GTC
I. General
1. The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all assignments given to the photographer. They are deemed accepted unless immediately objected to. If the client wishes to object to the GTC, this must be declared in writing within three working days. Any deviating terms and conditions of the client are hereby rejected. Deviating terms and conditions of the client shall not become valid unless expressly acknowledged in writing by the photographer.
2. The basis of the contract is the respective offer provided by the contractor, in which all agreed services and remuneration are specified. These offers are non-binding and without obligation.
3. “Photographs” within the meaning of these GTC are all products created by the contractor, regardless of their technical form or medium.
4. The contractor is at all times free in terms of artistic and technical design. Complaints regarding this are excluded.
5. The contract is concluded upon written or electronic confirmation of the offer or submission of the order.
II. Usage and Copyright
1. The copyright of the photographs always remains with the photographer.
2. The contractor grants the client a simple right of use of the photographs. This right includes only private, non-commercial use. Reproduction and sharing with third parties for private purposes is permitted.
3. Rights of use are only transferred after full payment of the fee to the photographer.
4. Any subsequent commercial/business use of the photographs, in any form, by the client or by third parties, requires prior written consent from the contractor. This also applies to photographs that have been altered or modified digitally or otherwise by the client or third parties.
5. For private use in online or print media, the photographer must always be named as the author of the photographs. Violation of the right to be credited entitles the photographer to claim damages.
6. The contractor may use the photographs for their portfolio (website, social media, sample books, promotional material, trade fairs, magazines) if written permission has been granted by the client. If the images may not be used for advertising purposes, an advertising loss fee of 20% of the shooting price will be charged.
7. The release of raw data (unedited images) to the client does not take place.
III. Remuneration
1. The creation of photographs is subject to a fee as an hourly rate, daily rate, or agreed flat rate. Additional costs such as travel, expenses, props, rental fees, etc., are to be borne by the client unless otherwise agreed.
2. Until full payment of the invoice amount, the delivered photographs remain the property of the contractor.
3. Payment is made in cash on the day of the appointment or in advance by bank transfer. For weddings, by invoice.
4. For wedding packages, a deposit of 25% of the total amount is due. For couple/maternity/newborn or family sessions, the full amount is due on site or in advance by bank transfer.
5. Invoices are due immediately and without deduction. The client is in default, unless otherwise agreed, if the invoice is not paid within 14 days of receipt. The photographer reserves the right to send a reminder after the due date to establish default earlier.
IV. Liability
1. The contractor and his agents are liable for damages of any kind related to contract fulfillment only in cases of intent or gross negligence.
2. Liability for damage or loss of photographs exists only in cases of intent or gross negligence.
3. Liability for damage, defects, or loss caused by subcontractors or suppliers working on their own account is excluded.
4. Delivery dates for photographs are binding only if expressly confirmed by the contractor. Liability for delays exists only in cases of intent or gross negligence.
5. The organization and assignment of bookings, as well as execution, are carried out with the utmost care. However, if for reasons beyond the contractor’s control (e.g., sudden illness, accident, environmental influences, traffic disruptions) no photographer can attend or arrives late, no liability is assumed for any resulting damages or consequences.
6. Complaints of any kind must be received by the contractor within 14 days of delivery of the photographs. After this period, the photographs are deemed accepted as per contract and free of defects.
V. Cancellation Terms
1. If the client cancels: In case of withdrawal before the agreed date, for weddings a reservation fee equal to the 25% deposit will be retained or becomes due. For cancellations less than 30 days before the wedding, 70% of the total amount is due. For all other sessions, 30% of the agreed fee will be charged as cancellation fee. Statutory cancellation rights remain unaffected. In cases of illness, accidents, environmental influences, or similar beyond the client’s control, rescheduling is possible.
2. If the contractor cancels: The contractor reserves the right to cancel or reschedule booked services at any time for important reasons. In case of cancellation, any payments already made will be fully refunded. In case of rescheduling, the client has an extraordinary right of cancellation, which must be exercised within one week of notification.
3. The booking of a session or wedding reportage is only binding upon receipt of the 25% deposit. If the deposit is not received within 14 days, the photographer reserves the right to cancel the collaboration.
VI. Editing
1. The client is aware of the photographer’s artistic and stylistic approach and acknowledges that the images will be edited in a similar style.
2. Subsequent editing of the photographs by the client is prohibited, including conversion into black & white or sepia, color adjustments, or use of filters/presets.
3. The client is obliged, when publishing photographs online, to ensure that the photographer is clearly identifiable as the author.
VII. Storage Duration of Photographs
The contractor stores the photographs for 6 months on external drives. After this period, they are permanently deleted. There is no entitlement to longer storage. Within the 6-month period, photographs can be re-ordered at any time. The contractor is not liable for loss of the client’s photographs.
VIII. Data Protection
The client agrees that their personal data necessary for business transactions may be stored. The contractor undertakes to treat all information obtained within the scope of the assignment confidentially. Data will not be passed on to third parties unless required for fulfillment of the assignment.
IX. Right of Withdrawal
For service contracts, the client has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise the right of withdrawal, the client must notify the contractor by means of a clear declaration (e.g., a letter sent by post or email) of their decision to withdraw from this contract.
for enforceability.