Terms and Conditions
Last updated: 29 October 2026 · Version 1.0
In case of discrepancy between this English version and the Spanish version, the Spanish version prevails.
Part A · General terms of use of the website
A.1 Website owner. In accordance with Article 10 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), the owner of creadordecontenidougc.es is Marcos Pérez Vilarrubi (trade name: Marcos Perez | Filmmaker | Brand & Marketing Strategist), tax ID (NIF) 44024982S, with registered address at Psg. Sant Gervasi 85, Despacho 5A, 08022 Barcelona (Spain). Phone: +34 637 605 869. Email: marcosperez@creadordecontenidougc.es. Hereinafter, “the Professional”.
A.2 Purpose and addressees. These terms govern access to and use of the website and, in Part B, the hiring of the Professional’s video and photography services. The services are offered exclusively to companies, self-employed persons and professionals acting in the course of their business. They are not provided to consumers within the meaning of Spanish Royal Legislative Decree 1/2007. Anyone requesting a quote declares that they act for professional purposes; otherwise, the Professional may decline the request.
A.3 Acceptance and use of the site. Accessing and browsing the site implies acceptance of these terms. Users agree to use the site in accordance with the law, good faith and public order, and not to introduce viruses or harmful code, extract data by automated means, impersonate others or impair the operation of the site.
A.4 Intellectual and industrial property. The texts, photographs, videos, designs, trademarks and other content of the site belong to the Professional or are used with permission, and are protected by Spanish Royal Legislative Decree 1/1996 (Intellectual Property Law) and trademark law. Reproduction, distribution, public communication or transformation without written permission is prohibited, except where the law allows it (for example, the right of quotation). The names, trademarks and logos of clients shown on the site belong to their owners and are displayed as a reference of work carried out.
A.5 Links and third-party content. The site may link to third-party pages (for example, YouTube or Instagram). The Professional does not control those sites and is not responsible for their content or policies.
A.6 Site information and prices. The content and prices published, including ‘from’ prices, are indicative and do not constitute a binding offer. A contract is formed when the client accepts a specific quote (Part B).
A.7 Availability and liability for the site. The Professional does not guarantee uninterrupted availability of the site or the absence of errors. To the fullest extent permitted by law, the Professional is not liable for damages arising from the use of the site, except in cases of wilful misconduct or gross negligence and where the law does not allow exclusion.
A.8 Data protection and cookies. The processing of personal data is governed by the Privacy Policy, in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018. The use of cookies is governed by the Cookie Policy.
A.9 Electronic communications. The parties agree that email communications satisfy the requirement of writing. The Professional will not send commercial communications without prior consent, except as allowed by Article 21 of the LSSI-CE.
A.10 Accessibility. The Professional is committed to improving the accessibility of the site. See the Accessibility Statement to report any barrier.
A.11 Changes. The Professional may change these terms and the site at any time. Changes apply from their publication. Each contract already accepted is governed by the version in force on the date of acceptance.
Part B · Terms of service for hiring
These terms form part of each accepted quote. In case of conflict, the quote prevails, then these terms of service, and lastly Part A. The client declares that it acts as a company, self-employed person or professional and provides its tax ID and billing details.
1. Scope. The service is the one described in the quote (type, quantity, duration and format). The selection of shots and photographs is up to the Professional. Their variety depends on the people and situations present during the contracted coverage time. Any specific requirement (particular shots, people, areas) must be communicated in writing before the service. Coverage ends at the agreed time. Anything not included in the quote, including additional time, material or deliverables, is quoted separately. Promotional posts included in some services (for example, on the Instagram Stories of @criticogastronomicofoodie) are published with no guarantee of reach, impressions or results.
2. Payment. 50% of the amount upon acceptance of the quote, as a deposit, and the remaining 50% against invoice on delivery, due 7 calendar days from issue. Quoted amounts exclude VAT and other applicable taxes, which are added as required by law. The Professional will issue an invoice for the deposit when it is received and a final invoice on delivery. Payment is made by bank transfer, without withholdings or unilateral set-off. Late payment automatically accrues, without any reminder, default interest and the collection-cost compensation set by Spanish Law 3/2004 of 29 December (the interest rate of Article 7 and the minimum compensation of EUR 40 of Article 8, without prejudice to additional proven costs). Until payment is complete, the Professional may withhold delivery of, or access to, the final material.
3. Deposit. Payment of the deposit is mandatory to reserve the date and for the Professional to carry out the service; until it is received, the date is not reserved. The deposit reserves the Professional’s date and time and is non-refundable, except in the cases of clause 11. It compensates the preparation work and the reserved availability. It is deducted from the total price when the service is delivered.
4. Delivery and acceptance. The Professional will deliver the material within the period agreed in the quote, by download link. The client has 5 working days from delivery to notify in writing, with reasons, any failure to comply with what was agreed in the quote, identifying the specific defect. If that period passes without objection, or if the client uses or publishes the material, delivery is deemed accepted. The client’s aesthetic or subjective preference is not a breach. If a breach is proven, the Professional will remedy it (correction or redelivery) within a reasonable time; if, because of the nature of the event, the service cannot be repeated, the client is entitled only to a proportionate price reduction for the affected part.
5. Review. One round of selection or reasonable adjustments is included within the contracted scope, to be requested within the 5 working days of clause 4. Additional material is quoted separately.
6. Cancellation. If the client cancels or postpones the service more than 7 calendar days in advance, it forfeits the deposit. With less than 7 calendar days’ notice, or once the service has been delivered, 100% of the amount is invoiced. These amounts are expressly agreed as a contractual penalty in the event of cancellation or postponement by the client, as compensation for the reservation of the date, the preparation and the loss of other assignments (Article 1152 of the Spanish Civil Code); the parties consider them proportionate, they replace any other compensation for damages, and the client declares it knows and accepts them. Cancellation must be notified in writing.
7. Usage rights. The Professional retains authorship and moral rights. Upon full payment of the service, the client obtains a non-exclusive, non-transferable, worldwide licence, with no time limit, to use the delivered material on its own website, social media and commercial communication, including its advertising (also paid), press, catalogues and presentations. The client may crop and adapt the material to technical formats, but not alter it in a way that distorts the work or harms the Professional’s reputation. Resale, assignment to third parties, inclusion in image libraries and use on behalf of another company are not permitted, except for agencies acting on the client’s behalf. No licence is granted until full payment; any earlier use is considered unauthorised. The Professional may include the work in the portfolio and in the promotion of its services; the client may ask in writing, before delivery, for confidential material (for example, prototypes or unlaunched products) to be excluded. In the portfolio, images of identifiable people will only be published where those people have authorised that use or where their appearance is merely incidental; otherwise they will be blurred or omitted.
8. Retention. The Professional keeps the originals for 30 days from delivery. After that period they may be deleted, unless a claim is open, in which case they will be kept until it is resolved. The client must download and keep a copy of the delivered material; the Professional has no further custody obligation and is not liable for later losses.
9. Acceptance. These terms are accepted by written reply (email) or by payment of the deposit, whichever occurs first. Acceptance forms a binding contract and the version of these terms in force on that date applies. The Professional will keep the acceptance communication as evidence. The client confirms it has been able to read these terms before accepting.
10. Client obligations. The client is responsible for obtaining the access, accreditations and authorisations needed (from the venue, the trade show organiser or its own staff), for complying with the venue rules and for appointing a contact person. The client decides what is filmed or photographed and how the material is used, and is solely responsible for informing the people who appear in it and for obtaining their authorisations and those of third parties where the law requires them (image rights, data protection or others). The Professional only captures the images on the client’s instructions and does not verify or manage those authorisations. The client will notify in writing of any areas, products or people that must not be photographed or filmed. Delays or obstacles caused by the client do not extend the coverage or entitle it to a refund.
11. Cancellation by the Professional and force majeure. If the Professional cannot provide the service due to illness, accident, equipment failure or force majeure (for example, closure of the venue, denial of access by the organiser, or causes beyond its control), it will propose a new date or a replacement professional. If the client does not accept, the Professional will refund what was paid and will not be liable for any other amount. If the trade show organiser cancels or postpones the event, the service will be rescheduled once at no extra cost, subject to availability; if no agreement is reached, clause 6 applies.
12. Liability. The Professional’s total liability for any claim arising from the service is limited to the amount paid for the affected service, and excludes loss of profit, indirect damages and loss of business opportunities. This limit does not apply in cases of wilful misconduct or gross negligence, or to anything that the law does not allow to be limited. The Professional is not liable for the uses the client makes of the material, nor for third-party elements supplied by the client (logos, music, texts). The client will hold the Professional harmless against third-party claims arising from the client’s instructions, from the authorisations the client was responsible for obtaining, or from use of the material outside these terms.
13. Data protection and images of people. Images of identifiable people are personal data. The client is responsible for informing those people and for having the necessary legal basis; the Professional processes them on the client’s behalf to provide the service and deliver the material. For its portfolio, the Professional acts as data controller and applies clause 7. If the client requests it in writing, the parties will sign the data processing agreement required by Article 28 of the GDPR. The processing of the client’s own data is governed by the Privacy Policy.
14. Confidentiality. Both parties will keep confidential the non-public information they share for the service and use it only for that purpose, except where required by law. This obligation does not prevent the Professional from showing the work as set out in clause 7.
15. Clients outside Spain. Amounts are invoiced in euros. Bank charges and any taxes, withholdings or levies applied in the client’s country are borne by the client and do not reduce the net amount the Professional must receive. Clients in the European Union will provide their intra-EU VAT number; VAT will be treated according to the rules applicable to each transaction. For clients outside the European Union, payment is made 100% in advance unless otherwise agreed in writing. Documents and communications are drafted in Spanish; if there is a translation, the Spanish version prevails.
16. Subcontracting. The Professional may entrust part of the service to collaborators, remaining responsible towards the client.
17. General provisions. These terms and the accepted quote are the entire agreement between the parties and replace any prior agreement. If a clause is found to be void, the rest remains in force. The Professional’s failure to enforce a right at any time is not a waiver of it. The client may not assign the contract without the Professional’s written consent. Email communications to the addresses given in the quote are valid as written communication.
18. Governing law, dispute resolution and jurisdiction. These terms are governed by Spanish law, excluding the United Nations Convention on Contracts for the International Sale of Goods. Before going to court, the parties will try to resolve any dispute by good-faith direct negotiation for 15 days from the written notice of the claim (Spanish Organic Law 1/2025). If the client does not respond within that period to a payment claim sent by email, this negotiation attempt will be deemed fulfilled. For any matter not resolved, the parties submit to the courts of Barcelona, expressly waiving any other jurisdiction that might correspond to them.
Contact: marcosperez@creadordecontenidougc.es · +34 637 605 869