplaces;

• retailers or distributors;

• third-party agencies;

• exclusivity.

47.2. If the Quote contains specific licence provisions, those provisions take priority over the general Image & Video Licence Terms.

47.3. Unless expressly granted, a licence does not include:

• copyright ownership;

• resale of Deliverables as standalone content;

• stock-library distribution;

• unrestricted sublicensing;

• transfer to unrelated third parties;

• use for artificial-intelligence training;

• creation of misleading synthetic representations of photographed persons;

• use outside the agreed commercial scope.

47.4. Additional uses may be licensed separately.

48.1. Unless otherwise agreed, the Client licence becomes effective after full payment.

48.2. Use before licence activation or outside the agreed scope may constitute unauthorised use.

48.3. Where use exceeds the existing licence, the parties may agree an additional or extended licence.

48.4. These provisions do not limit copyright remedies available under applicable law.

Ordinary resizing, reasonable cropping and technical adaptation for authorised media may be permitted under the applicable licence.

Material alteration, compositing, misleading manipulation, AI-based transformation or other changes affecting authorship, reputation, factual meaning or depicted individuals may require prior agreement.

Further details will be governed by the Image & Video Licence Terms.

50.1. For Business Projects, unless the Project is expressly confidential or subject to an agreed embargo, Voloshyna may request or rely on the agreed Project permissions to display completed public-facing work for legitimate self-promotional purposes, including the Website, portfolio, case studies, professional social media, awards, exhibitions and presentations.

50.2. Where a Project contains confidential material, unreleased products or information subject to an embargo, publication will respect the agreed restrictions.

50.3. Publication involving identifiable people remains subject to applicable privacy, data-protection and portrait-right requirements.

50.4. The Client must inform Voloshyna before confirmation where the existence of the Project, Client identity, product or Deliverables must remain confidential.

Photographs or video from a private Consumer portrait session will not be used for portfolio or promotional purposes merely because the Consumer purchased the Services.

Where such publication requires permission or consent, it will be requested separately.

Refusal of optional portfolio use does not affect delivery of the commissioned Services.

52.1. Each party must use reasonable care to protect confidential commercial information received from the other in connection with the Project.

52.2. Confidential information may include unreleased products, campaign plans, customer information, internal documents, trade secrets, security information and confidential business strategies.

52.3. Information may be disclosed to personnel, subcontractors and professional advisers where reasonably necessary and subject to appropriate confidentiality obligations.

52.4. Confidentiality does not apply to information that is public through no breach of the Agreement, was lawfully already known, is independently developed, or must legally be disclosed.

53.1. Personal data are processed in accordance with applicable data-protection law and the Privacy Policy.

53.2. Photography and video containing identifiable people may constitute personal data.

53.3. Depending on the Project, Voloshyna and the Client may act as separate controllers, joint controllers or as controller and processor in relation to particular processing activities.

53.4. The applicable roles will be determined by the actual purposes and control exercised by each party rather than by these Terms alone.

53.5. Where a Data Processing Agreement is legally required, the parties will enter into one separately.

54.1. Voloshyna may use appropriately qualified assistants, photographers, videographers, editors, retouchers and specialist service providers where reasonably necessary to perform the Project.

54.2. Voloshyna remains responsible for its contractual obligations to the extent required by applicable law.

54.3. Relevant confidentiality and data-protection requirements will be applied where necessary.

Voloshyna is responsible for performing the Services with reasonable professional care.

Nothing in these Terms excludes liability where exclusion or limitation is prohibited by law.

56.1. This Clause 56 applies only to Business Clients.

56.2. To the fullest extent permitted by law, Voloshyna is not liable for indirect or consequential business losses, including loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity or business interruption, except where such liability cannot legally be excluded.

56.3. To the fullest extent permitted by law, Voloshyna's aggregate liability arising from a Project is limited to the total professional fees, excluding VAT and Third-Party Costs, paid or payable to Voloshyna for the part of the Project giving rise to the claim.

56.4. If a relevant business insurance policy actually pays a higher amount for the claim, liability may instead be limited to the amount paid under that insurance where required or agreed.

56.5. The limitations do not apply to liability resulting from wilful misconduct or other liability that cannot legally be excluded or limited.

For Consumers, liability is limited only to the extent permitted by mandatory Dutch and EU consumer law.

No provision of these Terms excludes or restricts statutory liability where doing so would be unlawful or unfair.

58.1. Voloshyna is not responsible for loss or damage occurring during transport arranged by the Client or a third-party carrier not acting under Voloshyna's responsibility.

58.2. Liability for products while in Voloshyna's possession is subject to these Terms and applicable law.

58.3. For Business Clients, failure to disclose an unusually high product value, fragility or specialist handling requirement may be taken into account when determining responsibility and reasonably foreseeable loss.

58.4. The Client should obtain appropriate specialist insurance for unique, irreplaceable or high-value products unless separate insurance arrangements have expressly been agreed.

Voloshyna is not responsible for failures, rule changes or technical restrictions imposed independently by third-party platforms, printers, marketplaces, social networks, venues, couriers or Client-appointed suppliers, except to the extent the loss was caused by Voloshyna's own actionable failure.

Each party must take reasonable steps to prevent avoidable loss and minimise damage after becoming aware of a problem.

Voloshyna may reasonably suspend Services or delivery where:

• an undisputed payment is materially overdue;

• the Client has not provided essential information or access;

• continuation would create an unsafe situation;

• requested activity appears unlawful;

• the Client materially changes the Project without agreeing the consequences;

• continuing the Project would reasonably risk infringement of third-party rights.

Where reasonably possible, Voloshyna will first notify the Client and provide an opportunity to remedy the issue.

Either party may terminate the Agreement for a material breach where the other party, after receiving written notice, fails to remedy a remediable breach within a reasonable period.

Immediate termination may be appropriate where the breach cannot reasonably be remedied.

Mandatory Consumer rights remain unaffected.

Termination does not remove rights and obligations that accrued before termination.

Amounts properly due for Services already performed and authorised costs remain payable subject to applicable law.

Confidentiality, intellectual-property, payment, data-protection and dispute provisions intended by their nature to continue after termination remain effective.

The Agreement is governed by the laws of the Netherlands.

For Consumers, this choice of law does not deprive the Consumer of mandatory protections that would apply under the law of the country of the Consumer's habitual residence where applicable EU private-international-law rules provide those protections.

Before commencing court proceedings, the parties are encouraged to attempt in good faith to resolve the dispute directly.

The Client may submit a complaint to:

Anna Voloshyna Photography
Email: anna@voloshyna.com

Voloshyna will endeavour to respond within a reasonable period.

66.1. For Business Clients, disputes will be submitted to the competent Dutch court in the judicial district in which Voloshyna has its registered establishment, unless mandatory law provides otherwise or the parties validly agree otherwise.

66.2. Consumers retain the jurisdiction rights provided to them by applicable Dutch and EU law.

Nothing in this clause requires an EU Consumer to surrender a mandatory right to bring proceedings before a court available to them under applicable consumer jurisdiction rules.

67.1. A Business Client may not transfer the Agreement or licence to another party without prior written consent where the transfer would materially affect Voloshyna's rights or obligations.

67.2. Voloshyna may transfer the Agreement as part of a genuine transfer or restructuring of the business provided this does not materially reduce the Client's contractual rights.

67.3. Mandatory Consumer rights remain unaffected.

Failure to enforce a contractual right on one occasion does not waive that right in the future.

The Agreement supersedes prior discussions concerning the same Project to the extent those discussions are not expressly incorporated into the Agreement.

This does not exclude liability for fraud, deliberate misrepresentation or any matter that cannot legally be excluded.

70.1. Voloshyna may update these standard Terms for future Projects.

70.2. The version supplied or made available before a particular Agreement is concluded normally governs that Agreement.

70.3. A later Website update does not automatically change an existing fixed Project Agreement.

70.4. Material changes to an ongoing Agreement will be communicated and applied only where contractually and legally permitted.

These Terms will be made available before conclusion of the Agreement in a format that the Client can review and save.

A dated copy may accompany or be linked from the Quote or Project Agreement.

Questions concerning these Terms may be sent to:

Anna Voloshyna Photography
Email: anna@voloshyna.com
KVK: 97909386
VAT: NL005295653B49
Registered address: Rennemigstraat 60, 6413BV Heerlen

This Appendix applies only where the Client qualifies as a Consumer and a statutory right of withdrawal applies.

You have the right to withdraw from an eligible distance or off-premises service Agreement within 14 days without giving a reason.

The withdrawal period expires 14 days after the date the Agreement is concluded.

To exercise the right of withdrawal, you must inform Anna Voloshyna Photography of your decision by a clear statement.

You may contact:

Anna Voloshyna Photography
Email: anna@voloshyna.com
Address: Rennemigstraat 60, 6413BV Heerlen

You may use the model form below, but its use is not mandatory.

If you requested that Services begin during the withdrawal period and then exercise your right of withdrawal after performance has begun, you may be required to pay a proportionate amount for Services properly supplied until you informed us of your withdrawal, where applicable law permits this.

Where the Service has been completely performed following the legally required express request and acknowledgement, the statutory withdrawal right may cease in accordance with applicable law.

Complete and return this form only if you wish to withdraw from an eligible Consumer contract.

Where applicable, this should be presented as a separate active choice during booking and should not be pre-selected.