Terms and Conditions

Payment Terms
Deposit
Time of Payment / Late Payment Fees
Overtime
Cleaning & Trash
Equipment
Electrical Usage
Damage
Conduct
Studio Rules
Waiver of Liability
Legal Clearances & Indemnification
Liability of Slate
Age of Models
Insurance
Cancellations
Client Obligations & Materials
Client Representative
Approval of Work
Rights, Ownership, and Usage
Scope Changes / Additional Services
Expenses
Suppliers
Governing Law; Jurisdiction
Confidential Information; Non-Solicitation
Termination
Disclaimer with Respect to Content
Indemnity / Hold Harmless

Payment Terms
A booking is confirmed upon acknowledgement of receipt of the signed and approved final quote from the client, containing specific payment terms & dates.
Until the approved and signed quote has been received and acknowledged, the booking is not confirmed.
50% Payment Non-Refundable Retainer due upon signing
50% Remaining Balance due upon Approval of Final Round of Retouching or Net 30 from shoot date, whichever comes first.
The Non-Refundable Retainer is Non-Refundable.
Receipt of Non-Refundable Retainer in full confirms shoot date
Receipt of Non-Refundable Retainer in full assumes client full sign off and approval of this price proposal and it‘s terms therein
ABX will not begin on production until full Non-Refundable Retainer is received.
Credit Card payments incur a 4% Processing Fee Payment
100% up front for jobs under €3K

ABX to enforce late fees for overdue payments (See Late Fees)

Non-Refundable Retainer
In order to confirm and hold a shoot date, a Non-Refundable Retainer is required.

Time of Payment / Late Payment Fees
ABX will not release any hi resolution asset(s) until payment has been received in full. ABX reserves the right to charge client late fee is of 7.5%, to be compounded monthly, for all payments over 30 days past due from designated due date from shoot date [Net 30] or upon delivery of final approved Round of Retouching. ABX will send delinquent payments to collections at 90 days overdue and pursue legal remedies including late fees, attorneys fees, and damages for all instances of late payments. ABX may suspend performance of services and withhold delivery of materials until payment is made in full of all amounts due. ABX shall not be liable for any damages, losses or liabilities that may arise out of ABX's suspension of performance and/or withholding of materials due to Client’s non/late-payment.

Overtime
Overtime rates apply to projects that extend beyond our standard 10-Hour Day or begin earlier or end later than our standard start/end times. Unless specifically requested, ABX is not responsible for informing client when overtime commences.
6AM-8AM: €350/hour
6PM-8PM: €200/hour
8PM-12PM: €350/hour
12AM-6AM: €500/hour

Cleaning & Trash
Client agrees to leave the Premises and all contents and fixtures in the same condition as they were prior to team arrival. ABX will dispose of trash collected in the supplied trash cans. Client must discard larger items, such as props and set pieces, in the disposal bin. Disposal of large amounts of garbage due to large sets may also accrue additional costs. All items brought to the Premises by Client are to be removed by Client. Items left after 2 days will be assumed abandoned and may be discarded or kept by ABX for ABX's use, with no compensation due the Client, at the discretion of ABX. If Client does not return Premises to the order and cleanliness found when Client

Equipment
ABX agrees to provide equipment in good working order, but makes no special guarantees as to said equipment’s functionality or suitability to Client’s purposes. No subrented equipment from outside vendors is allowed in the space. Personally-owned gear by the photographer or client team is allowed at an additional charge of €500/day. If subrented gear is found, the agreed upon studio rate doubles for the day. Client shall notify ABX immediately of any malfunction, damage or other issues with the equipment. Additional fees may apply.

Electrical Usage
Studio Rental Fee(s) are based on the use of strobe lighting. In such cases where hot lights are used, ABX will charge an additional €300 power usage fee to the final invoice.

Damage
Client shall be solely responsible for any damage to the studio or rented equipment, ABX's property or equipment that occurs during the time Client or his/her party occupies the Premises. Client agrees to pay reasonable additional repair costs to bring damaged equipment back to working condition. Client agrees to pay for damage to the Premises including spills, excessive wear, marks or stains on furniture, fixtures or painted surfaces.

Conduct
ABX maintains a professional environment. Client shall be solely responsible for the conduct and welfare of all persons accompanying Client while on ABX's Premises. Client agrees that an ABX representative may, at ABX's sole discretion, be present at all times. If the representative observes or otherwise becomes aware of dangerous, pornographic, illegal or negligent practices or activities, the representative reserves the right to stop the shoot and may require Client and Client’s party to leave immediately. The authorities will be alerted to any illegal activities witnessed by the ABX representative. In such case no refund will be given forunused time. However, ABX and its representatives assume no responsibility to act in such cases.

Studio Rules
No smoking whatsoever is allowed in the building or within 6 meters of any entrance. No alcoholic beverages or non-prescription or illegal drugs. Music/voices are to be kept at reasonable levels and not contain vulgar or offensive lyrics or words. No one will be admitted who is drunk or under the influence of illegal substances. No pets allowed without prior consent of a Company representative. Maximum of fifteen (15) people in Client’s party. Ask ahead if you have a larger group.

Waiver of Liability
Use of rented Premises and equipment, ABX's Premises and equipment is at Client’s risk. Client hereby agrees that ABX will not be held liable for any direct, indirect, incidental or consequential damage, injury or loss to Client, their party or possessions while on the Premises. Client holds harmless and indemnifies ABX and its owners, agents, representatives, associates, officers, employees, contractors, freelancers, interns, guests and tenants against any suit, claim, loss, accident, judgment, fine, injury or damages, including reasonable attorney’s fees. This indemnification shall continue in full force and effect during and after the term of the service, including rental(s) and/or project(s) for such causes arising during the term of the rental and/or project(s).

Legal Clearances & Indemnification
The Client is responsible for obtaining all legal clearances required for the performance of services hereunder. The Client shall indemnify, defend (at its own cost and expense) and hold ABX and its officers, employees, contractors, freelancers and agents harmless from and against any and all claims, suits, demands, damages, losses and expenses arising from any breach, misrepresentation or other act or omission of the Client and/of ABX, in all circumstances.

Liability of ABX
ABX shall not be held responsible for delays or nonperformance caused by activities or factors beyond its reasonable control, including delays and nonperformance caused by viruses, denial of service attacks, other acts or omissions by third parties, Internet service providers, the Client or its contractors, strikes, lockouts, work slowdowns or stoppages, accidents, fires, acts of God, terrorism, failure by the Client to timely furnish information or approve or disapprove work, or faulty performance by the Client or others, including third-party contractors hired by ABX or by Client. ABX shall not be liable for any indirect, third-party, incidental, special, consequential, exemplary or punitive damages arising out of this Agreement. ABX's maximum liability under this Agreement shall not exceed the total fees received by it hereunder.

Age of Models
Client is solely responsible for verifying that all subjects are of legal age or accompanied by a parent or legal guardian. ABX has no responsibility to determine or verify the age of participants in the Client’s activities but reserves the right to demand proof of parental consent if models or photographic subjects are under the age of 18 and to end those activities if ABX becomes aware that legal age violations are occurring. ABX is not liable in the case of an invalid ID or any other form of age verification.

Insurance
Client is required, prior to rental and/or project, to present a certificate of general liability insurance naming ABX as the additionally insured on the dates of the shoot. If so required, Client’s liability insurance shall be deemed non-contributory insurance in the event of any claim or suit. Liability insurance shall be Commercial General Liability with a minimum of €2,000,000 per occurrence & annual aggregate.

Cancellations
No refunds on cancellations made 72 hours prior to the shoot date. All refunds, if any, will be made by direct deposit once Clients payments and deposits have cleared ABX's account. If ABX must cancel Clients reservation, the Client will be given, in ABX sole discretion, in rescheduling either partial, none or full refund. ABX is not liable for acts out of its control that affect the shoot, such as building equipment failures, power outages, weather, acts of God or emergencies. In such cases, ABX will refund a prorated portion of Client’s payment at ABX's sole discretion.

Client Obligations & Materials
ABX's ability to perform its obligations under this Agreement may be dependent on the Client fulfilling its obligations. ABX shall not be liable for any costs, charges or losses sustained by the Client arising directly from any failure of the Client to fulfill its obligations under this Agreement. Where photographs, illustrations or other visual materials are provided by the Client, they shall be of professional quality and in a form suitable for reproduction without further preparation or alteration. The Client shall pay all fees and expenses required to bring nonconforming materials up to such standards. The Client warrants that all assets, concepts, materials, specifications, information and instructions provided by Client or its agents may be exploited pursuant to this Agreement, including on the internet, without violating Client must supply ABX with all image guidelines, including crop reference, crop ratios, style guidelines for each item, prior to shoot date. In such cases where ABX does not receive image/style guidelines from client, ABX assumes no responsibility nor liability for any image discrepancies, after the fact.

Client Representative
In order to avoid miscommunication, the Client shall appoint a sole representative with full authority to provide or maintain any necessary information and approvals that may be required by ABX. The Client Representative shall be responsible for coordination and review of ABX's services and notifying ABX of Client instructions, change orders and approvals. The signature or e-mail approval of the Client Representative shall be final and binding on Client. If after the Client Representative has approved an order, the Client or any authorized person alters the scope of work or requires additional services, the Client shall pay all fees and expenses arising from such changes and additional services as set forth in section above.

Approval of Work
Work will not commence until the signed approved estimate has been received. Within five business days following receipt of any deliverables, the Client will provide ABX with either (a) written approval and acceptance of such deliverables (which will not be unreasonably withheld), or (b) a written list of reasonable revisions that will bring the deliverables into compliance with the Approved estimate. Each deliverable hereunder will be deemed accepted by the Client if, within five business days of its delivery to the Client, the Client does not receive the foregoing written notice. ABX, in the course of the provision of the Services, will constitute ABX's authority to purchase, publish, and make contracts for talent, space, time and other facilities and otherwise to do any other act or thing which ABX considers reasonable in order to carry out its obligations under this Agreement or any approved estimate. ABX will be obliged to commit to any expenditure on behalf of the Client without first receiving written confirmation of the Client’s instructions and ABX will not be responsible for the consequences of booking decisions made.

Rights, Ownership, and Usage
Subject to ABX's receiving full payment under this Agreement, ABX assigns to the Client, without representation or warranty, all rights, title and interest to work and services performed. ABX may have in any work specifically created by ABX for the Client pursuant to this Agreement, except that: (a) ABX may use and distribute such work as part of its portfolio for promotional purposes; (b) ABX shall own and retain all rights to any and all concepts, ideas, designs, proposals and other work and materials (collectively, “Work”) which have been presented to the Client but not included in the final work product; (c) ABX shall own and retain all rights to any images, motion files, and other files and features incorporated into or utilized by the Work. Unless the parties agree otherwise in a written and signed approved estimate, ABX shall retain ownership of any and all assets, including any and all associated intellectual property rights. (d) If the Client desires to utilize any of the Work, whether accepted or rejected by the Client hereunder, for any marketing campaign, promotion, product, service, advertisement or any other purpose outside the scope of this Agreement, the Client must inform ABX, in which additional usage fees may apply.

Scope Changes / Additional Services
Any services outside the initially agreed upon estimate or changes to previously approved work requested by the Client shall be the subject to additional fees to be approved in writing by both parties. Each such additional Change of Scope is hereby incorporated herein by this reference including any additional equipment, services, catering, beverages, staff, vendors or modifications to the approved estimate.

Expenses
Client will be notified for approval of any additional expenses in excess of more than twenty percent (20%) of those set forth in the original approved estimate. At ABX's discretion, Client shall reimburse ABX for these additional expenses. Where applicable, ABX will invoice Client for all fees related to acquisition of talent or talent services in advance and will only secure talent services upon receipt of all such fees from Client.

Suppliers
Unless otherwise stated in this Agreement or agreed by the parties in writing, ABX's contracts with suppliers in respect of the Services shall be made in accordance with suppliers’ standard terms or such other terms as ABX is able to negotiate with the relevant supplier. ABX shall act as principal in all such contracts, but all rights and liabilities as between the Client and ABX shall correspond to those between ABX and the various suppliers, including in particular any services and any rights of amendment, omission and cancellation. ABX shall use reasonable efforts to procure best commercial terms for the Client.

Governing Law; Jurisdiction
This Agreement shall be interpreted and construed in accordance with the laws of the city / province of Antwerp, without regard to any conflict of laws principles. Each party hereby irrevocably consents to the exclusive jurisdiction of the province and Federal courts sitting in province Antwerp, Antwerp for the purpose of hearing and deciding any and all disputes, claims and controversies arising out of and relating to this Agreement. The prevailing party in any such action or proceeding shall be awarded all of the costs and fees incurred by it reasonably related thereto, including the fees of its attorneys.

Confidential Information; Non-Solicitation
Confidential information is that which relates to the Client’s or ABX's research, development, trade secrets or business affairs and includes, in the case of ABX's confidential information, concepts presented to, but not selected by, the Client; it does not include information that is generally known or easily ascertainable by third parties. ABX and the Client shall mutually respect and maintain each other’s confidential information and shall use it only to perform their respective obligations hereunder. For the avoidance of doubt, confidential information does not include information which is public knowledge, was in the recipient’s possession before receipt or is independently developed by the recipient. Neither party shall solicit the other’s employees, independent contractors, freelancers, interns or consultants or engage them in any work independent the parties’ relationship under this Agreement during the term of the Agreement and for two years thereafter.

Termination
Either party may terminate this Agreement for any reason upon giving 30 days’ prior written notice to the other. Upon termination of this Agreement by Client without ABX's fault or consent, Client shall pay ABX, in addition to all of the fees earned by ABX pursuant to the terms hereof, an early termination fee equal to 50% of the total remaining fees payable to ABX hereunder (as specified in the Approved estimate), plus any and all expenses and third-party costs reasonably incurred by ABX through the effective date of cancellation. At ABX's election, Client’s delay of work under this Agreement for a cumulative period of more than 30 days without ABX's fault or consent shall be considered a termination of this Agreement by Client within the meaning of the immediately preceding sentence. If Client desires to terminate this Agreement due to ABX's fault, Client shall give ABX written notice detailing the nature of ABX's fault and possible remedies, whereupon ABX shall have a reasonable period of time (but in no event less than 30 days) to cure such fault. Termination by Client without providing the foregoing notice and cure period shall be considered “termination without ABX’s fault’ as described above.

Disclaimer with Respect to Content
A variety of text, graphics, photographs, videos, data, and other materials (“Content”) is available on the Site. While Company strives to keep the Content that it posts on the Site accurate, complete, and up-to-date, Company cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content. Company does not endorse and is not responsible for the accuracy or reliability of any text, graphics, photographs, videos, data, and other materials (“Content”) on the Site.
Company does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Site, unless cases of copyright and/or circumstances in which company and/or vendor expressively requests a removal of such content for other reasons.
Project Names are used as Project Identifiers only. In most cases, the Project Name is meant to display the Client Name for such project. In select cases, the Project Name is meant to display the company name of which the product(s) and/or item(s) in the photograph(s) appear. For instances of personal work and/or portfolio projects, the Project Name will be the most accurate depiction to describe the project.
Notwithstanding the foregoing, Company will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

Indemnity / Hold Harmless
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from any form(s) of text, graphics, photographs, videos, data, and other materials (“Content”) on this website.