Terms and Conditions

General terms and conditions
Photography

Validity
  1. The following General Terms and Conditions of Delivery and Business (hereinafter referred to as "GTC") shall apply to all orders, offers, deliveries and services of the Photographer.
  2. They shall be deemed to have been agreed upon the Customer's acceptance of the delivery or service or the Photographer's offer, but no later than the Photographer's acceptance of the photographic material for publication.
  3. If the customer wishes to object to the General Terms and Conditions, he must declare this in writing within three working days. Any deviating terms and conditions of the customer are hereby objected to. Deviating terms and conditions of the customer shall not be valid unless the photographer acknowledges them in writing.
  4. The General Terms and Conditions shall also apply to all future orders, offers, deliveries and services of the Photographer within the framework of an ongoing business relationship, even if they are not expressly included, unless expressly agreed otherwise.

Commissioned productions
  1. Insofar as the Photographer prepares cost estimates, these shall be non-binding. If cost increases occur during production, these shall only be communicated by the Photographer if it is recognizable that the originally estimated total costs are likely to be exceeded by more than 15% as a result. If the scheduled production time is exceeded for reasons for which the Photographer is not responsible, additional remuneration shall be payable on the basis of the agreed time fee or in the form of a reasonable increase in the flat fee.
  2. The Photographer is entitled to commission services from third parties that must be purchased to carry out the production in the name of, on the authority of, and for the account of the Client.
  3. Unless otherwise agreed, the photographs submitted to the customer for acceptance after completion of the production will be selected by the photographer.
  4. If the Photographer has not received any written notification of defects within two weeks of delivery of the Photographs, the Photographs shall be deemed to have been accepted in accordance with the contract and free of defects.

Submitted photographic materials (analog and digital)
  1. The General Terms and Conditions shall apply to all photographic material provided to the customer, irrespective of the creative stage or technical form in which it is available. They also apply in particular to electronically or digitally transmitted photographic material.
  2. The Customer acknowledges that the photographic material supplied by the Photographer is a photographic work protected by copyright within the meaning of Section 2 (1) No. 5 of the German Copyright Act (UrhG).
  3. Design proposals or conceptions commissioned by the customer are independent services that are to be remunerated.
  4. The photographic material provided remains the property of the photographer, even if remuneration is paid for it.
  5. The customer must treat the photographic material with care and may only pass it on to third parties for internal business purposes of viewing, selection and technical processing.
  6. Complaints concerning the content of the delivered consignment or the content, quality or condition of the photographic material must be notified within two weeks of receipt. Otherwise, the photographic material shall be deemed to have been received properly, in accordance with the contract and as documented.

Rights of use
  1. In principle, the customer acquires only a simple right of use for one-time use. Unless otherwise agreed, publications on the Internet or inclusion in digital databases are limited to the duration of the publication period of the corresponding or comparable print object.
  2. Exclusive rights of use, media-related or spatial exclusive rights or blocking periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.
  3. Upon delivery, only the right of use for the one-time use of the photographic material for the purpose specified by the customer and in the publication and in the medium or data carrier specified by the customer or resulting from the circumstances of the order placement shall be transferred. In case of doubt, the purpose for which the photographic material was provided, as indicated on the delivery bill or the shipping address, shall be decisive.
  4. Any use, exploitation, duplication, disclosure or publication in excess of Section 3 shall be subject to a fee and shall require the prior express consent of the Photographer. This applies in particular to:
  5. a secondary use or secondary publication, in particular in anthologies, brochures accompanying products, in advertising measures or in other reprints, any editing, alteration or redesign of the photographic material,
  6. the digitization, storage or reproduction of the photographic material on data carriers of any kind (e.g. magnetic, optical, magneto-optical or electronic carrier media such as CD-ROM, DVD, hard disks, RAM, microfilm, etc.), insofar as this does not merely serve the technical processing and management of the photographic material in accordance with Item III 5. of the General Terms and Conditions,
  7. any duplication or use of the image data on digital data carriers, any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (also insofar as these are internal electronic archives of the customer),
  8. the transfer of the digitized image material by means of remote data transmission or on data carriers suitable for public reproduction on screens or for the production of hard copies.
  9. Changes to the photographic material by photo-composing, montage or by electronic means to create a new copyrighted work are only permitted with the prior written consent of the photographer and only if marked with [M]. The photographic material may also not be copied, subsequently photographed or otherwise used as a motif.
  10. The Customer shall not be entitled to transfer the rights of use granted to it in whole or in part to third parties, including to other group companies or subsidiaries. Any use, reproduction or transfer of the photographic material shall only be permitted on condition that the copyright notice specified by the photographer is affixed to the respective image without any doubt.
  11. The granting of the rights of use is subject to the condition precedent of full payment of all payment claims of the Photographer arising from the respective contractual relationship.
  12. I use the service https://app.kreativ.management to provide my services to my customers. In particular, this service offers me the possibility to create master data of the customers I support, a calendar management, a to-do list, a mailbox for communication between me and my customers as well as the possibility to create offers and invoices for the user's services directly via the service. This service is offered by Hochzeit.Management GmbH, with whom I have a usage agreement as well as a - data protection required - order processing agreement.

Liability
  1. The photographer assumes no liability for the infringement of rights of depicted persons or objects, unless a correspondingly signed release form is enclosed. The acquisition of rights of use that go beyond photographic copyright, e.g. for pictured works of fine or applied art, and the obtaining of publication permits from collections, museums, etc. is the responsibility of the customer. The customer bears the responsibility for the text and the meaning resulting from the respective publication.
  2. From the time of proper delivery of the photographic material, the customer is responsible for its proper use.

Fees
  1. The agreed fee shall apply. If no fee has been agreed, it shall be determined in accordance with the current picture fee overview of the Mittelstandsgemeinschaft Foto- Marketing (MFM). The fee is exclusive of the statutory value-added tax.
  2. The agreed fee covers the one-time use of the photographic material for the agreed purpose in accordance with Section IV. 3.
  3. Costs and expenses incurred as a result of the order (e.g. material and laboratory costs, model fees, costs for necessary props, travel costs, necessary expenses, etc.) are not included in the fee and shall be borne by the customer.
  4. The fee is due upon delivery of the recording. If a production is delivered in parts, the corresponding partial fee is due with the respective delivery. In the case of production orders, the photographer shall be entitled to demand partial payments in accordance with the scope of services rendered in each case.
  5. The fee pursuant to VI. 1. of the General Terms and Conditions shall be paid in full even if the photographic material commissioned and supplied is not published. If the photos are used as a working template for layout and presentation purposes, a fee of at least EURO 75.00 per photo shall be due, subject to any agreement to the contrary.
  6. A set-off or the exercise of the right of retention is only permissible with undisputed or legally established claims of the customer. In addition, offsetting with disputed but ready for decision counterclaims is permissible.

Return of the photographic material
  1. Analog photographic material shall be returned in the form supplied without being requested to do so immediately after publication or the agreed use, but no later than 3 months after the date of delivery; two specimen copies shall be enclosed. An extension of the 3-month period requires the photographer's written consent.
  2. Digital data must always be deleted or the data carriers destroyed after the end of use. The photographer is not liable for the existence and/or the possibility of a renewed delivery of the data.
  3. If the photographer provides photographic material at the customer's request or with the customer's consent solely for the purpose of checking whether it is suitable for use or publication, the customer shall return analog photographic material within one month of receipt at the latest, unless a different deadline is specified on the delivery bill. Digital data shall be deleted or the data carriers shall be destroyed or returned. An extension of this deadline shall only be effective if confirmed in writing by the Photographer.
  4. The photographic material shall be returned by the customer at the customer's expense in packaging customary in the industry. The customer bears the risk of loss or damage during transport until receipt by the photographer.

Contractual penalty, damages
  1. In the event of any unauthorized use, utilization, reproduction or disclosure of the photographic material (without the photographer's consent), a contractual penalty in the amount of five times the utilization fee shall be payable for each individual case, subject to any further claims for damages.
  2. In the event of omitted, incomplete, incorrectly placed or non-transferable copyright notice, a surcharge of 100% of the agreed or customary usage fee shall be payable.

General
  1. The law of the Federal Republic of Germany shall be deemed agreed, even in the case of deliveries abroad.
  2. Ancillary agreements to the contract or to these GTC must be in writing to be effective.
  3. The possible invalidity or ineffectiveness of one or more provisions of these GTC shall not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with a corresponding valid provision that comes as close as possible to the intended provision in economic and legal terms.
  4. If the customer is a registered trader, the place of performance and jurisdiction shall be the photographer's place of residence.

Source: https://dju.verdi.de/++file++52498d19890e9b0cee000447/download/agb2008_DE.pdf