TERMS AND CONDITIONS

(updated in April 2026 - translated from German)

In the event of discrepancies between the German and English versions, the German version shall prevail.

1. APPLICABILITY OF THE TERMS AND CONDITIONS
1.1. Scope of Application

The production of images and the granting of image licenses shall be carried out exclusively on the basis of the following terms and conditions. These terms and conditions shall also apply to all future production and licensing agreements unless expressly agreed otherwise.

1.2. Conflicting Terms

Any terms and conditions of the client deviating from the following provisions shall not be recognized. Such deviating terms and conditions shall not become part of the contract even if the photographer does not expressly object to them.

1.3. Written Form

Where written form is required under these terms and conditions, email communication shall satisfy the written form requirement pursuant to Section 126b German Civil Code (BGB).

2. PRODUCTION ASSIGNMENTS
2.1. Estimates

Cost estimates provided by the photographer are non-binding. The photographer shall only be required to notify the client if the originally estimated total costs are expected to be exceeded by more than 15%.

2.2. Rights Relating to Depicted Persons and Objects

In the case of photographs depicting persons or objects subject to third-party copyrights, ownership rights, or other rights, the client shall be responsible for obtaining all necessary permissions required for the creation and use of the images. The client shall indemnify and hold harmless the photographer against any third-party claims arising from a breach of this obligation. This indemnification obligation shall not apply if the client proves that they are not at fault.

The above provision shall also apply where the photographer selects the persons or objects to be photographed, provided that the photographer informs the client of such selection in sufficient time for the client to obtain the necessary permissions or to provide suitable alternative persons or objects for the photographic work.

2.3. Engagement of Third Parties

Where the execution of the assignment requires the services of third parties or the conclusion of contracts with third parties, the photographer shall be authorized to enter into such obligations in the name and on behalf of the client.

3. IMAGE ACCEPTANCE
3.1. Selection of Images

The photographer shall select the images presented to the client for acceptance upon completion of the production. Usage rights shall only be granted, subject to full payment (Section 9.1), for those images accepted by the client as contractually compliant.

3.2. Acceptance Deadlines and Notification of Defects

The client shall inspect the delivered photographs within 7 days of receipt and either declare acceptance or notify the photographer in writing of any specific defects. If no acceptance or notification of defects is made within this period, the photographs shall be deemed accepted as contractually compliant.

3.3. Correction of Deficiencies

Defects must be communicated to the photographer in writing and in detail. The photographer shall have the right to remedy identified defects within a reasonable period of time. The client shall only be entitled to refuse acceptance entirely in the event of material defects that significantly impair the intended use of the photographs.

Defects shall be deemed material if they:

- significantly impair the agreed quality or functionality of the work or delivery,

- fail to meet essential safety requirements,

- result in significant disadvantages for the client,

- render the use of the work or delivery impossible or substantially restricted.

4. REVISIONS
4.1. Number of Revision Rounds

Unless otherwise agreed in writing, the client shall be entitled to one (1) revision round for the delivered photographs within the agreed fee. Any additional revision rounds shall be subject to additional compensation.

4.2. Scope of Revisions

Revisions shall include only minor adjustments such as color correction, lighting adjustments, or retouching. Extensive changes requiring redesign or additional editing shall be considered additional services and invoiced separately.

4.3. Exclusion of Revisions

Revisions resulting from incorrect information or unclear instructions provided by the client are not included within the agreed revision scope and shall also be charged separately.

5. PROVISION OF RAW DATA
5.1. Entitlement to Raw Files

The client shall have no claim to the release of raw files (e.g. RAW files) unless expressly agreed in writing in advance.

5.2. Compensation for Raw Files

The provision of raw files shall only take place upon separate agreement and against additional compensation. The amount of compensation shall depend on the individual effort involved and the intended use of the raw files.

5.3. Rights Granted for Raw Files

Where raw files are provided, the photographer shall remain the copyright holder of the images. The client shall receive oonly the usage rights expressly agreed in the contract. Any editing or modification of the raw files beyond the agreed scope shall require the express written consent of the photographer.

6. PRODUCTION FEE AND ADDITIONAL COSTS
6.1. Exceeding the Scheduled Shooting Time

If the time allocated for the photographic work is significantly exceeded for reasons beyond the photographer’s control, any agreed flat fee shall be increased accordingly. If an hourly or daily rate has been agreed, the photographer shall also receive the agreed rate for the additional time required.

6.2. Reimbursement of Expenses

In addition to the agreed fee, the client shall reimburse all expenses incurred by the photographer in connection with the execution of the assignment (e.g. film material, digital image processing, models, travel expenses, or production-related costs). The photographer shall be entitled to appropriate travel and accommodation arrangements corresponding to the scope and requirements of the production.

6.3. Due Date of Production Fee

The production fee shall become due upon delivery of the images. If a production is delivered in parts, the corresponding partial fee shall become due upon delivery of each part. If the execution of an assignment extends over a longer period, the photographer may request advance payments corresponding to the work already performed.

7. COMPENSATION AND PAYMENT TERMS
7.1. Payment Deadlines

Unless otherwise agreed in writing, all invoices are payable within 14 days from the invoice date without deduction.

7.2. Default Interest

In the event of late payment, statutory default interest shall apply at a rate of 9 percentage points above the applicable base interest rate of the European Central Bank for business clients and 5 percentage points above the base interest rate for consumers. The right to claim further damages caused by delay remains reserved.

7.3. Reminder Fees

A flat fee of EUR 10 shall be charged for each reminder issued after default has occurred.

7.4. Advance Payment

The photographer shall be entitled to request an advance payment of 50% of the total fee upon conclusion of the contract. Production shall commence only after receipt of the advance payment.

7.5. Partial Payments

If the assignment extends over a period exceeding 3 months, the photographer may request partial payments corresponding to the progress made.

7.6. Prohibition of Set-Off

The client may only offset or withhold payments if their counterclaims are undisputed or legally established.

8. REQUEST FOR ARCHIVE IMAGES
8.1. Review and Return of Archive Images

Images requested by the client from the photographer’s archive shall be made available for viewing and selection for a period of one month from the date of delivery. If no license agreement is concluded within the selection period, all image storage media provided by the photographer must be returned before the deadline expires, and all image data stored by the client on their own storage media must be deleted.

8.2. Usage Rights and Approval

The provision of images for viewing and selection does not constitute a transfer of usage rights. Any use requires prior written approval by the photographer.

8.3. Chargeable Use and Layout Purposes

The use of images as working templates for sketches or layouts, as well as presentations to clients, already constitutes a chargeable use.

8.4. Handling Fees and Shipping Costs

The photographer may charge a handling fee for compiling image selections, depending on the type and scope of the effort involved. Shipping costs (packaging, postage), including costs for special shipping methods (courier, air freight, express delivery), shall be reimbursed separately by the client.

9. LICENSE RIGHTS AND GRANTING
9.1. Transfer of License Rights

License rights to the photographic works shall only transfer to the client after full acceptance, full payment of the agreed compensation, and reimbursement of all additional expenses.

9.2. Scope of Usage Rights

The photographer grants the client a non-exclusive, non-transferable license to use the photographs created, unless otherwise agreed in the quotation or in writing. The right of use is granted exclusively for the agreed purpose, scope, and territory.

The photographer reserves the right to use photographs created during the production, behind-the-scenes content, and production documentation for self-promotional purposes. This includes, in particular, use on the photographer’s website, social media, portfolios, presentations, exhibitions, awards, pitches, and editorial or press-related publications, unless expressly agreed otherwise in writing.

No ownership rights shall be transferred.

9.3. Time Limitations

Unless otherwise agreed in the quotation or in writing, the right of use shall be granted for a period of 2 years from the date of completion of the photographs. Any further use after expiry of this period shall require a renewed written agreement and may incur additional costs.

9.4. Geographic Limitations

Unless otherwise agreed in the quotation or in writing, the right of use shall be limited to the territory of the Federal Republic of Germany. Any use of the photographs outside this territory shall require the prior written consent of the photographer.

9.5. Content Restrictions

The client may use the photographs exclusively for the agreed purpose. Any use beyond the agreed scope shall require the written consent of the photographer and may incur additional costs.

9.6. Alterations and Editing

Use of the images shall generally only be permitted in their edited final version. Substantial alterations or modifications (e.g. montages, image manipulations, colorizations, or AI-based modifications), as well as alterations significantly affecting the visual appearance of the image, shall require prior consent of the photographer.

Standard format adjustments, crops, and minor color or contrast corrections that do not fundamentally alter the overall image design are excluded from this restriction.

9.7. Transfer to Third Parties

The granting or transfer of the usage rights acquired by the client to third parties, including other editorial departments of a publishing house, shall require the written consent of the photographer.

9.8. Photographer Credit

Unless otherwise agreed in writing, the photographer shall be credited as the author of the image with every publication. The credit must appear directly alongside the image.

9.9. Further Licensing

The client shall ensure that third parties using the photographs within the granted usage rights also comply with these provisions. In the event of unauthorized use or transfer, the photographer may assert a contractual penalty pursuant to Section 11.6.

10. DIGITAL IMAGE PROCESSING

10.1. Distribution and Reproduction

The transfer of digital images by means of electronic transmission or on storage media shall only be permitted to the extent necessary for the exercise of the granted usage rights requires such reproduction and distribution.

10.2. Digital Archiving

Image data may only be digitally archived for the client’s own purposes and only for the duration of the granted usage rights. Storage of image data in online databases or other digital archives accessible to third parties requires a separate agreement between the photographer and the client.

10.3. Attribution Metadata

When images are digitally recorded, the photographer’s name must be electronically linked to the image data. The client shall furthermore ensure, by suitable technical means, that this connection is maintained during any transmission of the image data, transfer to other storage media, display on screens, and any public reproduction, so that the photographer can always be identified as the author of the images.

10.4. Exclusion of AI Training and Automated Processing

The use of images created by the photographer for the training, optimization, or development of artificial intelligence or machine learning systems is expressly prohibited unless a separate written agreement has been concluded with the photographer.

This applies in particular to use in generative AI systems, datasets, style training, or automated image generation or analysis. Standard technical processing steps within ordinary production or administrative workflows remain unaffected.

11. LIABILITY AND DAMAGES
11.1. Liability for Damages

The photographer shall only be liable for damages caused intentionally or through gross negligence by the photographer or their agents. Excluded from this limitation are damages arising from the breach of essential contractual obligations, as well as damages resulting from injury to life, body, or health, for which the photographer shall also be liable in cases of slight negligence.

11.2. Liability for Loss or Failure of Image Material

The photographer shall not be liable for damages or losses resulting from the failure, damage, or loss of image material unless such damages or losses were caused by gross negligence or intent on the part of the photographer.

The client is obliged to take suitable measures for securing and storing the image material. In the event of loss or failure not caused by gross negligence or intent of the photographer, the photographer shall make all reasonable efforts to restore the image material or provide replacement.

Liability for loss of profits, consequential damages, or indirect damages resulting from the failure or loss of image material is excluded.

11.3. Exclusion of Liability for Use

The photographer assumes no liability for the manner in which the images are used. In particular, the photographer shall not be liable for the legality of use under competition law or trademark law.

11.4. Limitation Period for Claims

Claims by the client arising from a breach of duty by the photographer or their agents shall become time-barred one year after the statutory commencement of the limitation period.

Excluded from this limitation are claims for damages arising from intentional or grossly negligent breaches of duty by the photographer or their agents, as well as claims for damages resulting from injury to life, body, or health, including where such claims are based on slight negligence. The statutory limitation periods shall apply to such claims.

11.5. Risk During Delivery

The sending and return of images or storage media shall be at the client’s risk.

11.6. Contractual Penalty for Unauthorized Use

In the event of unauthorized use, alteration, modification, or transfer of an image, the photographer shall be entitled to demand an appropriate contractual penalty amounting to up to five times the agreed usage fee or, in the absence of an agreement, the customary usage fee. The right to assert further claims for damages remains unaffected.

11.7. Surcharge for Missing Credit

If the photographer is not credited in connection with an image publication (unless otherwise agreed) pursuant to Section 9.8, or if the photographer’s name is not permanently linked to the digital image pursuant to Section 10.3, the photographer may demand an appropriate surcharge on the agreed usage fee.

The right to assert further claims for damages remains unaffected.

12. VALUE ADDED TAX

12.1. All fees, charges, and costs payable by the client are subject to statutory value added tax (VAT) at the applicable rate. Any statutory levies or withholding taxes arising in connection with the execution of the contract shall be borne by the client insofar as legally permissible.

13. CANCELLATION FEES

13.1. Cancellation by the Client

Following written confirmation of the assignment, cancellation free of charge is possible up to 30 days prior to the start of production, provided that no long-term scheduling block or exclusive time reservation has been agreed.

In the event of cancellation up to 14 days before the start of production, 30% of the agreed fee shall become due.

In the event of cancellation up to 7 days before the start of production, 50% of the agreed fee shall become due.

In the event of cancellation within 48 hours prior to the start of production, the full agreed fee shall become due.

Any expenses already incurred, third-party costs, or non-cancellable expenses shall be reimbursed in full. Cancellations must be made in writing, including by email.

13.2. Long-Term Productions and Reserved Time Blocks

For multi-day productions, tour accompaniment, long-term projects, or periods reserved exclusively for the client, the photographer may agree upon a separate cancellation policy or cancellation fee.

Unless otherwise agreed in writing, cancellation occurring 60 days or less before the start of production shall result in 50% of the agreed fee becoming due.

13.3. Weather-Related Cancellations

Weather-related postponements or cancellations shall not constitute automatic cancellation of the assignment. Any fees, third-party costs, production costs, or non-cancellable expenses already incurred shall be reimbursed by the client.

The parties will make reasonable efforts to find a replacement date.

14. GOVERNING LAW AND JURISDICTION

14.1. Jurisdiction and Applicable Law

The laws of the Federal Republic of Germany shall apply. If the client has no general place of jurisdiction in the Federal Republic of Germany or relocates their registered office or habitual residence abroad after conclusion of the contract, the photographer’s place of residence shall be agreed as the place of jurisdiction.

14.2. Severability Clause

Should any provision of these terms and conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid provision whose economic purpose comes closest to that of the original provision.

15. DATA PROTECTION AND GDPR

15.1. Compliance with Data Protection Regulations

The photographer processes personal data of the client exclusively in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Processing is carried out exclusively for the performance and administration of the contractual relationship.

15.2. Disclosure to Third Parties

Personal data shall only be disclosed to third parties where necessary for the performance of the contract, legally permissible, or expressly approved by the client.

15.3. Privacy Policy

Further information regarding the processing of personal data, storage periods, and the rights of data subjects can be found in the photographer’s privacy policy. This is available on the photographer’s website or can be provided upon request.