Terms and conditions Luuk Beijer Productions
These Terms and Conditions apply to all quotations, assignments, agreements and services provided by Luuk Beijer Productions in relation to videography, video editing, post-production, motion graphics and related audiovisual and creative services.
By confirming an assignment or engaging the services of Luuk Beijer Productions, the Client agrees to these Terms and Conditions, unless otherwise agreed in writing.
1. Definitions and Applicability
1.1 For the purposes of these Terms and Conditions:
Client: the individual or legal entity entering into an agreement with Luuk Beijer Productions.
Contractor: Luuk Beijer Productions.
Services: all work carried out by Luuk Beijer Productions, including videography, video editing, post-production, motion graphics and other audiovisual or creative services.
1.2 These Terms and Conditions apply to all quotations, agreements, assignments and services between Luuk Beijer Productions and the Client, unless expressly agreed otherwise in writing.
1.3 By confirming an assignment in writing, the Client confirms their acceptance of these Terms and Conditions.
2. Quotations and Agreements
2.1 Unless otherwise stated, quotations issued by Luuk Beijer Productions are non-binding and remain valid for 30 calendar days from the date of issue.
2.2 An agreement comes into effect once the Client has confirmed a quotation, estimate or assignment in writing. Confirmation by email or another agreed form of written communication will be considered written confirmation.
2.3 Any additional agreements, amendments or changes made verbally will only become binding once confirmed in writing by both parties.
2.4 Unless otherwise stated, all quoted prices are exclusive of VAT, travel and accommodation expenses, additional licence fees and any other costs incurred specifically for the assignment.
3. Services, Scope and Additional Work
3.1 Luuk Beijer Productions will perform the assignment to the best of its ability, based on the scope, schedule and creative or technical requirements agreed in advance.
3.2 The scope of the assignment, including where applicable the number of filming days, editing days, working hours, deliverables, versions and other services, will be agreed as clearly as reasonably possible in advance.
3.3 Where a quotation or estimate is based on a specified number of working hours or days, those hours or days constitute the estimated scope of work on which the quotation or estimate is based, unless a fixed project fee has expressly been agreed.
3.4 Where additional time is required as a result of additional requests, new or amended instructions, additional materials supplied by the Client, further feedback or other changes requested by the Client, such additional time will be considered additional work.
3.5 Additional work may include, but is not limited to, additional filming or editing days, additional versions or deliverables, subtitles, additional revision rounds, amendments to previously approved elements and any other work falling outside the originally agreed scope.
3.6 Where reasonably possible, Luuk Beijer Productions will inform the Client in advance if requested work falls outside the agreed scope or if it becomes reasonably foreseeable that the original estimate will be exceeded.
3.7 Additional work will be charged at the previously agreed or then-current hourly or daily rate, unless otherwise agreed in writing.
4. Feedback and Revisions
4.1 Unless otherwise agreed in writing, the Client is entitled to a maximum of two standard revision rounds on the work delivered.
4.2 A revision round is considered one consolidated round of feedback. Feedback should, wherever reasonably possible, be provided in full and as one consolidated set of comments by email or through an agreed feedback platform, such as Frame.io.
4.3 Additional feedback submitted after a revision round has already been processed may be considered a new revision round.
4.4 Corrections required as a direct result of a demonstrable error made by Luuk Beijer Productions will not count as a revision round.
4.5 Requests that require an edit to be substantially or entirely rebuilt or restructured do not fall within the scope of a standard revision round.
This includes, but is not limited to, substantial changes to the structure, narrative or creative direction of an edit; replacing music after the edit has already been built around that music, particularly in music-driven edits; and replacing or substantially recreating animations or graphics that have already been produced.
Such changes may be considered additional work and charged accordingly.
4.6 Once a version or specific element has been expressly approved by the Client, it will be considered final. Any subsequent changes may be considered additional work.
4.7 Requested changes must be submitted within 14 calendar days of receiving the relevant version. If no feedback or response is received within this period, Luuk Beijer Productions may consider the relevant version approved, unless otherwise agreed in writing.
5. Scheduling and Delivery of Materials
5.1 Delivery dates and production schedules are based on the information, materials and requirements available at the time the schedule is agreed.
5.2 The Client is responsible for providing all files, footage, feedback, information, access details and other materials required to carry out the assignment in a complete and timely manner.
5.3 If required materials, information, feedback or approvals are provided later than agreed, this may affect the production schedule and delivery date.
5.4 If delays on the Client's side prevent reserved working days from being used, either wholly or in part, Luuk Beijer Productions may reschedule the remaining work based on its next available dates.
In such circumstances, the Client is not automatically entitled to availability immediately following the originally reserved period.
5.5 Where a delay attributable to the Client results in demonstrable additional work or costs, these may be charged as additional work.
5.6 Delivery dates are considered target dates unless a particular delivery date has expressly been agreed in writing as a firm deadline.
6. Cancellation and Rescheduling
6.1 If the Client wishes to cancel or reschedule a confirmed assignment or any reserved work, either in whole or in part, they must notify Luuk Beijer Productions in writing as soon as possible.
6.2 Any work already completed, together with any costs already incurred or which are non-refundable, remains payable in full in the event of cancellation.
6.3 The following cancellation terms apply to specifically reserved work or working days:
more than 3 calendar days before the scheduled work: no cancellation fee;
between 3 calendar days and 24 hours before the scheduled work: 25% of the value of the cancelled reserved work;
less than 24 hours before the scheduled work, or on the scheduled day itself: 50% of the value of the cancelled reserved work.
6.4 Any cancellation fee will apply only to the value of the work or working days actually cancelled and will not automatically be calculated against the total value of the project.
6.5 Rescheduling reserved work to another date may be treated as a cancellation where the originally reserved time can no longer reasonably be allocated to other work.
6.6 Costs already incurred in relation to third parties or external services, including but not limited to crew, equipment hire, locations, permits, travel and accommodation, may be charged in addition to any applicable cancellation fee where such costs cannot be cancelled or recovered.
6.7 No cancellation fee will apply where the cancellation is the direct result of a material failure by Luuk Beijer Productions to fulfil its agreed obligations.
7. Fees and Payment
7.1 The applicable fees will be agreed before the assignment begins and may consist of a daily rate, hourly rate, project fee or a combination thereof.
7.2 Unless otherwise agreed in writing, invoices must be paid in full within 30 calendar days of the invoice date.
7.3 Any queries or objections relating to an invoice should be raised in writing as soon as reasonably possible. A dispute relating to part of an invoice does not suspend the Client's obligation to pay any undisputed amount.
7.4 If payment is not received within the agreed payment period, Luuk Beijer Productions reserves the right to suspend further work and/or withhold any final files that have not yet been delivered until the outstanding amount has been paid.
7.5 Where payment is overdue, statutory interest and reasonable debt recovery costs may be charged to the extent permitted under Dutch law.
7.6 If the Client becomes insolvent, applies for a suspension of payments or ceases trading, all outstanding amounts may become immediately due and payable.
8. Intellectual Property and Usage Rights
8.1 Unless otherwise agreed in writing, all intellectual property rights and copyrights in work created by Luuk Beijer Productions remain with Luuk Beijer Productions.
8.2 Upon receipt of full payment, the Client is granted the right to use the final delivered work for the purpose and within the context for which it was created, as agreed for the relevant assignment.
8.3 Underlying project files, working files, templates, presets, workflows, concepts and other materials developed or used by Luuk Beijer Productions are not automatically included as part of the final delivery and remain the property of Luuk Beijer Productions.
8.4 The delivery or transfer of project files, including Adobe Premiere Pro, After Effects or DaVinci Resolve project files, must be agreed separately and may be subject to additional charges.
8.5 Unless otherwise agreed in writing or prevented by an applicable confidentiality obligation, Luuk Beijer Productions retains the right to use the final work, or excerpts from it, for its own promotional purposes, including its portfolio, website and social media channels.
8.6 Third-party materials, including music, stock footage, fonts, plug-ins, templates and other licensed assets, remain subject to the licence terms of their respective rights holders. Rights in such materials are not automatically transferred to the Client.
9. Materials Supplied by the Client
9.1 The Client is responsible for obtaining all necessary rights, licences and permissions for footage, music, logos, images, text and any other materials supplied by the Client for use in the assignment.
9.2 Luuk Beijer Productions will not be liable for third-party claims arising from the use of Client-supplied materials for which the necessary rights, licences or permissions have not been obtained.
9.3 The Client is responsible for the accuracy of any text, names, figures, logos and other information supplied by the Client, unless it has expressly been agreed that checking such information forms part of the assignment.
10. Storage and Project Files
10.1 Luuk Beijer Productions is not required to retain source material, raw footage, project files, exports or other project-related files indefinitely following final delivery.
10.2 For long-form projects and other projects involving a large volume of source material, particularly projects containing approximately 100 GB or more of source files, supplied and/or recorded video and audio material will generally be retained for up to 7 calendar days following final delivery. After this period, such material may be permanently deleted without further notice.
10.3 Other project files and project-related materials, including editing project files, original graphics, animations and other assets created specifically for the project, will generally be retained for up to 30 calendar days following final delivery. After this period, Luuk Beijer Productions may permanently delete these files.
10.4 The Client is responsible for downloading and securely storing all final files delivered to them and, where separately agreed, any other files made available to the Client.
10.5 If the Client requires source material, project files or other project materials to be retained beyond the applicable retention period, this must be agreed in writing before that period expires. Additional fees may apply for extended storage or archiving.
10.6 The retention periods stated above do not constitute a guarantee that files can be recovered throughout the full retention period in the event of technical failure, data loss or other circumstances outside the reasonable control of Luuk Beijer Productions.
11. Liability
11.1 Luuk Beijer Productions will perform the agreed services with reasonable professional care and to the best of its ability.
11.2 To the extent permitted by law, Luuk Beijer Productions will not be liable for indirect or consequential loss, including but not limited to loss of income, loss of profit, reputational damage, missed publication dates or loss of data.
11.3 Luuk Beijer Productions will not be liable for loss, damage or delay arising from:
incorrect, incomplete or late information or files supplied by the Client;
technical issues or failures affecting third-party services, storage, transfer or distribution platforms;
alterations made to the delivered work by the Client or any third party following delivery;
circumstances reasonably beyond the control of Luuk Beijer Productions.
11.4 To the extent permitted by law, the total liability of Luuk Beijer Productions will be limited to the amount paid or payable by the Client for the part of the assignment to which the liability relates.
11.5 The limitations above will not apply to the extent that liability cannot lawfully be excluded or limited under applicable law.
12. Force Majeure
12.1 Luuk Beijer Productions will not be liable for any failure or delay in performing its obligations where this results from circumstances reasonably beyond its control.
Such circumstances may include, but are not limited to, illness, serious technical failures, power or internet outages, loss of or damage to essential equipment, failures affecting suppliers or third-party services, government measures, extreme weather conditions and other events of force majeure.
12.2 For the duration of a force majeure event, affected obligations may be suspended to the extent that their performance is not reasonably possible.
12.3 Any work already completed which has independent value to the Client remains payable.
12.4 Where reasonably possible, both parties will seek to agree a revised schedule or other appropriate solution.
13. Confidentiality
13.1 Both parties agree to keep confidential any confidential information exchanged in connection with the assignment.
13.2 Information will be considered confidential where it has expressly been identified as such or where its confidential or commercially sensitive nature would reasonably be apparent.
13.3 Confidential information may not be disclosed to third parties without permission, unless disclosure is reasonably necessary for the performance of the assignment or is required by law.
13.4 Where Luuk Beijer Productions engages third parties in connection with the assignment, information necessary for the performance of their work may be shared with those parties to the extent reasonably required.
14. Suspension and Termination
14.1 If either party fails to fulfil its obligations under the agreement, the other party may suspend performance or terminate the agreement after giving the defaulting party a reasonable opportunity to remedy the failure, unless the nature or seriousness of the circumstances justifies immediate termination.
14.2 Luuk Beijer Productions may, among other circumstances, suspend work where agreed payments have not been made or where information, materials or cooperation necessary to carry out the assignment have not been provided.
14.3 In the event of termination, all work already carried out, costs incurred and other amounts due up to the date of termination remain payable by the Client.
14.4 Where circumstances arise which mean that Luuk Beijer Productions cannot reasonably be expected to continue the assignment, the parties may agree to terminate or restructure the assignment.
15. Governing Law and Disputes
15.1 These Terms and Conditions and all agreements between Luuk Beijer Productions and the Client are governed by the laws of the Netherlands.
15.2 Both parties will make reasonable efforts to resolve any dispute through consultation and negotiation in the first instance.
15.3 If a dispute cannot be resolved between the parties, it will be submitted to the competent court under Dutch law.
16. Amendments to these Terms and Conditions
16.1 Luuk Beijer Productions reserves the right to amend these Terms and Conditions from time to time.
16.2 Unless otherwise agreed in writing, the version of these Terms and Conditions in force at the time an assignment is entered into will apply to that assignment.
16.3 The latest version of these Terms and Conditions may be made available through the Luuk Beijer Productions website.