Terms and conditions
Everything I do is governed by the General Terms and Conditions of DuPho, the Dutch professional photographers’ association. Those terms are set out in full further down this page, in the August 2026 version. On top of that, my own supplementary terms apply to workshops, talks and orders in the shop. The applicability of any terms and conditions of the other party is expressly rejected.
This is a translation for your convenience. The Dutch version is the binding text; in case of any difference, the Dutch wording applies.
Which terms take precedence
Where my supplementary terms and the DuPho terms contradict each other, my supplementary terms take precedence. That is deliberate: on a few points I arrange things differently from what DuPho prescribes. Anything I do not cover separately below is governed by the DuPho text.
Mandatory consumer law always takes precedence over both. Nothing in these terms affects the rights you have as a consumer by law.
Who you enter into an agreement with
Michiel Heijmans Fotografie
Bijsterhuizen 2414, 6604 LL Wijchen, the Netherlands
Chamber of Commerce 87574012
VAT number NL004439631B22
mail@michielheijmans.com, +31 6 26 32 63 16
What you will find where
My supplementary terms:
- Workshops and talks
- Payment, deposit and remaining amount
- Withdrawal and returns
- Gift vouchers
- Governing law and competent court
- Changes
The General Terms and Conditions of DuPho, articles 1 to 15:
My supplementary terms
Workshops and talks
Once you have signed up for a workshop, you immediately receive a link to the details of the day, including the starting location. If that location is not listed yet, you will hear it well before the start.
A workshop goes ahead with a minimum of two participants, and goes ahead whatever the weather. The only exceptions I make are a snowstorm or a natural disaster.
If I unexpectedly have to postpone a workshop, we plan a new date together. Should I have to postpone the same workshop a second time, you can opt for a refund of what you paid instead.
Cancellations are only accepted by email, at mail@michielheijmans.com. For one-day workshops and talks you can cancel free of charge up to fourteen days before the day itself. If you cancel between fourteen and seven days before, I charge 50% of the amount. If you cancel within seven days of the day itself, I charge 100%. For multi-day workshops, you can cancel free of charge up to 28 days before the first day; if you cancel between 28 and fourteen days before the first day, I charge 50% of the amount; and if you cancel within fourteen days of the first day, I charge 100%.
If you cancel after paying a deposit, you won't get your deposit back. If you cancel within the periods above, the percentages apply to the full amount, and your deposit counts towards it.
If you can't make it, someone else can take your place. Let me know by email beforehand who will be coming instead. There's no charge for this.
I recommend taking out travel or cancellation insurance.
Travel and accommodation are not included in the price, you arrange those yourself. I encourage travelling by train, but the choice is yours.
I assume you know your own camera. Familiarity with how it works, along with ISO, aperture and shutter speed, is expected.
This cancellation arrangement takes precedence over articles 5.5 and 5.6 of the DuPho terms. Article 5.5 entitles me to the full fee in the event of cancellation, unless we have agreed otherwise. Article 5.6 provides that, as a private individual, you only pay the costs I have already incurred and the work I have already done. For workshops and talks I stick to the periods above. If you book as a business, they work out more favourably for you than article 5.5.
A workshop or talk on a set date falls under the statutory exception to the right of withdrawal for leisure activities, article 6:230p sub e of the Dutch Civil Code. The fourteen-day cooling-off period from the shop therefore does not apply to it. The cancellation periods above do.
Payment, deposit and remaining amount
For consumers, prices in the shop include 21% Dutch VAT. If you are a business customer within the EU and outside the Netherlands with a valid VAT number, VAT is reverse charged. I send an invoice on request; you can indicate this at checkout.
If you book a session that is still at least 28 days away, you can pay in two parts: a deposit now and the remainder later. How much that deposit is depends on the amount and is shown at checkout. Below 600 euros you pay in one go, and paying in one go is always an option.
The remainder has to be in at the latest fourteen days before the session. You receive notice of that beforehand, three weeks and a good two weeks in advance. If the remainder does not come in on time, the booking expires and the deposit is not refunded. Booking a new date afterwards is no problem.
For assignments I invoice, the payment period of fourteen days from article 4.1 of the DuPho terms applies.
Withdrawal and returns
If you buy something in the shop as a consumer, you have a fourteen-day cooling-off period. During that period you can withdraw from the agreement without giving a reason, using the form on Withdraw from agreement.
For a few things that right of withdrawal does not apply, or it lapses earlier. For digital products such as e-books and presets it lapses as soon as the download is made available to you, because you have already received the files; you expressly agree to this when you buy. For the online courses Streetwise and Streetsessions it lapses after the first email you receive, and for the mentoring programme after the first session. For workshops and talks on a set date, the cancellation periods above apply.
If a product has to be returned, you have fourteen days after your notice to send it back. The cost of return shipping is yours. I refund your payment within fourteen days of receiving the product, or as soon as you show that you have sent it.
Outside that statutory cooling-off period I only accept returns for a defective product. When shipping, I take every measure to prevent damage in transit.
Gift vouchers
A gift voucher applies to the session, workshop or masterclass it was bought for and is valid for two years from the day you buy it. If you order for less than the value of the voucher, the remainder stays on it for a future order. It cannot be exchanged for cash.
Governing law and competent court
All agreements with Michiel Heijmans Fotografie are governed exclusively by Dutch law.
Any dispute arising from or connected with an agreement shall be submitted exclusively to the District Court of Gelderland, sitting in Arnhem, the Netherlands. This choice of forum takes precedence over article 15.2 of the DuPho terms, which refers only to ‘the competent court in the Netherlands’.
If you are a consumer, mandatory law applies in addition and always takes precedence. If you live in the European Union, you may also bring a case before the court of your own place of residence, and I may sue you only there. If you live in the Netherlands, you may, within one month after I invoke this choice of forum, still opt for the court that is competent by law.
Changes
I may amend these supplementary terms. For an agreement already in progress, the version that applied when you entered into it remains in force.
Last updated on 2 November 2026.
General Terms and Conditions of DuPho
Below is the full text of the General Terms and Conditions of DuPho, August 2026 version, reproduced unchanged.
1. Definitions
In these General Terms and Conditions, the following terms shall have the meanings set out below:
General Terms and Conditions: these General Terms and Conditions of DuPho.
Aw: the Dutch Copyright Act (Auteurswet 1912).
Photographer: the user of these general terms and conditions within the meaning of art. 6:231 BW.
Photographic Work/Work: the photographic work created by the Photographer, as referred to in art. 10(1)(9) Aw, or other works within the meaning of the Aw which can be equated with such photographic works.
Use: reproduction and/or publication of the Photographic Work within the meaning of art. 1 jo. 12 and 13 Aw.
Licence: the right to Use the Photographic Work.
Assignment: an agreement for services within the meaning of art. 7:400 BW, concluded between the Client as principal and the Photographer as contractor.
Client: the other party within the meaning of art. 6:231 BW, being the contracting party of the Photographer.
Wherever the masculine form is used in these general terms and conditions, the feminine form shall be deemed to be included.
2. Applicability
These General Terms and Conditions apply to all legal relationships between the Photographer and the Client, including quotations, assignment confirmations and oral or written agreements, also after termination of an agreement, unless the parties have deviated from these terms and conditions in writing and expressly. The applicability of any general terms and conditions of the Client is expressly rejected.
3. Fee
3.1 If the parties have not agreed on a fee, the Photographer shall determine the fee unilaterally and in accordance with reasonableness and fairness, taking into account the work performed, the scope and extent of the Use of the Work desired by the Client.
3.2 Necessary costs and/or additional work must be reimbursed by the Client.
4. Invoicing and payment
4.1 Payment must be made within 14 days of the invoice date.
4.2 If the Photographer has not received the amount due within the period specified in 4.1, the Client will be in breach and therefore liable for interest at the statutory rate plus 2%.
4.3 If the Client is in breach of any of its obligations under the agreement, including any infringement of copyright, the Client will be liable for all judicial and extra-judicial costs incurred by the Photographer when acquiring payment.
4.4 All Use of the Photographic Work, in any shape or form, is prohibited until the Client has paid any of the Photographer's invoices which might be outstanding.
5. Assignment
5.1 The Client shall notify the Photographer in writing of any specific wishes relevant to the performance of the Assignment, and shall do so in good time before the assignment commences.
5.2 The Photographer shall carry out the Assignment according to its own technical and creative judgement, while endeavouring to accommodate the specific wishes of the Client referred to in the preceding paragraph.
5.3 The Assignment shall at all times be regarded as an obligation of best efforts (inspanningsverbintenis), not an obligation to achieve a result (resultaatsverbintenis).
5.4 Changes to the assignment by the Client for whatever reason, are for the account of the Client and will only be implemented by the Photographer after a separate offer for the additional costs has been signed as approved by the Client and returned to the Photographer.
5.5 In the event of cancellation of an Assignment by the Client, at any time and for whatever reason, the Photographer shall be entitled to the agreed fee, unless otherwise agreed.
5.6 In the event of cancellation by a private Client not acting in the exercise of a profession or business, that Client shall owe the Photographer the costs already incurred and the work already performed.
6. Force majeure
6.1 The Photographer shall not be liable for any failure, or failure in time, to fulfil its obligations as a result of force majeure.
6.2 Force majeure shall be understood to mean, in addition to what is understood by that term in law and case law, any cause originating from outside, whether foreseen or unforeseen, over which the Photographer has no influence and as a result of which the Photographer is unable to fulfil its obligations, including but not limited to illness and temporary or permanent incapacity for work, traffic congestion and delays, fire and theft.
6.3 Force majeure shall also be understood to include technical defects, including but not limited to disruptions at hosting providers, power outages or the failure of third-party software, insofar as these occur despite demonstrably careful technical maintenance and adequate precautionary measures.
6.4 In the event of force majeure, the Photographer shall have the right, in consultation with the Client, to be replaced by a fellow photographer. This substitute shall be designated by the Photographer.
7. Copyright
The copyright of the Photographic Works is owned by the Photographer.
8. Use of the work
8.1 Permission for Use of a Photographic Work by the Client will be granted exclusively in writing and in advance, in the form of a Licence, of which the nature and scope is described by the Photographer in the quotation and/or the confirmation of the assignment and/or the relevant invoice.
8.2 If the scope of the Licence is not specified, it shall be deemed to comprise no more than the right to single use, in unaltered form, for the purpose, print run, duration and manner as the parties intended when entering into the agreement, in accordance with the Photographer's understanding thereof.
8.3 An exclusive Licence shall not affect the Photographer's right to use the work for its own portfolio and promotional publications for the benefit of its own practice.
8.4 The Client is not permitted to transfer the Licence described in this article to third parties, except with the prior written consent of the Photographer.
8.5 Unless otherwise agreed, the Client is not authorised to grant sublicences to third parties.
9. Copyright infringement
9.1 Any Use of a Photographic Work that has not been agreed shall constitute an infringement of the Photographer's copyright.
9.2 Making the Photographic Work available to third parties for any purpose whatsoever, without the Photographer's consent, shall be equated with Use within the meaning of this article.
9.3 In the event of infringement, the Photographer shall be entitled to compensation equal to three times the licence fee customarily charged by the Photographer for such use, without prejudice to the Photographer's right to compensation for any other damage suffered, including the right to compensation for all direct and indirect damage and all actual judicial and extrajudicial costs incurred.
10. Attribution and Moral Rights
10.1 The Photographer's name must be clearly credited with every Use of the Work.
10.2 The Client shall observe the Photographer's moral rights in accordance with art. 25(1) Aw with every Use.
10.3 For every infringement of moral rights, including the right to be named, the Client shall owe compensation of at least 100% of the licence fee customarily charged by the Photographer, without prejudice to the right to compensation for any other damage suffered, including the right to compensation for all direct and indirect damage and all actual judicial and extrajudicial costs incurred.
11. Liability
11.1 Without prejudice to the provisions of art. 6, the Photographer's liability is limited to the amount actually paid out under the Photographer's insurance.
11.2 If and insofar as the damage is not insured or not covered, for whatever reason, the Photographer's liability shall be limited to compensation for direct damage up to a maximum of the amount of the Photographer's invoice relating to the service in connection with which the damage arose.
11.3 Without prejudice to the provisions of the two preceding paragraphs, in all other cases the Photographer's liability shall be limited to an amount of €10,000 (ten thousand euros).
11.4 The limitations of liability contained in this article shall also apply for the benefit of third parties engaged by the Photographer in performing the Assignment, but shall not apply in the event of intent or gross negligence on the part of the Photographer.
11.5 The Photographer shall not be liable towards the Client for claims by third parties, including fines, arising from the Use of the Work, unless there is gross negligence or intent on the part of the Photographer. The Client shall indemnify and hold the Photographer harmless in this regard.
12. Artificial Intelligence
12.1 The Client is not permitted to use the Photographic Work as input for an AI application.
12.2 The Client is not permitted to generate image(s) by means of an AI application using prompts that include the Photographer's name, works or style.
13. Bankruptcy/suspension of payment
13.1 Both the Photographer and the Client shall have the right to dissolve the agreement with immediate effect, without retroactive effect, if the other party is granted a suspension of payment or is declared bankrupt, without prejudice to the obligation to pay for services already performed and invoices already due.
13.2 In the event of the Client's bankruptcy, the Photographer shall furthermore have the right to terminate the granted Licence with immediate effect, but not retroactively.
14. Complaints, forfeiture of rights
14.1 Complaints about the work performed or the Work delivered must be reported to the Photographer in writing, with reasons, within 14 days of delivery, or within 14 days after the defect was reasonably discoverable.
14.2 Insofar as performance is not permanently impossible, the Photographer shall have the right to remedy the complaints referred to in the preceding paragraph within a reasonable period.
14.3 Failure to report in time shall result in the forfeiture of any claim by the Client in that respect, regardless of whether the Client has suffered any disadvantage as a result. Claims arising from a complaint reported in time must be brought before the court within one year of the complaint, failing which they shall lapse.
15. Choice of law and forum
15.1 All matters to which these General Terms and Conditions apply shall be governed by Dutch law.
15.2 Disputes between the Photographer and the Client shall be submitted to the competent court in the Netherlands.
DuPho. | Dutch Professional Photographers, Piet Heinkade 181-G, 1019 HC Amsterdam. © DuPho. August 2026. These General Terms and Conditions have been filed with the District Court of Amsterdam under filing number: 28/2026.
Download the General Terms and Conditions of DuPho as a pdf (August 2026)