The terms and conditions listed here as of 11.2022 are the basis for every order
1.1 These terms apply to all orders placed with the photographer and to the licensing of (stock) photos. They also apply to other similar contracts without further notice.
1.2. Deviating conditions of the client or licensee are not recognized unless the photographer expressly agrees to their validity. Such deviating terms and conditions do not become part of the contract even if the photographer does not expressly object.
1.3. Works are photographs and other graphic works produced by the photographer, moving and still, regardless of the technical form or medium in which they were created or are available.
1.4. The specified minimum amount of edited photos and the duration of the shooting as stated here on the website depends on the situation and the weather. They can therefore deviate, but are more likely to be exceeded.
1.5. Due to the small business status according to § 19 UStG, no sales tax is charged and reported.
2.1. The photographer is entitled to the copyright to the photographs in accordance with copyright law.
2.2. Only after full payment of all claims to which the photographer is entitled from the business relationship are the simple rights of use transferred to the client. These simple usage rights include use for all media (e.g. print, web and presentations).
2.3. Passing on rights of use to third parties requires a special agreement.
2.4. Irrespective of the transferred rights of use, the photographer remains entitled to use the works for self-promotion (homepage, social media, notices, etc.). If you do not want publication, you can object orally or in writing at any time.
2.5. a) Optically significant image processing and gross changes to the photographer's works are not permitted unless this has been expressly agreed between the photographer and the client.
2.5. b) In the event of unauthorized use, modification, redesign or transfer of a work by the client or third parties, the client must pay damages of €200 per work and individual case.
2.6. The photographer is not obliged to hand over data carriers or prints to the client if this has not been expressly agreed in writing.
3.1. The previously agreed remuneration applies to the service or licensing.
3.2. If the booked period of time is exceeded for an order, the photographer's remuneration will increase to a reasonable extent.
3.3. If the photographer has been booked for a specific date or period and this is canceled by the client or not kept, the photographer retains the right to the agreed remuneration. However, the remuneration is reduced by the expenses saved by the photographer and by the amount that the photographer has earned with another job on the canceled date.
3.4. A fee is agreed for the production of the works as an hourly rate, daily rate or an agreed flat rate; Additional costs (travel expenses, model fees, expenses, props, etc.) are to be borne by the client. The agreed fee applies.
3.5. Invoices are to be paid within 14 days without deduction. The delivered works and/or data carriers remain the property of the photographer until all claims to which the photographer is entitled from the business relationship have been paid in full.
3.6. If the client has not given the photographer any explicit instructions regarding the design of the photographs, complaints regarding the image design and the artistic and technical design are excluded. If the client wishes changes during or after the recording production, he has to bear the additional costs.
3.7. The photographer makes the works produced digitally available for download in the usual, lossy file formats. Other handovers of the works are to be agreed and remunerated separately before the start of the order.
3.8. The photographer is not obliged to store digital data of the completed works longer than 30 days after they have been made available to the client in a contractual manner. If storage or storage is to take place with the photographer, this must be expressly agreed and paid for separately.
No liability is accepted for props or objects brought along. In cases of damage or loss, the contractual partners release each other from any liability. This does not apply to willful damage. The photographer assumes no liability for accidents during the shoot. Liability is also excluded in the event that, due to external influences, force majeure or illness, the recordings cannot take place before or during the agreed photo appointment, or have to be interrupted during it. In this case, the shooting must be made up for or continued at a date that is mutually possible as soon as possible. The customer has no right to compensation.
The client assures that all persons depicted agree to the film and photo recordings as well as to the publication, duplication and distribution. The customer indemnifies the photographer against claims for compensation by third parties based on the violation of this obligation.
The customer's data communicated to the photographer will be stored electronically insofar as this is necessary for the proper processing of the business relationship. The photographer undertakes to treat all information that has become known to him as part of the order as confidential and not to make it accessible to third parties.
7.1. If both contracting parties are merchants or the client is a legal entity under public law or a special fund under public law, the place of jurisdiction is agreed to be the place of business of the photographer.
7.2 Should a provision of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions. Instead of the ineffective or unenforceable provision, a suitable, legally effective replacement provision that comes as close as possible to the economic success is made by mutual agreement.
Deutsch
Română
