360' atelier

or

full–service

creative agency

for

product

+ personal brands

Terms and Conditions for all creative services - 360' Atelier © 2025. All rights reserved.

Last updated: [06.11.25]


1 | GENERAL & DEFINITIONS

1.1)


1.2)


1.3)

1.4)

1.5)




1.6)





1.7)


1.8)


1.9) 



1.10) 


1.11)

1.12)

1.13) 



1.14)


1.15)



 
1.16)



1.17)




2 | QUOTATION

2.1)


 

2.2) 


2.3) 

2.4) 


2.5) 


2.6)



3 | ASSIGNMENT / AGREEMENT

3.1)
 

3.2)

3.3)

3.4)


3.5)

3.6) 



3.7) 


3.8) 



3.9)





4 | EXECUTION OF THE ASSIGNMENT

4.1) 


4.2) 


4.3) 



4.4)  












4.5)




4.6) 


4.7) 




4.8)



4.9) 

4.10) 



4.11) 



4.12) 




4.13)



5 | PAYMENT, OBLIGATION AND SUBSCRIPTION

5.1) 

5.2)
 

5.3) 

5.4) 




5.5) 


5.6) 









Subscription:

5.7) 



5.8) 

5.9) 

5.10) 

5.11)



6 | CANCELLATION / TERMINATION

6.1)



6.2)




6.3)



6.4)




6.5)



7 | INTELLECTUAL PROPERTY AND PENALTY CLAUSE

7.1)


7.2)



7.3)


7.4)





7.5)


7.6)






7.7)



7.8)





8 | LIABILITY, INDEMNITY AND FORFEITURE CLAUSE

8.1)


8.2)



8.3)


8.4)




8.5)


8.6)



8.7)


8.8)

8.9)



8.10)



9 | OTHER

9.1)




9.2)



9.3)




9.4)


9.5)

9.6)


9.7)

9.8)

Terms and Conditions:

[for creative services]

[for talent management]








360' Atelier: 360' Atelier is a sole proprietorship based in Berkel en Rodenrijs and registered with the Dutch Chamber of Commerce under number 82315167.

General terms and conditions: These general terms and conditions apply to all provisions herein. 360' Atelier is the user of these general terms and conditions.

The pronouns 'she' and 'her' refer to 360' Atelier.

The term 'you' refers to both parties, i.e. both 360' Atelier and you (as the client).

Quotation: the written offer by 360' Atelier regarding, among other things, the service or product, price, and terms. All quotations are valid for the period stated in the quotation. If no term is specified, the quotation is valid for 14 days from the date it is sent. If you do not accept the quote within the applicable period, the quote will expire.

Assignment: the social media service or product. This includes, but is not limited to, social media management, content creation, photography, videography, creative direction, design, branding, copywriting and web design. Associated products may include (but are not limited to) online templates, mock-ups, automations, advertisements, logos, corporate identities and the like in the area of branding and design - provided by 360' Atelier.

Client: Informal language is used in these terms and conditions. You are the 'client', whether you are a natural person or legal entity.

Agreement: An agreement is established by the offer and its acceptance. In other words, 360' Atelier makes you an offer and you accept it.

Distance contract: see Article 6:230g paragraph (1) under (e) of the Dutch Civil Code – the agreement concluded without physical presence of both parties, where communication and conclusion take place exclusively via remote means, such as the internet.

In writing: where these terms and conditions refer to 'in writing', this includes electronic communication such as email, WhatsApp, social media messages, or other forms of digital messaging.

Website: www.360-atelier.com

CC: Dutch Civil Code.

Any deviations from these general terms and conditions must be explicitly agreed in writing. In principle, no deviations apply. If any provision of these terms and conditions is found to be void, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

If a separate agreement has been concluded and there is a conflict with these general terms and conditions, the terms in the agreement shall prevail.

Both parties are obliged to keep confidential information confidential. Confidential information means in any case the information which has been designated as confidential by one of the parties and information of which it appears from the nature of that information that it is logically confidential. 360' Atelier is exempted from this duty of confidentiality if it has a duty to disclose under statutory regulations.

360' Atelier may engage third parties for the performance of an assignment, with due care. The aforementioned paragraph 16 also applies. The effect of Sections 7:404, 7:407 (2) and 7:409 (2) of the CC is expressly excluded.

360' Atelier uses internet-based communication to carry out assignments and communicate with you. If third parties gain access to this information (e.g., due to hacking or viruses), 360' Atelier is not liable for any resulting damages caused by using this method of communication.




The quotation provided by 360' Atelier includes a clear and complete description of the products and/or services offered and the associated (package and/or subscription) prices and costs. These costs may include travel expenses, as well as production-related costs such as photo or video shoots, location fees, and equipment rentals.

If applicable, the quotation will also specify the number of feedback rounds agreed upon between 360' Atelier and you.

360' Atelier reserves the right to decline an assignment without stating a reason.

Quotations do not automatically apply to follow-up assignments or repeat orders, unless explicitly agreed otherwise.

360' Atelier is not bound by a quotation if it is reasonably apparent that the offer contains an error, such as a typographical, clerical, or calculation mistake.

If the offer is based on incorrect or incomplete information provided by you, 360' Atelier reserves the right to adjust the quotation, delivery timelines, and/or pricing accordingly.




An agreement is formed by the quotation and its acceptance. In other words, 360' Atelier makes you an offer and you accept it. The acceptance can be given in writing or verbally.

If the agreement is made verbally, 360' Atelier will confirm it in writing.

The term of the agreement depends on the nature of the assignment.

The duration may range from a single day to several weeks or months, and may also include participation in an (online) program of a certain length.

The duration of the assignment is always clearly communicated.

By entering into the agreement, 360' Atelier commits to a best-efforts obligation. This means it will perform the assignment to the best of its ability but does not guarantee any specific outcome. As such, 360' Atelier cannot be held liable for results not achieved.

All products and services delivered by 360' Atelier, including passwords or login codes, remain the property of 360' Atelier until full payment of all amounts owed by you has been received.

360' Atelier reserves the right to adjust its rates. If a price change occurs during the term of an agreement or subscription, you have the right to terminate the agreement. This right does not apply if the price change is the result of statutory regulations.

360' Atelier is entitled to engage third parties for the execution of (parts of) the assignment. If this results in (additional) costs, they will only be passed on to you after prior consultation. 360' Atelier is not responsible or liable for the delivery or quality of services and/or products provided by third parties and cannot issue refunds for them if the assignment has been agreed upon with you.




You are responsible for providing accurate and complete information and materials necessary for 360' Atelier to properly carry out the assignment.

You must provide the correct information to 360' Atelier in a timely manner, meaning within seven (7) calendar days of 360' Atelier's request for information.

If you fail to provide the required information within this timeframe, 360' Atelier is entitled to suspend the execution of the assignment until you fulfill your obligations. Any resulting delays, additional work, or costs will be charged to you.

When you have scheduled a session with 360' Atelier, you may cancel or reschedule it, provided you do so at least 48 hours in advance. If you fail to attend without notice, a fee of EUR €750 (excl. VAT) will be charged to cover preparation time and the reserved timeslot. Do you cancel your physical (in-person) session less than 48 hours before the appointment? Then 360' Atelier will charge a fee of EUR €500,- ex VAT. This is in connection with the possible rental of a space and/or team, the preparation time and keeping the time free for you. Do you cancel your online appointment less than 24 hours before the appointment? Then 360' Atelier will charge you a fee of EUR €250,- ex VAT. If you have already paid a deposit to 360' Atelier, for whatever reason, the costs associated with the late cancellation or no show that you owe 360' Atelier may be deducted from your bill. These measures will not be imposed on you if there is force majeure. The term 'force majeure' is explained in article 6:75 CC. Note article 6 paragraph 4 of these general terms and conditions, illness also falls under force majeure. Please note that it goes without saying that you do your best to pass on the matter of force majeure to 360' Atelier as soon as possible.

In addition to the previous paragraph, if appointments are cancelled within 24 hours rescheduling will be subject to 360' Atelier's availability and planning. This may result in shortened sessions or rescheduled delivery timelines. You will not be entitled to compensation or termination of the agreement due to missed deadlines resulting from such changes.

In addition to paragraphs 4 and 5 of this article, the costs resulting from cancellation or rescheduling with a third party will be charged to you. 360' Atelier cannot be held responsible for such costs.

360' Atelier reserves the right to cancel or reschedule sessions in the event it is unable to execute the assignment properly or due to force majeure, including illness, incapacity, or the death of someone within its close personal circle. In such cases, previously agreed deadlines may be adjusted without liability for compensation or termination.

360' Atelier has the right to change and/or expand the agreed goals in the interest of the agreement. Should the duration of the agreement change as a result, 360' Atelier will consult with you and, if necessary, agreements will be made about the changes and their (financial) consequences.

360' Atelier performs assignments both online and on location, as agreed with you. Travel costs may be charged.

While respecting your interests, 360' Atelier reserves the right to use results from the assignment (e.g. visuals, designs, screenshots) for self-promotion, including but not limited to social media and portfolio purposes.

Without prior written permission from 360' Atelier, you may not alter, extend, or otherwise reuse the deliverables beyond the agreed scope. Unauthorized use constitutes a breach of rights and may result in financial compensation, as referenced in article 7 paragraph 6 of these general terms and conditions.

360' Atelier is not obligated to retain any files, data, images, videos, documents, websites, content, or login credentials. You are responsible for secure storage and backup. No guarantee is provided for creating or maintaining backups, unless otherwise agreed. Exporting any files after delivery will be charged based on 360' Atelier's then-current hourly rate.

If, during the agreed bugfix or aftercare period, you make changes to the work delivered by 360' Atelier or start working on it independently, the right to free repair of any defects under this arrangement lapses.




All prices of 360' Atelier are exclusive of VAT.

Work may be invoiced at any time. For some assignments a deposit will be required before the assignment begins. See paragraphs 3 and 4 of this article for further details.

Payment in instalments may be arranged by mutual agreement.

360' Atelier reserves the right to request an (additional) deposit or full advance payment. This must be paid as soon as possible. 360' Atelier is under no obligation to begin the assignment until the payment has been received. If the payment remains outstanding for more than one month, 360' Atelier may terminate the agreement with immediate effect and without any obligation to compensate for damages or loss.

Any administration or reversal fees resulting from your actions are your sole responsibility and at your own risk.

Unless otherwise agreed, the standard payment term is 14 days. If payment is not received on time, a grace period of 7 additional days applies. If payment is still not made, you will be considered in default without further notice. Your option to pay in installments will expire, making the total amount immediately due and payable by 360' Atelier. 360' Atelier is then entitled to charge statutory interest on top of the amount due and judicial and extrajudicial collection costs. This is calculated according to the (graduated) collection rate advised by the Netherlands Bar Association. The collection costs are at least 15% of the invoice amount due (minimum €150,- ex VAT). If additional costs are incurred for, for example, but not limited to, engaging a collection agency, a lawyer or jurist, legal proceedings at the court, these costs will also be recovered from you.



Subscription fees are collected monthly via direct debit from the start date of the subscription. Payment is always made in advance for the upcoming month. If the direct debit fails, 360' Atelier may suspend your access to the subscription until payment has been completed.

You have access to the subscription as long as you remain a member.

After the minimum term the subscription will automatically renew on a monthly basis.

You may cancel your subscription (after the minimum period) by sending an email to info@360-atelier.com.

You can cancel until no later than one (1) month before the next scheduled payment. The subscription will then end the day before the next payment would be due.




If you are a company/legal entity, you cannot cancel the purchase of an order, even if you no longer wish to use the agreed services of 360' Atelier, unless otherwise agreed to in writing. If a deposit has already been paid, it will not be refunded unless explicitly agreed otherwise.

If you have made a down payment or full payment, you are still required to fulfill the obligations outlined in Article 4, paragraphs 1 and 2. Failure to do so entitles 360' Atelier to suspend or terminate the agreement immediately upon the expiry of the relevant term. In such cases, all obligations of 360' Atelier under the agreement will cease, and no refunds will be issued for any amounts already paid.

If you or your company is declared bankrupt, files for suspension of payment, or if (part of) your assets are seized, 360' Atelier may immediately suspend or terminate the agreement in writing. The same applies in the event of your death. No refunds will be issued for any payments already made.

If the agreement is terminated due to a situation of force majeure, 360' Atelier is entitled to charge for any hours already worked and/or costs incurred. The definition of force majeure is in line with Article 6:75 of the CC. What is explained in this article about force majeure is extended in these general terms and conditions. Sickness also falls under force majeure in these general terms and conditions.

Upon termination or cancellation of the agreement, you are no longer permitted to use any deliverables or results originating from the assignment.




All works, digital products, and services offered by 360' Atelier — including those displayed on its website — are protected by intellectual property rights, such as copyrights. 360' Atelier is the rightful owner.

All intellectual property displayed on or through the website, including but not limited to texts, videos, and images, may not be copied, published, or otherwise distributed to third parties without the prior written consent of 360' Atelier.

All intellectual property rights arising from or resulting from any agreement with 360' Atelier shall remain the sole property of 360' Atelier.

You may not reproduce, exploit, disclose, sell, or make available to third parties any materials or documents created by 360' Atelier — this includes, but is not limited to, ideas, methods, presentations, videos, illustrations, images, brand elements, templates, designs, concepts, and written content — unless you have obtained prior written permission from 360' Atelier. In such cases, 360' Atelier may request additional compensation.

You may not offer a similar product or service that competes with 360' Atelier's offering if the basis of that product or service is derived from a purchase you made as a client of 360' Atelier.

If 360' Atelier designs and/or develops a website for you, you are granted a non-transferable license to use the website indefinitely, provided all payments (including any term-based payments) have been fulfilled and the website has been officially delivered. You are permitted to modify texts and images on the website, but adjustments to the layout, such as adding pages, changing colors or moving elements, may only be made by 360' Atelier. In addition, the website must contain a visible and legible mention of '360' Atelier'. Copyright remains entirely with 360' Atelier and is not transferred.

If you breach any of the provisions in this article, you will be liable, in addition to damages, for an immediately payable fine of EUR €15,000 (fifteen thousand euros), plus EUR €10,000 (ten thousand euros) for each day the infringement continues, up to a maximum of EUR €150,000 (one hundred fifty thousand euros).

360' Atelier guarantees that any design or product provided was created by or on behalf of 360' Atelier and that it holds the legal rights to dispose of it as the creator under the Dutch Copyright Act. It also guarantees that, to the best of its knowledge, the deliverables do not infringe upon third-party rights or violate the law.




360' Atelier is not liable for any (in)direct damage resulting from the work or execution of the assignment, unless there is a legal or contractual attributable failure, intent or gross negligence.

If 360' Atelier is nevertheless found liable, the total demonstrable liability for direct damages shall be limited to the amount agreed upon in the relevant quotation or invoice. If applicable, liability is further limited to the amount paid out by 360' Atelier's liability insurance.

For assignments with a duration longer than six months, 360' Atelier's liability for direct damage is limited to the fee of a maximum of the last six consecutive months.

In the event of a breach attributable to 360' Atelier, you must first issue a formal written notice of default, allowing a reasonable period for 360' Atelier to still fulfill its obligations or rectify any errors. Only if 360' Atelier fails to comply within that period will you be entitled to compensation. This requirement does not apply if performance is clearly impossible or if the error(s) cannot be remedied.

360' Atelier is not liable for any damages caused by the actions or omissions of third parties engaged in the execution of the assignment. The effect of article 6:76 CC is hereby expressly excluded.

Under no circumstances shall 360' Atelier be liable for indirect or consequential damages, including but not limited to: loss of clients, loss of profit, missed savings, repair costs, or damages resulting from business interruption.

If you fail to comply with your obligations under article 4 section 1 and section 2 and you have e.g. supplied incorrect data or data too late, then 360' Atelier is not liable for the consequences of this.

360' Atelier shall not be held liable for any matters beyond its reasonable control.

You agree to indemnify and hold 360' Atelier harmless against any claims from third parties, including legal fees, arising from or related to the performance of the agreement, except in cases of intent or gross negligence by 360' Atelier.

Your right to compensation expires one year after you became aware or should have become aware of the event from which the damage (apparently) directly results.




The applicability of any general terms and conditions used by you is expressly rejected. If you have a complaint, it must be submitted to 360' Atelier in writing within 30 days of completion of the assignment. Submitting a complaint does not suspend your payment obligation. Failure to meet the deadline means your complaint will no longer be considered.

All offers, quotations, orders, agreements between you and 360' Atelier and these general terms and conditions are governed by Dutch law. Disputes arising from the legal relationship between you and 360 "Atelier will be (as a last resort) submitted to the competent court in the district where 360 "Atelier is located.

These terms and conditions also apply to additional assignments and follow-up assignments, to quotations, offers, orders, assignments, services rendered, agreements and other work performed by or on behalf of 360' Atelier. The latter includes services performed by third parties engaged by 360' Atelier in connection with the assignment.

360' Atelier reserves the right to amend or supplement these general terms and conditions. In such cases, you will be notified in writing. The most recent version communicated to you shall always apply.

If 360' Atelier deviates from these terms and conditions in your favor, you derive no rights therefrom.

In the event of a conflict between a provision in these general terms and conditions and a provision in a specific agreement, the provision in the specific agreement shall prevail, unless explicitly agreed otherwise.

These general conditions remain in force even after termination of the assignment.

Questions about these general terms and conditions? Please send an email to info@360-atelier.com.

or

full–service

creative agency

for

product

+ personal brands

Terms and Conditions for talent management - 360' Atelier © 2025. All rights reserved.

Last updated: [06.11.25]


1 | GENERAL & DEFINITIONS

1.1)


1.2)


1.3)

1.4)

1.5)




1.6)

1.7)


1.8)


1.9) 


1.10) 


1.11)





1.12)



1.13) 

1.14)

1.15)



1.16)


1.17)





1.18)





1.19)



1.20)




2 | QUOTATION

2.1)


2.2) 

2.3) 

2.4) 



2.5) 





3 | ASSIGNMENT / AGREEMENT

3.1)
 

3.2)

3.3)

3.4)

3.5)

3.6) 






3.7) 



3.8) 


3.9)


3.10)


3.11)


3.12)




4 | EXECUTION OF THE ASSIGNMENT

4.1) 




4.2) 



4.3) 



4.4)  




4.5)




4.6) 


4.7) 





4.8)

4.9) 



4.10) 






4.11) 


4.12) 



4.13)

4.14)




4.15)



5 | CANCELLATION / TERMINATION

5.1)






5.2)




















5.3)








5.4)




5.5)


5.6)


5.7)






6 | PAYMENT AND PAYMENT OBLIGATIONS

6.1)


6.2)


6.3)



6.4)




6.5)



6.6)

6.7)








7 | INTELLECTUAL PROPERTY AND PENALTY CLAUSE

7.1)



7.2)


7.3)


7.4)



7.5)





7.6)



8 | LIABILITY AND LIMITATION OF CLAIMS

8.1)



8.2)



8.3)


8.4)






8.5)


8.6)


8.7)



8.8)


8.9)



8.10)



9 | CONFIDENTIALITY AND PERSONAL DATA

9.1)




9.2)


9.3)



10 | MISCELLANEOUS

10.1)

10.2)



10.3)



10.4)



10.5)


10.6)


10.7)



10.8)








360' Atelier: 360' Atelier is a sole proprietorship based in Berkel en Rodenrijs and registered with the Dutch Chamber of Commerce under number 82315167.

General terms and conditions: These general terms and conditions apply to all provisions herein. 360' Atelier is the user of these general terms and conditions.

The terms "her" and "she" refer to 360' Atelier.

The term "you" refers to both Parties, namely 360' Atelier and you (the Client).

Offer: the written proposal issued by 360' Atelier regarding, amongst others, the services, the price, etc. All offers issued by 360' Atelier are valid for the period stated therein. If no period is stated, the offer shall remain valid for 14 days from the date of the offer. If you do not accept the offer within the applicable period, the offer shall lapse.

Services: the services provided as a creative agency, social media management / impresario services.

Assignment: the services performed by 360' Atelier in accordance with the agreement concluded with the Client. This also includes additional and follow-up assignments.

Client: In these general terms and conditions, informal language is used. You are the "Client", whether you are a natural person (individual) or a legal entity (company).

Creator: the artist, speaker, talent, influencer, in the broadest sense of the word, who is booked by you as Client through 360' Atelier.

Agreement: An agreement is concluded through an offer acceptance thereoff. In other words: 360' Atelier makes you an offer, and you accept it.

Distance Agreement: as defined in Article 6:230g paragraph 1 sub e of the Dutch Civil Code, the agreement concluded between 360' Atelier and you within the framework of an organized system for distance selling or service provision, without the Parties being physically present together, and whereby, up to the moment of conclusion of the agreement, exclusively one or more means of distance communication (such as via the internet) are used.

In Writing: where these terms and conditions refer to "in writing", this also includes electronic communication, such as e-mail, WhatsApp, social media, or other forms of e-communication, provided receipt can be confirmed.

DCC: Dutch Civil Code (Burgerlijk Wetboek).

GDPR: General Data Protection Regulation (Algemene Verordening Gegevensbescherming).

Any deviations from these general terms and conditions must be expressly agreed upon in writing. No deviations from these general terms and conditions will be made in principal. If one or more provisions of these terms and conditions appear to be null, void, or voidable, the remaining provisions will remain in force.

In the event of any conflict between these general terms and conditions and the Agreement, the provisions of the Agreement shall prevail.

Both Parties are obliged to maintain confidentiality regarding confidential information. Confidential information shall be any information from which confidentiality derives from by its nature, designated as such or to be regarded as such. 360' Atelier is exempted from confidentiality if it is obliged to disclose information under statutory regulations, disclosure is necessary for the performance of the Assignment, or if it has obtained consent for disclosure.

360' Atelier may engage third parties for the performance of an Assignment, while exercising due care in doing so, for which the provision set out in clause 15 shall be applicable. The provisions of these general terms and conditions shall therefore also apply for the benefit of all persons working for 360' Atelier, as well as all persons or third parties engaged by 360' Atelier in the performance of the Agreement. Articles 7:404, 7:407(2) and 7:409 DCC are explicitly excluded.

360'Atelier shall communicates with you, amongst other means, via internet. Should any third party gain access to the content of this information by such means of communication, for example through hacking or a virus, 360' Atelier shall never be liable for any damage arising from the use of this method of communication.

360' Atelier supplies creators to companies and brands for their artistic performance and acts as an impresario / agency. The primary aim of 360' Atelier is to connect companies and brands with their community on social media through marketing campaigns.




The quotation issued by 360' Atelier shall contain a clear and complete description of the services offered, including the applicable rates and method of working.

360' Atelier reserves the right to reject an assignment, such without stating reasons.

Quotations shall not apply to subsequent assignments, unless otherwise agreed upon between the Parties.

360' Atelier shall not be bound by a quotation if you could reasonably have understood that the quotation was based on an error. This includes, but is not limited to, typographical errors, errors in general, or miscalculations.

If the quotation is based on information provided by you that proves to be incorrect or incomplete, 360' Atelier shall be entitled to adjust the price quotation and/or rates stated in the quotation accordingly. In such case, you may not rely on any quotation and/or commitment previously made that was based on the incorrect or incomplete information.




An agreement is concluded through an offer and its acceptance. In other words: 360' Atelier makes you an offer, and you accept it. Acceptance may be made either in writing or verbally.

If an agreement has been concluded orally, 360' Atelier shall confirm it in writing.

The amount agreed upon in the quotation, shall become due and must be paid upon acceptance.

The term of the agreement varies depending on the type of the assignment.

The duration of the assignment shall always be clearly communicated.

360' Atelier shall undertake its obligations on a best-efforts principle. This means that it shall exert its best efforts to achieve a good result and shall not constitute an obligation of results. In other words: there is no guarantee of any outcome, for which 360' Atelier cannot be held liable for results not achieved. You acknowledge that 360' Atelier has provided no guarantees with respect to the success of any campaign concerning your business or commercial performance, or otherwise in relation to any message, content, campaign, channel, marketing communication channel, marketing or advertising campaign, promotion, or advertisement.

360' Atelier reserves the right to adjust its rates at any time. If 360' Atelier changes its rates during the term of an assignment, you shall be entitled to terminate the agreement. This right of termination does not apply if the price increase results from statutory provisions.

In the event of multiple clients jointly entering into an agreement with 360' Atelier, each of you shall be jointly and severally liable for the fulfillment of the obligations arising from this agreement.

360' Atelier shall be entitled to have certain services (including its own services) performed by third parties which does not require your consent.

If the performance of the services by third parties gives rise to (additional) costs, such costs shall, after consultation with you, be charged to you.

You may not directly approach, hire, or otherwise engage the creator(s) engaged by 360' Atelier, other than through 360' Atelier, unless 360' Atelier has granted its prior written consent.

In the event of a breach of Article 3.11, you shall, without prejudice to 360' Atelier's right to claim full compensation for damages, owe an immediately payable penalty of €10,000 (ten thousand euros) per breach and €500 (five hundred euros) for each day the breach continues, up to a maximum of €50,000 (fifty thousand euros).




360' Atelier shall agree with you a reasonable period in which the services will be executed. 360' Atelier will use its best efforts to meet the agreed delivery deadlines. You shall not derive any rights from these agreed deadlines. In other words: if performance within such period is not achieved for any reason, you shall not be entitled to a compensation.

You are solely responsible for the timely provision of the correct information and data required by 360' Atelier to properly execute the assignment, such as, but not limited to, the timely supplying of a complete and clear a briefing of the assignment.

If you fail to provide the necessary information timely or in full, 360' Atelier shall be entitled to suspend performance of the assignment until you have complied with the obligations described in the preceding paragraph. Any additional costs and/or work arising therefrom shall be charged to you.

A briefing of the assignment supplied by you, shall contain the following minimum information: company details, details of the relevant creator(s), campaign information (brand, objective, timelines), content details (type of content, format, specifications, deadlines), guidelines (brand guidelines, hashtags, do's and don'ts), timings, publication information, budget and fees, exclusivity, and the content of the approval process.

360' Atelier applies one revision round per assignment/deliverable for its creators. Additional revision rounds shall be charged separately at a pre-agreed rate or at 360' Atelier's customary rates. If unclear or incomplete briefings give rise to further revisions or additional work, 360' Atelier shall also be entitled to charge you for the additional costs incurred as a result.

If no changes are communicated by you within 24 hours prior to the agreed go-live after the content has been submitted, the content shall be published at the agreed go-live in accordance with the agreement.

As the client, you shall provide the creator with as much creative freedom as possible to execute the assignment according to their own interpretation. Where the creator submits reasonable adjustments, changes, and/or requests in response to the briefing (for instance, because such adjustments better fit the creator's image) and you do not agree, the creator shall have the right to withdraw from the agreement without the creator or 360' Atelier being held liable for any (damage) compensation to you.

360' Atelier shall provide a report of the results (statistics) within 14 days after the end of the agreement.

360' Atelier shall be entitled to use the results arising from the agreed assignment (such as campaigns, designs, screenshots, etc.) for its own promotion on social media, its website, portfolio purposes, and similar uses, while respecting your interests.

360' Atelier shall be entitled to cancel or reschedule an assignment if it cannot properly perform the agreement, or in case of force majeure. This explicitly includes illness, incapacity for work, and/or bereavement within the family and friends of itself or the creator(s). If this causes delays in performance, 360' Atelier shall notify you thereof in writing as soon as possible. 360' Atelier shall not be liable for any damage you may suffer as a result. In other words: you shall not be entitled to compensation or termination of the assignment.

In addition to paragraph 10 of this Article, any costs resulting from cancellation or rescheduling with a third party shall be passed on to you. 360' Atelier cannot be held liable for such costs.

360' Atelier shall retain the right to amend and/or expand the agreed objectives in the interest of the agreement. If this change results in the change of the duration of the agreement, 360' Atelier shall consult with you and, where necessary, agree on adjustments and the (financial) consequences thereof.

As per agreement, 360' Atelier shall perform assignments both online and on-site. Travel costs may be charged.

360' Atelier shall not be obliged to store files, data, images, videos, documents, websites, or content. You are responsible for safe storage and backup. No guarantee is given regarding the creation or retention of backups unless otherwise agreed. Exporting files after delivery shall be invoiced based on the hourly rates of 360' Atelier as applicable at the time of execution.

If you make changes to the work delivered by 360' Atelier or otherwise modify during the agreed bug-fix or aftercare period, the right to free rectification of any defects under this arrangement shall lapse.




Unless otherwise agreed upon, or in the event of force majeure or default by 360' Atelier, the full agreed upon amount shall remain payable in the event of early cancellation of the agreed assignment, even if you no longer wish to make use of the services of 360' Atelier. Payment of the full agreed upon fee shall remain obligatory and due by you to 360' Atelier, even if payment is made in instalments. Any advance payment already made shall not be refunded, unless otherwise agreed. The (remaining) amount shall thereby become immediately and fully due.

360' Atelier shall be entitled to suspend or immediately terminate the agreement in writing, without any notice of default or judicial intervention, if:
– you or your company are declared bankrupt;
– you apply for suspension of payments;
– (part of) your assets are seized;
– there is reason to believe that you will not be able to fulfil your payment obligations;
– you act contrary to public morals, public order, or any of the obligations under the agreement;
– you behave in such a manner that, in the reasonable opinion of 360' Atelier, the reputation of 360' Atelier or the engaged creator(s) is or may be harmed;
– you fail to respond within 14 days to communication requests from 360' Atelier, from the moment 360' Atelier requests additional information. 360' Atelier will attempt to contact you through various means (email, telephone), but it is your responsibility to check your spam folder;
– you pass away.

No refund shall be made of any amounts already paid, and 360' Atelier shall not be liable for any damages.

Furthermore, 360' Atelier shall have the right to cancel an assignment, without any obligation to compensate, if the creator has contractual obligations:
– to participate in television, radio, and/or sound recordings;
– to be abroad, provided such obligations were unknown at the time of entering into the assignment.

In the event of force majeure, 360' Atelier may choose to extend the duration of the agreement by the period during which the force majeure persists, without any obligation to pay compensation or refund amounts already received, except as provided in Article 6:78 of the Dutch Civil Code. If the creator is unable to perform due to a force majeure situation, 360' Atelier shall, in consultation with the client, either reschedule the assignment or provide another creator, with any difference in price (increase or decrease) to be agreed upon in advance. If the Parties cannot reach an agreement, either Party may cancel the assignment. 360' Atelier shall not be liable for any consequences arising from a creator's force majeure situation and shall not be obliged to pay any damages.

If there is an attributable failure on your part, for example where the creator must wait more than one hour at an on site assignment or is unable to commence work on time, 360' Atelier shall be entitled to immediately cancel the assignment, and you shall remain obliged to pay the full agreed upon fee and compensate 360' Atelier for any damages or lost profits deriving thereoff.

If the force majeure situation referred to in paragraph 3 lasts longer than 60 days, either Party may terminate the agreement. Any performances already rendered under the agreement shall then be settled proportionately.

In the event of the (sudden) death of 360' Atelier, her authorized representative shall notify you. The agreement shall be immediately terminated, and no refund shall be made of amounts already paid.

In the event of termination of the agreement due to a force majeure situation (either on your part or on the part of 360' Atelier), 360' Atelier shall be entitled to charge you for hours already worked and/or costs already incurred. The concept of 'force majeure' is defined in Article 6:75 of the Dutch Civil Code. In these general terms and conditions, this concept is interpreted broadly. Illness (on your part) is also considered force majeure.




You shall receive an invoice issued on behalf of 360' Atelier. The services may be invoiced at any time, unless explicitly agreed otherwise.

All fees of 360' Atelier are exclusive of VAT and other costs, such as travel, shipping, and administrative costs, unless explicitly stated otherwise.

360' Atelier / the creator is not obliged to commence performance of the agreement until any agreed advance payment has been received. If payment is not received within more than one month, 360' Atelier shall be entitled to immediately terminate the agreement, without being liable to you for any (damages or) compensation.

In the event of modification of the Agreement, any agreement on the price shall lapse. For example: If you request 360' Atelier to perform services outside the scope of the agreement, this shall be considered additional work. These additional costs shall be charged to you, and you shall be informed of the amount in advance.

360' Atelier shall have the right to adjust its fees when adjustments need to be made due to changing circumstances. This includes, but is not limited to, the engagement of third-party services. You shall be informed on the adjusted fees and they shall be agreed upon in mutual consultation.

Unless otherwise agreed upon, the payment term shall be fourteen (14) days.

If you fail to pay on time, you shall automatically be in default. Your right to pay in instalments shall also lapse, and the total amount shall become immediately due and payable to 360' Atelier. 360' Atelier shall then be entitled to charge statutory interest on the outstanding amount, as well as judicial and extrajudicial collection costs. Collection costs shall be calculated in accordance with the collection rate advised by the Dutch Bar Association. The collection costs shall amount to at least 15% of the outstanding invoice amount (with a minimum of €150, excluding VAT). Any additional costs incurred, for example but not limited to the engagement of a collection agency, lawyer, or legal proceedings, shall also be charged to you.




You acknowledge that the substantive execution of the assignment, including the created content, presentation, and/or performance, is determined by the creator. The creator retains all rights and powers granted to creator under intellectual property law, including all related rights arising from civil law.

The agreement does not constitute a transfer or obligation to transfer any intellectual property rights. Any transfer may only occur in writing and with the express consent of both the creator and 360' Atelier.

All works displayed on the website of 360' Atelier, its (digital) services, and the content of all digital and social media channels are protected by intellectual property rights owned by 360' Atelier or third parties.

All works of intellectual property displayed on or via the website, such as texts, designs, and images, may not be reproduced, disclosed, or otherwise distributed to third parties without the prior consent of 360' Atelier or the relevant third party.

You may not reproduce, exploit, disclose, sell, or make available to third parties any materials or documents created by 360' Atelier. This includes, but is not limited to, ideas, methods, presentations, videos, illustrations, images, corporate identity elements, templates, designs, concepts, and written content, unless you have obtained prior written consent from 360' Atelier. In such cases, 360' Atelier may request additional remuneration.

In the event of a breach of this article, you shall be liable to fully compensate 360' Atelier, the creator, and any third parties for all damages incurred.




360' Atelier shall not be liable for any (in)direct damage resulting from the services provided or the execution of the assignment, except in cases of statutory or contractual attributable breach, intent, or gross negligence.

In the event of liability of 360' Atelier, any liability for direct damage shall be limited to the maximum amount as stated in the quotation or invoice based on the concluded agreement. If the insurance of 360' Atelier provides a payout, the liability shall be limited to the amount actually paid out by the insurer.

For assignments with a duration exceeding three months, the liability of 360' Atelierfor direct damage is limited to the fee for a maximum of the last three consecutive months.

In the event of an attributable breach, 360' Atelier must first be given a written notice of default with provided with a reasonable period to fulfill its obligations or rectify any errors. A written notice of default must be submitted within three months after the breach occurs. After this period, the right to claim damages lapses. You are only entitled to compensation if 360' Atelier fails to meet its obligations or rectify the errors after the written notice. The requirement for written notice of default does not apply if performance has proven impossible or the error(s) cannot be remedied.

If you have failed to comply with your obligations under Article 4, paragraphs 3 and 4, for example by providing incorrect or late information, 360' Atelier shall not be liable for the consequences thereof.

360' Atelier shall never be liable for consequential damages, lost profit, business damages, business interruption, or loss of savings.

360' Atelier shall not be liable or responsible for matters beyond its control. For example, 360' Atelier shall in no event be liable in the event of late delivery, non-delivery, or damage to products sent by you or the Brand to a creator.

360' Atelier shall not be liable for damage resulting from deficiencies or performance by third parties. The operation of Article 6:76 of the Dutch Civil Code is explicitly excluded.

You shall indemnify 360' Atelier against all claims by third parties, including the costs of legal assistance, arising in any way from the execution of the agreement, except in cases of intent or gross negligence attributable to 360' Atelier.

Your right to claim damages shall lapse one year after you became aware, or should have reasonably become aware, of the event from which the damage (clearly) directly results.




You and 360' Atelier shall handle all information received from each other with due care and confidentiality, and such information shall not be disclosed to third parties, unless disclosure is required by law, necessary for the proper performance of this Agreement, consent provided by you, or necessary for 360' Atelier to defend itself in legal proceedings.

Confidential information shall only be used for the purpose for which it was provided. If either party indicates that certain information is confidential, it shall be treated as such at all times.

Any personal data provided by you to 360' Atelier shall be handled and stored with due care and confidentiality, in accordance with the GDPR. Further details can be found in 360' Atelier's Privacy Policy.




The applicability of any general terms and conditions other than this one is hereby expressly rejected.

If you have a complaint, it must be submitted in writing to 360' Atelier within 14 days after completion of the assignment. Submission of a complaint does not suspend your payment obligations. Failure to submit within the specified period will result in the complaint no longer being processed.

Dutch law applies to all offers, quotations, agreements between you and 360' Atelier, and to these general terms and conditions. Disputes arising from the legal relationship between you and 360' Atelier shall, as a last resort, be submitted to the competent court in the district where 360' Atelier is established.

These general terms and conditions also apply to (but are not limited to) additional assignments, follow-up assignments, quotations, assignments, services performed, agreements, and other activities provided or performed by 360' Atelier on its own behalf.

In the even 360' Atelier chooses to deviate from these general terms and conditions at your advantage, you shall derive no rights from such deviation.

360' Atelier may amend and/or supplement these general terms and conditions. If such changes apply to you, you will be notified in writing.

In the event of a conflict between a provision of these general terms and conditions and a provision of a specific assignment, the provision of the specific assignment shall prevail, unless otherwise agreed upon by the parties.

These general terms and conditions remain valid even after termination of the assignment. Questions regarding these general terms and conditions may be sent by e-mail to info@360-atelier.com.

Terms and Conditions:

[for talent management]

[for creative services]

or

full–service

creative agency

for

product

+ personal brands

Terms and Conditions for all creative services - 360' Atelier © 2025. All rights reserved.

Last updated: [06.11.25]


1 | GENERAL & DEFINITIONS

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2 | QUOTATION

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3 | ASSIGNMENT / AGREEMENT

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4 | EXECUTION OF THE ASSIGNMENT

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5 | PAYMENT, OBLIGATION AND SUBSCRIPTION

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Subscription:

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6 | CANCELLATION / TERMINATION

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7 | INTELLECTUAL PROPERTY AND PENALTY CLAUSE

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8 | LIABILITY, INDEMNITY AND FORFEITURE CLAUSE

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9 | OTHER

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Terms and Conditions

[for talent management]

[for creative services]









360' Atelier: 360' Atelier is a sole proprietorship based in Berkel en Rodenrijs and registered with the Dutch Chamber of Commerce under number 82315167.

General terms and conditions: These general terms and conditions apply to all provisions herein. 360' Atelier is the user of these general terms and conditions.

The pronouns 'she' and 'her' refer to 360' Atelier.

The term 'you' refers to both parties, i.e. both 360' Atelier and you (as the client).

Quotation: the written offer by 360' Atelier regarding, among other things, the service or product, price, and terms. All quotations are valid for the period stated in the quotation. If no term is specified, the quotation is valid for 14 days from the date it is sent. If you do not accept the quote within the applicable period, the quote will expire.

Assignment: the social media service or product. This includes, but is not limited to, social media management, content creation, photography, videography, creative direction, design, branding, copywriting and web design. Associated products may include (but are not limited to) online templates, mock-ups, automations, advertisements, logos, corporate identities and the like in the area of branding and design - provided by 360' Atelier.

Client: Informal language is used in these terms and conditions. You are the 'client', whether you are a natural person or legal entity.

Agreement: An agreement is established by the offer and its acceptance. In other words, 360' Atelier makes you an offer and you accept it.

Distance contract: see Article 6:230g paragraph (1) under (e) of the Dutch Civil Code – the agreement concluded without physical presence of both parties, where communication and conclusion take place exclusively via remote means, such as the internet.

In writing: where these terms and conditions refer to 'in writing', this includes electronic communication such as email, WhatsApp, social media messages, or other forms of digital messaging.

Website: www.360-atelier.com

CC: Dutch Civil Code.

Any deviations from these general terms and conditions must be explicitly agreed in writing. In principle, no deviations apply. If any provision of these terms and conditions is found to be void, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

If a separate agreement has been concluded and there is a conflict with these general terms and conditions, the terms in the agreement shall prevail.

Both parties are obliged to keep confidential information confidential. Confidential information means in any case the information which has been designated as confidential by one of the parties and information of which it appears from the nature of that information that it is logically confidential. 360' Atelier is exempted from this duty of confidentiality if it has a duty to disclose under statutory regulations.

360' Atelier may engage third parties for the performance of an assignment, with due care. The aforementioned paragraph 16 also applies. The effect of Sections 7:404, 7:407 (2) and 7:409 (2) of the CC is expressly excluded.

360' Atelier uses internet-based communication to carry out assignments and communicate with you. If third parties gain access to this information (e.g., due to hacking or viruses), 360' Atelier is not liable for any resulting damages caused by using this method of communication.




The quotation provided by 360' Atelier includes a clear and complete description of the products and/or services offered and the associated (package and/or subscription) prices and costs. These costs may include travel expenses, as well as production-related costs such as photo or video shoots, location fees, and equipment rentals.

If applicable, the quotation will also specify the number of feedback rounds agreed upon between 360' Atelier and you.

360' Atelier reserves the right to decline an assignment without stating a reason.

Quotations do not automatically apply to follow-up assignments or repeat orders, unless explicitly agreed otherwise.

360' Atelier is not bound by a quotation if it is reasonably apparent that the offer contains an error, such as a typographical, clerical, or calculation mistake.

If the offer is based on incorrect or incomplete information provided by you, 360' Atelier reserves the right to adjust the quotation, delivery timelines, and/or pricing accordingly.




An agreement is formed by the quotation and its acceptance. In other words, 360' Atelier makes you an offer and you accept it. The acceptance can be given in writing or verbally.

If the agreement is made verbally, 360' Atelier will confirm it in writing.

The term of the agreement depends on the nature of the assignment.

The duration may range from a single day to several weeks or months, and may also include participation in an (online) program of a certain length.

The duration of the assignment is always clearly communicated.

By entering into the agreement, 360' Atelier commits to a best-efforts obligation. This means it will perform the assignment to the best of its ability but does not guarantee any specific outcome. As such, 360' Atelier cannot be held liable for results not achieved.

All products and services delivered by 360' Atelier, including passwords or login codes, remain the property of 360' Atelier until full payment of all amounts owed by you has been received.

360' Atelier reserves the right to adjust its rates. If a price change occurs during the term of an agreement or subscription, you have the right to terminate the agreement. This right does not apply if the price change is the result of statutory regulations.

360' Atelier is entitled to engage third parties for the execution of (parts of) the assignment. If this results in (additional) costs, they will only be passed on to you after prior consultation. 360' Atelier is not responsible or liable for the delivery or quality of services and/or products provided by third parties and cannot issue refunds for them if the assignment has been agreed upon with you.




You are responsible for providing accurate and complete information and materials necessary for 360' Atelier to properly carry out the assignment.

You must provide the correct information to 360' Atelier in a timely manner, meaning within seven (7) calendar days of 360' Atelier's request for information.

If you fail to provide the required information within this timeframe, 360' Atelier is entitled to suspend the execution of the assignment until you fulfill your obligations. Any resulting delays, additional work, or costs will be charged to you.

When you have scheduled a session with 360' Atelier, you may cancel or reschedule it, provided you do so at least 48 hours in advance. If you fail to attend without notice, a fee of EUR €750 (excl. VAT) will be charged to cover preparation time and the reserved timeslot. Do you cancel your physical (in-person) session less than 48 hours before the appointment? Then 360' Atelier will charge a fee of EUR €500,- ex VAT. This is in connection with the possible rental of a space and/or team, the preparation time and keeping the time free for you. Do you cancel your online appointment less than 24 hours before the appointment? Then 360' Atelier will charge you a fee of EUR €250,- ex VAT. If you have already paid a deposit to 360' Atelier, for whatever reason, the costs associated with the late cancellation or no show that you owe 360' Atelier may be deducted from your bill. These measures will not be imposed on you if there is force majeure. The term 'force majeure' is explained in article 6:75 CC. Note article 6 paragraph 4 of these general terms and conditions, illness also falls under force majeure. Please note that it goes without saying that you do your best to pass on the matter of force majeure to 360' Atelier as soon as possible.

In addition to the previous paragraph, if appointments are cancelled within 24 hours rescheduling will be subject to 360' Atelier's availability and planning. This may result in shortened sessions or rescheduled delivery timelines. You will not be entitled to compensation or termination of the agreement due to missed deadlines resulting from such changes.

In addition to paragraphs 4 and 5 of this article, the costs resulting from cancellation or rescheduling with a third party will be charged to you. 360' Atelier cannot be held responsible for such costs.

360' Atelier reserves the right to cancel or reschedule sessions in the event it is unable to execute the assignment properly or due to force majeure, including illness, incapacity, or the death of someone within its close personal circle. In such cases, previously agreed deadlines may be adjusted without liability for compensation or termination.

360' Atelier has the right to change and/or expand the agreed goals in the interest of the agreement. Should the duration of the agreement change as a result, 360' Atelier will consult with you and, if necessary, agreements will be made about the changes and their (financial) consequences.

360' Atelier performs assignments both online and on location, as agreed with you. Travel costs may be charged.

While respecting your interests, 360' Atelier reserves the right to use results from the assignment (e.g. visuals, designs, screenshots) for self-promotion, including but not limited to social media and portfolio purposes.

Without prior written permission from 360' Atelier, you may not alter, extend, or otherwise reuse the deliverables beyond the agreed scope. Unauthorized use constitutes a breach of rights and may result in financial compensation, as referenced in article 7 paragraph 6 of these general terms and conditions.

360' Atelier is not obligated to retain any files, data, images, videos, documents, websites, content, or login credentials. You are responsible for secure storage and backup. No guarantee is provided for creating or maintaining backups, unless otherwise agreed. Exporting any files after delivery will be charged based on 360' Atelier's then-current hourly rate.

If, during the agreed bugfix or aftercare period, you make changes to the work delivered by 360' Atelier or start working on it independently, the right to free repair of any defects under this arrangement lapses.




All prices of 360' Atelier are exclusive of VAT.

Work may be invoiced at any time. For some assignments a deposit will be required before the assignment begins. See paragraphs 3 and 4 of this article for further details.

Payment in instalments may be arranged by mutual agreement.

360' Atelier reserves the right to request an (additional) deposit or full advance payment. This must be paid as soon as possible. 360' Atelier is under no obligation to begin the assignment until the payment has been received. If the payment remains outstanding for more than one month, 360' Atelier may terminate the agreement with immediate effect and without any obligation to compensate for damages or loss.

Any administration or reversal fees resulting from your actions are your sole responsibility and at your own risk.

Unless otherwise agreed, the standard payment term is 14 days. If payment is not received on time, a grace period of 7 additional days applies. If payment is still not made, you will be considered in default without further notice. Your option to pay in installments will expire, making the total amount immediately due and payable by 360' Atelier. 360' Atelier is then entitled to charge statutory interest on top of the amount due and judicial and extrajudicial collection costs. This is calculated according to the (graduated) collection rate advised by the Netherlands Bar Association. The collection costs are at least 15% of the invoice amount due (minimum €150,- ex VAT). If additional costs are incurred for, for example, but not limited to, engaging a collection agency, a lawyer or jurist, legal proceedings at the court, these costs will also be recovered from you.



Subscription fees are collected monthly via direct debit from the start date of the subscription. Payment is always made in advance for the upcoming month. If the direct debit fails, 360' Atelier may suspend your access to the subscription until payment has been completed.

You have access to the subscription as long as you remain a member.

After the minimum term the subscription will automatically renew on a monthly basis.

You may cancel your subscription (after the minimum period) by sending an email to info@360-atelier.com.

You can cancel until no later than one (1) month before the next scheduled payment. The subscription will then end the day before the next payment would be due.




If you are a company/legal entity, you cannot cancel the purchase of an order, even if you no longer wish to use the agreed services of 360' Atelier, unless otherwise agreed to in writing. If a deposit has already been paid, it will not be refunded unless explicitly agreed otherwise.

If you have made a down payment or full payment, you are still required to fulfill the obligations outlined in Article 4, paragraphs 1 and 2. Failure to do so entitles 360' Atelier to suspend or terminate the agreement immediately upon the expiry of the relevant term. In such cases, all obligations of 360' Atelier under the agreement will cease, and no refunds will be issued for any amounts already paid.

If you or your company is declared bankrupt, files for suspension of payment, or if (part of) your assets are seized, 360' Atelier may immediately suspend or terminate the agreement in writing. The same applies in the event of your death. No refunds will be issued for any payments already made.

If the agreement is terminated due to a situation of force majeure, 360' Atelier is entitled to charge for any hours already worked and/or costs incurred. The definition of force majeure is in line with Article 6:75 of the CC. What is explained in this article about force majeure is extended in these general terms and conditions. Sickness also falls under force majeure in these general terms and conditions.

Upon termination or cancellation of the agreement, you are no longer permitted to use any deliverables or results originating from the assignment.




All works, digital products, and services offered by 360' Atelier — including those displayed on its website — are protected by intellectual property rights, such as copyrights. 360' Atelier is the rightful owner.

All intellectual property displayed on or through the website, including but not limited to texts, videos, and images, may not be copied, published, or otherwise distributed to third parties without the prior written consent of 360' Atelier.

All intellectual property rights arising from or resulting from any agreement with 360' Atelier shall remain the sole property of 360' Atelier.

You may not reproduce, exploit, disclose, sell, or make available to third parties any materials or documents created by 360' Atelier — this includes, but is not limited to, ideas, methods, presentations, videos, illustrations, images, brand elements, templates, designs, concepts, and written content — unless you have obtained prior written permission from 360' Atelier. In such cases, 360' Atelier may request additional compensation.

You may not offer a similar product or service that competes with 360' Atelier's offering if the basis of that product or service is derived from a purchase you made as a client of 360' Atelier.

If 360' Atelier designs and/or develops a website for you, you are granted a non-transferable license to use the website indefinitely, provided all payments (including any term-based payments) have been fulfilled and the website has been officially delivered. You are permitted to modify texts and images on the website, but adjustments to the layout, such as adding pages, changing colors or moving elements, may only be made by 360' Atelier. In addition, the website must contain a visible and legible mention of '360' Atelier'. Copyright remains entirely with 360' Atelier and is not transferred.

If you breach any of the provisions in this article, you will be liable, in addition to damages, for an immediately payable fine of EUR €15,000 (fifteen thousand euros), plus EUR €10,000 (ten thousand euros) for each day the infringement continues, up to a maximum of EUR €150,000 (one hundred fifty thousand euros).

360' Atelier guarantees that any design or product provided was created by or on behalf of 360' Atelier and that it holds the legal rights to dispose of it as the creator under the Dutch Copyright Act. It also guarantees that, to the best of its knowledge, the deliverables do not infringe upon third-party rights or violate the law.




360' Atelier is not liable for any (in)direct damage resulting from the work or execution of the assignment, unless there is a legal or contractual attributable failure, intent or gross negligence.

If 360' Atelier is nevertheless found liable, the total demonstrable liability for direct damages shall be limited to the amount agreed upon in the relevant quotation or invoice. If applicable, liability is further limited to the amount paid out by 360' Atelier's liability insurance.

For assignments with a duration longer than six months, 360' Atelier's liability for direct damage is limited to the fee of a maximum of the last six consecutive months.

In the event of a breach attributable to 360' Atelier, you must first issue a formal written notice of default, allowing a reasonable period for 360' Atelier to still fulfill its obligations or rectify any errors. Only if 360' Atelier fails to comply within that period will you be entitled to compensation. This requirement does not apply if performance is clearly impossible or if the error(s) cannot be remedied.

360' Atelier is not liable for any damages caused by the actions or omissions of third parties engaged in the execution of the assignment. The effect of article 6:76 CC is hereby expressly excluded.

Under no circumstances shall 360' Atelier be liable for indirect or consequential damages, including but not limited to: loss of clients, loss of profit, missed savings, repair costs, or damages resulting from business interruption.

If you fail to comply with your obligations under article 4 section 1 and section 2 and you have e.g. supplied incorrect data or data too late, then 360' Atelier is not liable for the consequences of this.

360' Atelier shall not be held liable for any matters beyond its reasonable control.

You agree to indemnify and hold 360' Atelier harmless against any claims from third parties, including legal fees, arising from or related to the performance of the agreement, except in cases of intent or gross negligence by 360' Atelier.

Your right to compensation expires one year after you became aware or should have become aware of the event from which the damage (apparently) directly results.




The applicability of any general terms and conditions used by you is expressly rejected. If you have a complaint, it must be submitted to 360' Atelier in writing within 30 days of completion of the assignment. Submitting a complaint does not suspend your payment obligation. Failure to meet the deadline means your complaint will no longer be considered.

All offers, quotations, orders, agreements between you and 360' Atelier and these general terms and conditions are governed by Dutch law. Disputes arising from the legal relationship between you and 360 "Atelier will be (as a last resort) submitted to the competent court in the district where 360 "Atelier is located.

These terms and conditions also apply to additional assignments and follow-up assignments, to quotations, offers, orders, assignments, services rendered, agreements and other work performed by or on behalf of 360' Atelier. The latter includes services performed by third parties engaged by 360' Atelier in connection with the assignment.

360' Atelier reserves the right to amend or supplement these general terms and conditions. In such cases, you will be notified in writing. The most recent version communicated to you shall always apply.

If 360' Atelier deviates from these terms and conditions in your favor, you derive no rights therefrom.

In the event of a conflict between a provision in these general terms and conditions and a provision in a specific agreement, the provision in the specific agreement shall prevail, unless explicitly agreed otherwise.

These general conditions remain in force even after termination of the assignment.

Questions about these general terms and conditions? Please send an email to info@360-atelier.com.

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Terms and Conditions for talent management - 360' Atelier © 2025. All rights reserved.

Last updated: [06.11.25]


1 | GENERAL & DEFINITIONS

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2 | QUOTATION

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3 | ASSIGNMENT / AGREEMENT

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4 | EXECUTION OF THE ASSIGNMENT

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5 | CANCELLATION / TERMINATION

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6 | PAYMENT AND PAYMENT OBLIGATIONS

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7 | INTELLECTUAL PROPERTY AND PENALTY CLAUSE

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8 | LIABILITY AND LIMITATION OF CLAIMS

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9 | CONFIDENTIALITY AND PERSONAL DATA

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10 | MISCELLANEOUS

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360' Atelier: 360' Atelier is a sole proprietorship based in Berkel en Rodenrijs and registered with the Dutch Chamber of Commerce under number 82315167.

General terms and conditions: These general terms and conditions apply to all provisions herein. 360' Atelier is the user of these general terms and conditions.

The terms "her" and "she" refer to 360' Atelier.

The term "you" refers to both Parties, namely 360' Atelier and you (the Client).

Offer: the written proposal issued by 360' Atelier regarding, amongst others, the services, the price, etc. All offers issued by 360' Atelier are valid for the period stated therein. If no period is stated, the offer shall remain valid for 14 days from the date of the offer. If you do not accept the offer within the applicable period, the offer shall lapse.

Services: the services provided as a creative agency, social media management / impresario services.

Assignment: the services performed by 360' Atelier in accordance with the agreement concluded with the Client. This also includes additional and follow-up assignments.

Client: In these general terms and conditions, informal language is used. You are the "Client", whether you are a natural person (individual) or a legal entity (company).

Creator: the artist, speaker, talent, influencer, in the broadest sense of the word, who is booked by you as Client through 360' Atelier.

Agreement: An agreement is concluded through an offer acceptance thereoff. In other words: 360' Atelier makes you an offer, and you accept it.

Distance Agreement: as defined in Article 6:230g paragraph 1 sub e of the Dutch Civil Code, the agreement concluded between 360' Atelier and you within the framework of an organized system for distance selling or service provision, without the Parties being physically present together, and whereby, up to the moment of conclusion of the agreement, exclusively one or more means of distance communication (such as via the internet) are used.

In Writing: where these terms and conditions refer to "in writing", this also includes electronic communication, such as e-mail, WhatsApp, social media, or other forms of e-communication, provided receipt can be confirmed.

DCC: Dutch Civil Code (Burgerlijk Wetboek).

GDPR: General Data Protection Regulation (Algemene Verordening Gegevensbescherming).

Any deviations from these general terms and conditions must be expressly agreed upon in writing. No deviations from these general terms and conditions will be made in principal. If one or more provisions of these terms and conditions appear to be null, void, or voidable, the remaining provisions will remain in force.

In the event of any conflict between these general terms and conditions and the Agreement, the provisions of the Agreement shall prevail.

Both Parties are obliged to maintain confidentiality regarding confidential information. Confidential information shall be anyinformation from which confidentiality derives from by its nature, designated as such or to be regarded as such. 360' Atelier is exempted from confidentiality if it is obliged to disclose information under statutory regulations, disclosure is necessary for the performance of the Assignment, or if it has obtained consent for disclosure.

360' Atelier may engage third parties for the performance of an Assignment, while exercising due care in doing so, for which the provision set out in clause 15 shall be applicable. The provisions of these general terms and conditions shall therefore also apply for the benefit of all persons working for 360' Atelier, as well as all persons or third parties engaged by 360' Atelier in the performance of the Agreement. Articles 7:404, 7:407(2) and 7:409 DCC are explicitly excluded.

360'Atelier shall communicates with you, amongst other means, via internet. Should any third party gain access to the content of this information by such means of communication, for example through hacking or a virus, 360' Atelier shall never be liable for any damage arising from the use of this method of communication.

360' Atelier supplies creators to companies and brands for their artistic performance and acts as an impresario / agency. The primary aim of 360' Atelier is to connect companies and brands with their community on social media through marketing campaigns.




The quotation issued by 360' Atelier shall contain a clear and complete description of the services offered, including the applicable rates and method of working.

360' Atelier reserves the right to reject an assignment, such without stating reasons.

Quotations shall not apply to subsequent assignments, unless otherwise agreed upon between the Parties.

360' Atelier shall not be bound by a quotation if you could reasonably have understood that the quotation was based on an error. This includes, but is not limited to, typographical errors, errors in general, or miscalculations.

If the quotation is based on information provided by you that proves to be incorrect or incomplete, 360' Atelier shall be entitled to adjust the price quotation and/or rates stated in the quotation accordingly. In such case, you may not rely on any quotation and/or commitment previously made that was based on the incorrect or incomplete information.




An agreement is concluded through an offer and its acceptance. In other words: 360' Atelier makes you an offer, and you accept it. Acceptance may be made either in writing or verbally.

If an agreement has been concluded orally, 360' Atelier shall confirm it in writing.

The amount agreed upon in the quotation, shall become due and must be paid upon acceptance.

The term of the agreement varies depending on the type of the assignment.

The duration of the assignment shall always be clearly communicated.

360' Atelier shall undertake its obligations on a best-efforts principle. This means that it shall exert its best efforts to achieve a good result and shall not constitute an obligation of results. In other words: there is no guarantee of any outcome, for which360' Atelier cannot be held liable for results not achieved. You acknowledge that 360' Atelier has provided no guarantees with respect to the success of any campaign concerning your business or commercial performance, or otherwise in relation to any message, content, campaign, channel, marketing communication channel, marketing or advertising campaign, promotion, or advertisement.

360' Atelier reserves the right to adjust its rates at any time. If 360' Atelier changes its rates during the term of an assignment, you shall be entitled to terminate the agreement. This right of termination does not apply if the price increase results from statutory provisions.

In the event of multiple clients jointly entering into an agreement with 360' Atelier, each of you shall be jointly and severally liable for the fulfillment of the obligations arising from this agreement.

360' Atelier shall be entitled to have certain services (including its own services) performed by third parties which does not require your consent.

If the performance of the services by third parties gives rise to (additional) costs, such costs shall, after consultation with you, be charged to you.

You may not directly approach, hire, or otherwise engage the creator(s) engaged by 360' Atelier, other than through 360' Atelier, unless 360' Atelier has granted its prior written consent.

In the event of a breach of Article 3.11, you shall, without prejudice to 360' Atelier's right to claim full compensation for damages, owe an immediately payable penalty of €10,000 (ten thousand euros) per breach and €500 (five hundred euros) for each day the breach continues, up to a maximum of €50,000 (fifty thousand euros).




360' Atelier shall agree with you a reasonable period in which the services will be executed. 360' Atelier will use its best efforts to meet the agreed delivery deadlines. You shall not derive any rights from these agreed deadlines. In other words: if performance within such period is not achieved for any reason, you shall not be entitled to a compensation.

You are solely responsible for the timely provision of the correct information and data required by 360' Atelier to properly execute the assignment, such as, but not limited to, the timely supplying of a complete and clear a briefing of the assignment.

If you fail to provide the necessary information timely or in full, 360' Atelier shall be entitled to suspend performance of the assignment until you have complied with the obligations described in the preceding paragraph. Any additional costs and/or work arising therefrom shall be charged to you.

A briefing of the assignment supplied by you, shall contain the following minimum information: company details, details of the relevant creator(s), campaign information (brand, objective, timelines), content details (type of content, format, specifications, deadlines), guidelines (brand guidelines, hashtags, do's and don'ts), timings, publication information, budget and fees, exclusivity, and the content of the approval process.

**4.5** 360' Atelier applies one revision round per assignment/deliverable for its creators. Additional revision rounds shall be charged separately at a pre-agreed rate or at 360' Atelier's customary rates. If unclear or incomplete briefings give rise to further revisions or additional work, 360' Atelier shall also be entitled to charge you for the additional costs incurred as a result.

If no changes are communicated by you within 24 hours prior to the agreed go-live after the content has been submitted, the content shall be published at the agreed go-live in accordance with the agreement.

As the client, you shall provide the creator with as much creative freedom as possible to execute the assignment according to their own interpretation. Where the creator submits reasonable adjustments, changes, and/or requests in response to the briefing (for instance, because such adjustments better fit the creator's image) and you do not agree, the creator shall have the right to withdraw from the agreement without the creator or 360' Atelier being held liable for any (damage) compensation to you.

360' Atelier shall provide a report of the results (statistics) within 14 days after the end of the agreement.

360' Atelier shall be entitled to use the results arising from the agreed assignment (such as campaigns, designs, screenshots, etc.) for its own promotion on social media, its website, portfolio purposes, and similar uses, while respecting your interests.

360' Atelier shall be entitled to cancel or reschedule an assignment if it cannot properly perform the agreement, or in case of force majeure. This explicitly includes illness, incapacity for work, and/or bereavement within the family and friends of itself or the creator(s). If this causes delays in performance, 360' Atelier shall notify you thereof in writing as soon as possible. 360' Atelier shall not be liable for any damage you may suffer as a result. In other words: you shall not be entitled to compensation or termination of the assignment.

In addition to paragraph 10 of this Article, any costs resulting from cancellation or rescheduling with a third party shall be passed on to you. 360' Atelier cannot be held liable for such costs.

360' Atelier shall retain the right to amend and/or expand the agreed objectives in the interest of the agreement. If this change results in the change of the duration of the agreement, 360' Atelier shall consult with you and, where necessary, agree on adjustments and the (financial) consequences thereof.

As per agreement, 360' Atelier shall perform assignments both online and on-site. Travel costs may be charged.

360' Atelier shall not be obliged to store files, data, images, videos, documents, websites, or content. You are responsible for safe storage and backup. No guarantee is given regarding the creation or retention of backups unless otherwise agreed. Exporting files after delivery shall be invoiced based on the hourly rates of 360' Atelier as applicable at the time of execution.

If you make changes to the work delivered by 360' Atelier or otherwise modify during the agreed bug-fix or aftercare period, the right to free rectification of any defects under this arrangement shall lapse.




Unless otherwise agreed upon, or in the event of force majeure or default by 360' Atelier, the full agreed upon amount shall remain payable in the event of early cancellation of the agreed assignment, even if you no longer wish to make use of the services of 360' Atelier. Payment of the full agreed upon fee shall remain obligatory and due by you to 360' Atelier, even if payment is made in instalments. Any advance payment already made shall not be refunded, unless otherwise agreed. The (remaining) amount shall thereby become immediately and fully due.

360' Atelier shall be entitled to suspend or immediately terminate the agreement in writing, without any notice of default or judicial intervention, if:
– you or your company are declared bankrupt;
– you apply for suspension of payments;
– (part of) your assets are seized;
– there is reason to believe that you will not be able to fulfil your payment obligations;
– you act contrary to public morals, public order, or any of the obligations under the agreement;
– you behave in such a manner that, in the reasonable opinion of 360' Atelier, the reputation of 360' Atelier or the engaged creator(s) is or may be harmed;
– you fail to respond within 14 days to communication requests from 360' Atelier, from the moment 360' Atelier requests additional information. 360' Atelier will attempt to contact you through various means (email, telephone), but it is your responsibility to check your spam folder;
– you pass away.

No refund shall be made of any amounts already paid, and 360' Atelier shall not be liable for any damages.

Furthermore, 360' Atelier shall have the right to cancel an assignment, without any obligation to compensate, if the creator has contractual obligations:
– to participate in television, radio, and/or sound recordings;
– to be abroad, provided such obligations were unknown at the time of entering into the assignment.

In the event of force majeure, 360' Atelier may choose to extend the duration of the agreement by the period during which the force majeure persists, without any obligation to pay compensation or refund amounts already received, except as provided in Article 6:78 of the Dutch Civil Code. If the creator is unable to perform due to a force majeure situation, 360' Atelier shall, in consultation with the client, either reschedule the assignment or provide another creator, with any difference in price (increase or decrease) to be agreed upon in advance. If the Parties cannot reach an agreement, either Party may cancel the assignment. 360' Atelier shall not be liable for any consequences arising from a creator's force majeure situation and shall not be obliged to pay any damages.

If there is an attributable failure on your part, for example where the creator must wait more than one hour at an on site assignment or is unable to commence work on time, 360' Atelier shall be entitled to immediately cancel the assignment, and you shall remain obliged to pay the full agreed upon fee and compensate 360' Atelier for any damages or lost profits deriving thereoff.

If the force majeure situation referred to in paragraph 3 lasts longer than 60 days, either Party may terminate the agreement. Any performances already rendered under the agreement shall then be settled proportionately.

In the event of the (sudden) death of 360' Atelier, her authorized representative shall notify you. The agreement shall be immediately terminated, and no refund shall be made of amounts already paid.

In the event of termination of the agreement due to a force majeure situation (either on your part or on the part of 360' Atelier), 360' Atelier shall be entitled to charge you for hours already worked and/or costs already incurred. The concept of 'force majeure' is defined in Article 6:75 of the Dutch Civil Code. In these general terms and conditions, this concept is interpreted broadly. Illness (on your part) is also considered force majeure.




You shall receive an invoice issued on behalf of 360' Atelier. The services may be invoiced at any time, unless explicitly agreed otherwise.

All fees of 360' Atelier are exclusive of VAT and other costs, such as travel, shipping, and administrative costs, unless explicitly stated otherwise.

360' Atelier / the creator is not obliged to commence performance of the agreement until any agreed advance payment has been received. If payment is not received within more than one month, 360' Atelier shall be entitled to immediately terminate the agreement, without being liable to you for any (damages or) compensation.

In the event of modification of the Agreement, any agreement on the price shall lapse. For example: If you request 360' Atelier to perform services outside the scope of the agreement, this shall be considered additional work. These additional costs shall be charged to you, and you shall be informed of the amount in advance.

360' Atelier shall have the right to adjust its fees when adjustments need to be made due to changing circumstances. This includes, but is not limited to, the engagement of third-party services. You shall be informed on the adjusted fees and they shall be agreed upon in mutual consultation.

Unless otherwise agreed upon, the payment term shall be fourteen (14) days.

If you fail to pay on time, you shall automatically be in default. Your right to pay in instalments shall also lapse, and the total amount shall become immediately due and payable to 360' Atelier. 360' Atelier shall then be entitled to charge statutory interest on the outstanding amount, as well as judicial and extrajudicial collection costs. Collection costs shall be calculated in accordance with the collection rate advised by the Dutch Bar Association. The collection costs shall amount to at least 15% of the outstanding invoice amount (with a minimum of €150, excluding VAT). Any additional costs incurred, for example but not limited to the engagement of a collection agency, lawyer, or legal proceedings, shall also be charged to you.




You acknowledge that the substantive execution of the assignment, including the created content, presentation, and/or performance, is determined by the creator. The creator retains all rights and powers granted to creator under intellectual property law, including all related rights arising from civil law.

The agreement does not constitute a transfer or obligation to transfer any intellectual property rights. Any transfer may only occur in writing and with the express consent of both the creator and 360' Atelier.

All works displayed on the website of 360' Atelier, its (digital) services, and the content of all digital and social media channels are protected by intellectual property rights owned by 360' Atelier or third parties.

All works of intellectual property displayed on or via the website, such as texts, designs, and images, may not be reproduced, disclosed, or otherwise distributed to third parties without the prior consent of 360' Atelier or the relevant third party.

You may not reproduce, exploit, disclose, sell, or make available to third parties any materials or documents created by 360' Atelier. This includes, but is not limited to, ideas, methods, presentations, videos, illustrations, images, corporate identity elements, templates, designs, concepts, and written content, unless you have obtained prior written consent from 360' Atelier. In such cases, 360' Atelier may request additional remuneration.

In the event of a breach of this article, you shall be liable to fully compensate 360' Atelier, the creator, and any third parties for all damages incurred.




360' Atelier shall not be liable for any (in)direct damage resulting from the services provided or the execution of the assignment, except in cases of statutory or contractual attributable breach, intent, or gross negligence.

In the event of liability of 360' Atelier, any liability for direct damage shall be limited to the maximum amount as stated in the quotation or invoice based on the concluded agreement. If the insurance of 360' Atelier provides a payout, the liability shall be limited to the amount actually paid out by the insurer.

For assignments with a duration exceeding three months, the liability of 360' Atelierfor direct damage is limited to the fee for a maximum of the last three consecutive months.

In the event of an attributable breach, 360' Atelier must first be given a written notice of default with provided with a reasonable period to fulfill its obligations or rectify any errors. A written notice of default must be submitted within three months after the breach occurs. After this period, the right to claim damages lapses. You are only entitled to compensation if 360' Atelier fails to meet its obligations or rectify the errors after the written notice. The requirement for written notice of default does not apply if performance has proven impossible or the error(s) cannot be remedied.

If you have failed to comply with your obligations under Article 4, paragraphs 3 and 4, for example by providing incorrect or late information, 360' Atelier shall not be liable for the consequences thereof.

360' Atelier shall never be liable for consequential damages, lost profit, business damages, business interruption, or loss of savings.

360' Atelier shall not be liable or responsible for matters beyond its control. For example, 360' Atelier shall in no event be liable in the event of late delivery, non-delivery, or damage to products sent by you or the Brand to a creator.

360' Atelier shall not be liable for damage resulting from deficiencies or performance by third parties. The operation of Article 6:76 of the Dutch Civil Code is explicitly excluded.

You shall indemnify 360' Atelier against all claims by third parties, including the costs of legal assistance, arising in any way from the execution of the agreement, except in cases of intent or gross negligence attributable to 360' Atelier.

Your right to claim damages shall lapse one year after you became aware, or should have reasonably become aware, of the event from which the damage (clearly) directly results.




You and 360' Atelier shall handle all information received from each other with due care and confidentiality, and such information shall not be disclosed to third parties, unless disclosure is required by law, necessary for the proper performance of this Agreement, consent provided by you, or necessary for 360' Atelier to defend itself in legal proceedings.

Confidential information shall only be used for the purpose for which it was provided. If either party indicates that certain information is confidential, it shall be treated as such at all times.

Any personal data provided by you to 360' Atelier shall be handled and stored with due care and confidentiality, in accordance with the GDPR. Further details can be found in 360' Atelier's Privacy Policy.




The applicability of any general terms and conditions other than this one is hereby expressly rejected.

If you have a complaint, it must be submitted in writing to 360' Atelier within 14 days after completion of the assignment. Submission of a complaint does not suspend your payment obligations. Failure to submit within the specified period will result in the complaint no longer being processed.

Dutch law applies to all offers, quotations, agreements between you and 360' Atelier, and to these general terms and conditions. Disputes arising from the legal relationship between you and 360' Atelier shall, as a last resort, be submitted to the competent court in the district where 360' Atelier is established.

These general terms and conditions also apply to (but are not limited to) additional assignments, follow-up assignments, quotations, assignments, services performed, agreements, and other activities provided or performed by 360' Atelier on its own behalf.

In the even 360' Atelier chooses to deviate from these general terms and conditions at your advantage, you shall derive no rights from such deviation.

360' Atelier may amend and/or supplement these general terms and conditions. If such changes apply to you, you will be notified in writing.

In the event of a conflict between a provision of these general terms and conditions and a provision of a specific assignment, the provision of the specific assignment shall prevail, unless otherwise agreed upon by the parties.

These general terms and conditions remain valid even after termination of the assignment. Questions regarding these general terms and conditions may be sent by e-mail to info@360-atelier.com.

Terms and Conditions

[for talent management]

[for creative services]