GENERAL TERMS AND CONDITIONS
(Effective as of AUGUST 2024 - translated from German by ChatGPT)
1. APPLICABILITY OF THE TERMS AND CONDITIONS
1.1. GENERAL BASIS
THE PRODUCTION OF IMAGES AND THE GRANTING OF IMAGE LICENSES ARE CARRIED OUT EXCLUSIVELY BASED ON THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS ALSO APPLY TO ALL FUTURE PRODUCTION AND LICENSING AGREEMENTS UNLESS EXPRESSLY AGREED OTHERWISE.
1.2. DEVIATING CONDITIONS
THE CLIENT’S TERMS AND CONDITIONS THAT DEVIATE FROM THE FOLLOWING CONDITIONS WILL NOT BE ACCEPTED. SUCH DEVIATING TERMS AND CONDITIONS WILL NOT BECOME PART OF THE CONTRACT EVEN IF THE PHOTOGRAPHER DOES NOT EXPRESSLY OBJECT TO THEM.
2. PRODUCTION ORDERS
2.1. COST ESTIMATES
COST ESTIMATES PROVIDED BY THE PHOTOGRAPHER ARE NON-BINDING. THE PHOTOGRAPHER IS ONLY REQUIRED TO NOTIFY OF COST INCREASES IF AN EXCEEDANCE OF THE ORIGINALLY ESTIMATED TOTAL COSTS BY MORE THAN 15% IS EXPECTED.
2.2. RIGHTS TO DEPICTED PERSONS
IN THE CASE OF PORTRAITS AND IMAGES OF OBJECTS SUBJECT TO THIRD-PARTY COPYRIGHT, PROPERTY RIGHTS, OR OTHER THIRD-PARTY RIGHTS, THE CLIENT IS OBLIGATED TO OBTAIN THE NECESSARY CONSENT FROM THE DEPICTED PERSONS AND RIGHTS HOLDERS FOR THE PRODUCTION AND USE OF THE IMAGES. THE CLIENT MUST INDEMNIFY THE PHOTOGRAPHER AGAINST ANY CLAIMS FROM THIRD PARTIES RESULTING FROM THE VIOLATION OF THIS OBLIGATION. THE INDEMNIFICATION OBLIGATION DOES NOT APPLY IF THE CLIENT CAN PROVE THAT THEY ARE NOT AT FAULT. THIS PROVISION ALSO APPLIES IF THE PHOTOGRAPHER SELECTS THE PERSONS OR OBJECTS TO BE PHOTOGRAPHED, PROVIDED THAT THE PHOTOGRAPHER INFORMS THE CLIENT IN TIME SO THAT THE CLIENT CAN OBTAIN THE NECESSARY CONSENTS OR SELECT AND PROVIDE OTHER SUITABLE PERSONS OR OBJECTS FOR THE SHOOTING.
2.3. USE OF THIRD PARTIES
IF THE PERFORMANCE OF THE CONTRACT REQUIRES THE INVOLVEMENT OF A THIRD PARTY OR THE CONCLUSION OF ANOTHER CONTRACT WITH THIRD PARTIES, THE PHOTOGRAPHER IS AUTHORIZED TO ENTER INTO THE CORRESPONDING OBLIGATIONS ON BEHALF OF AND FOR THE ACCOUNT OF THE CLIENT.
3. IMAGE ACCEPTANCE
3.1. SELECTION OF IMAGES
THE PHOTOGRAPHER SELECTS THE IMAGES THAT WILL BE PRESENTED TO THE CLIENT FOR APPROVAL UPON COMPLETION OF THE PRODUCTION. USAGE RIGHTS WILL ONLY BE GRANTED FOR THE IMAGES THAT THE CLIENT APPROVES AS CONTRACTUALLY COMPLIANT, SUBJECT TO FULL PAYMENT (CLAUSE 9.1).
3.2. ACCEPTANCE DEADLINES AND DEFECT NOTIFICATION
THE CLIENT IS OBLIGED TO INSPECT THE DELIVERED PHOTOS WITHIN 7 DAYS OF RECEIPT AND EITHER DECLARE ACCEPTANCE OR NOTIFY IN WRITING OF SPECIFIC DEFECTS. IF NO ACCEPTANCE OR DEFECT NOTIFICATION OCCURS WITHIN THIS PERIOD, THE PHOTOS ARE DEEMED CONTRACTUALLY ACCEPTED.
3.3. DEFECTS PROCESSING
DEFECTS MUST BE COMMUNICATED TO THE PHOTOGRAPHER IN WRITING AND IN DETAIL. THE PHOTOGRAPHER HAS THE RIGHT TO CORRECT IDENTIFIED DEFECTS WITHIN A REASONABLE PERIOD. A CLAIM FOR COMPLETE REJECTION OF ACCEPTANCE EXISTS ONLY FOR SIGNIFICANT DEFECTS THAT MATERIALLY AFFECT THE INTENDED USE OF THE PHOTOS. DEFECTS ARE CONSIDERED SIGNIFICANT IF THEY: SUBSTANTIALLY IMPAIR THE AGREED QUALITY OR FUNCTIONALITY OF THE WORK OR DELIVERY, FAIL TO MEET ESSENTIAL SAFETY REQUIREMENTS, LEAD TO SIGNIFICANT DISADVANTAGES FOR THE CLIENT THAT RENDER THE USE OF THE WORK OR DELIVERY IMPOSSIBLE OR SEVERELY RESTRICTED.
4. REVISIONS
4.1. NUMBER OF REVISIONS
AS PART OF THE AGREED FEE, THE CLIENT IS ENTITLED TO ONE (1) REVISION OF THE DELIVERED PHOTOS, UNLESS OTHERWISE AGREED IN WRITING. ANY ADDITIONAL REVISIONS ARE POSSIBLE AGAINST AN ADDITIONAL FEE.
4.2. SCOPE OF REVISIONS
REVISIONS INCLUDE ONLY MINOR ADJUSTMENTS SUCH AS COLOR CORRECTIONS, LIGHT ADJUSTMENTS, OR RETOUCHING. EXTENSIVE CHANGES REQUIRING REDESIGN OF THE PHOTOS OR ADDITIONAL PROCESSING ARE CONSIDERED ADDITIONAL SERVICES AND WILL BE BILLED SEPARATELY.
4.3. EXCLUSION OF REVISIONS
REVISIONS REQUIRED DUE TO INCORRECT INFORMATION OR UNCLEAR INSTRUCTIONS FROM THE CLIENT ARE NOT INCLUDED IN THE AGREED SCOPE OF REVISIONS AND WILL ALSO BE BILLED SEPARATELY.
5. PROVISION OF RAW DATA
5.1. RIGHT TO RAW DATA
THE CLIENT HAS NO RIGHT TO THE PROVISION OF RAW DATA (E.G., RAW FILES), UNLESS EXPRESSLY AGREED IN WRITING BEFOREHAND.
5.2. COMPENSATION FOR RAW DATA
THE PROVISION OF RAW DATA IS ONLY POSSIBLE FOLLOWING A SEPARATE AGREEMENT AND IS SUBJECT TO ADDITIONAL COMPENSATION. THE AMOUNT OF COMPENSATION DEPENDS ON THE INDIVIDUAL EFFORT AND USE OF THE RAW DATA.
5.3. USAGE RIGHTS TO RAW DATA
IF RAW DATA IS PROVIDED, THE PHOTOGRAPHER REMAINS THE AUTHOR OF THE IMAGES. THE CLIENT ONLY RECEIVES THE CONTRACTUAL USAGE RIGHTS. ANY PROCESSING OR MODIFICATION OF THE RAW DATA REQUIRES THE EXPRESS WRITTEN CONSENT OF THE PHOTOGRAPHER.
6. PRODUCTION FEE AND ADDITIONAL COSTS
6.1. OVERRUN OF SHOOTING TIME
IF THE TIME ALLOCATED FOR SHOOTING IS SIGNIFICANTLY EXCEEDED FOR REASONS NOT ATTRIBUTABLE TO THE PHOTOGRAPHER, AN AGREED LUMP-SUM FEE MUST BE INCREASED ACCORDINGLY. IF AN HOURLY FEE IS AGREED, THE PHOTOGRAPHER WILL RECEIVE THE AGREED HOURLY OR DAILY RATE FOR THE TIME BY WHICH THE SHOOTING IS EXTENDED.
6.2. REIMBURSEMENT OF ADDITIONAL COSTS
IN ADDITION TO THE DUE FEE, THE CLIENT MUST REIMBURSE THE ADDITIONAL COSTS INCURRED BY THE PHOTOGRAPHER IN CONNECTION WITH THE PERFORMANCE OF THE ORDER (E.G., FOR FILM MATERIAL, DIGITAL IMAGE PROCESSING, MODELS, TRAVEL). THE PHOTOGRAPHER IS ENTITLED TO REASONABLE ACCOMMODATION OF AT LEAST 4 STARS AND FIRST-CLASS TRAVEL WITH DEUTSCHE BAHN OR BY AIRPLANE.
6.3. DUE DATE OF THE PRODUCTION FEE
THE PRODUCTION FEE IS DUE UPON DELIVERY OF THE IMAGES. IF AN IMAGE PRODUCTION IS DELIVERED IN PARTS, THE CORRESPONDING PARTIAL FEE IS DUE UPON DELIVERY OF EACH PART. IF THE EXECUTION OF AN ORDER EXTENDS OVER A LONGER PERIOD, THE PHOTOGRAPHER MAY REQUEST ADVANCE PAYMENTS CORRESPONDING TO THE WORK PERFORMED.
7. COMPENSATION AND PAYMENT TERMS
7.1. PAYMENT DEADLINES
UNLESS OTHERWISE AGREED IN WRITING, ALL INVOICES ARE PAYABLE WITHIN 14 DAYS FROM THE DATE OF THE INVOICE WITHOUT ANY DEDUCTIONS.
7.2. DEFAULT INTEREST
IN THE EVENT OF LATE PAYMENT, THE LEGAL DEFAULT INTEREST RATES APPLY, WHICH ARE 9 PERCENTAGE POINTS ABOVE THE RESPECTIVE APPLICABLE BASE RATE OF THE EUROPEAN CENTRAL BANK FOR ENTREPRENEURS, AND 5 PERCENTAGE POINTS ABOVE THE BASE RATE FOR CONSUMERS. THE ASSERTION OF FURTHER DAMAGES FOR DELAY REMAINS RESERVED.
7.3. REMINDER FEES
A FLAT FEE OF 10 EUROS IS CHARGED FOR EACH REMINDER AFTER THE OCCURRENCE OF DEFAULT.
7.4. DOWN PAYMENT
THE PHOTOGRAPHER IS ENTITLED TO REQUEST A DOWN PAYMENT OF 50% OF THE TOTAL FEE UPON CONCLUSION OF THE CONTRACT. PRODUCTION WILL ONLY BEGIN AFTER RECEIPT OF THE DOWN PAYMENT.
7.5. INSTALLMENT PAYMENTS
IF THE ORDER EXTENDS OVER A PERIOD OF MORE THAN 3 MONTHS, THE PHOTOGRAPHER MAY REQUEST INSTALLMENT PAYMENTS BASED ON THE PROGRESS MADE.
7.6. OFFSET BAN
AN OFFSET OR RETENTION OF PAYMENTS BY THE CLIENT IS ONLY PERMISSIBLE 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 WILL BE MADE AVAILABLE FOR REVIEW AND SELECTION FOR A PERIOD OF ONE MONTH FROM THE DATE OF THE DELIVERY NOTE. IF A LICENSE AGREEMENT IS NOT CONCLUDED WITHIN THE SELECTION PERIOD, THE PHOTOGRAPHER’S IMAGE DATA CARRIERS MUST BE RETURNED BY THE END OF THE PERIOD, AND ALL IMAGE DATA STORED BY THE CLIENT ON THEIR OWN DATA CARRIERS MUST BE DELETED.
8.2. USAGE RIGHTS AND RELEASE DECLARATION
NO USAGE RIGHTS ARE TRANSFERRED WITH THE PROVISION OF THE IMAGES FOR REVIEW AND SELECTION. ANY USE REQUIRES PRIOR WRITTEN RELEASE FROM THE PHOTOGRAPHER.
8.3. CHARGEABLE USE AND WORKING MATERIALS
THE USE OF IMAGES AS WORKING MATERIALS FOR SKETCHES OR LAYOUT PURPOSES, AS WELL AS PRESENTATION TO CLIENTS, CONSTITUTES A CHARGEABLE USE.
8.4. PROCESSING FEE AND SHIPPING COSTS
THE PHOTOGRAPHER MAY CHARGE A PROCESSING FEE FOR ASSEMBLING THE IMAGE SELECTION, WHICH WILL DEPEND ON THE NATURE AND EXTENT OF THE EFFORT INVOLVED AND WILL BE AT LEAST €50. SHIPPING COSTS (PACKAGING, POSTAGE) INCLUDING COSTS FOR SPECIAL SHIPPING METHODS (TAXI, AIR FREIGHT, EXPRESS COURIER) MUST BE REIMBURSED BY THE CLIENT.
9. USAGE RIGHTS AND LICENSE GRANTING
9.1. TRANSFER OF USAGE RIGHTS
USAGE RIGHTS FOR THE IMAGES WILL ONLY BE TRANSFERRED TO THE CLIENT AFTER COMPLETE ACCEPTANCE, PAYMENT OF THE AGREED COMPENSATION, AND REIMBURSEMENT OF ALL ADDITIONAL COSTS.
9.2. SCOPE OF USAGE RIGHTS
THE PHOTOGRAPHER GRANTS THE CLIENT A SIMPLE, NON-TRANSFERABLE USAGE RIGHT TO THE CREATED PHOTOS UNLESS OTHERWISE AGREED IN WRITING. THE USAGE RIGHT IS GRANTED EXCLUSIVELY FOR THE AGREED PURPOSE, SCOPE, AND USAGE AREA. THE PHOTOGRAPHER RETAINS THE RIGHT TO USE THE IMAGES FOR HIS OWN ADVERTISING UNLESS EXPLICITLY OTHERWISE AGREED. OWNERSHIP RIGHTS ARE NOT TRANSFERRED.
9.3. TEMPORAL RESTRICTIONS
UNLESS EXPRESSLY OTHERWISE AGREED, THE USAGE RIGHT IS GRANTED FOR A PERIOD OF 2 YEARS FROM THE DATE OF COMPLETION OF THE PHOTOS. FURTHER USE AFTER THE EXPIRATION OF THE PERIOD REQUIRES A NEW WRITTEN AGREEMENT AND MAY INCUR ADDITIONAL COSTS.
9.4. GEOGRAPHICAL RESTRICTIONS
UNLESS OTHERWISE AGREED, THE USAGE RIGHT IS LIMITED TO THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY. USE OF THE PHOTOS OUTSIDE THIS AREA IS ONLY PERMITTED WITH PRIOR WRITTEN CONSENT FROM THE PHOTOGRAPHER.
9.5. CONTENT RESTRICTIONS
THE CLIENT MAY USE THE PHOTOS ONLY FOR THE AGREED PURPOSE. ANY USE OF THE PHOTOS FOR OTHER PURPOSES, PARTICULARLY COMMERCIAL, ADVERTISING, OR EDITORIAL PURPOSES, REQUIRES THE WRITTEN CONSENT OF THE PHOTOGRAPHER AND MAY INCUR ADDITIONAL COSTS.
9.6. MODIFICATIONS AND EDITING
USE OF THE IMAGES IS PRINCIPALLY ONLY PERMITTED IN THE EDITED VERSION. ANY CHANGES OR ALTERATIONS (E.G., MONTAGES, PHOTO TECHNICAL ALIENATION, COLORING) AND ANY CHANGES IN IMAGE DISPLAY (E.G., PUBLICATION IN EXCERPTS) REQUIRE PRIOR CONSENT FROM THE PHOTOGRAPHER. EXCLUDED FROM THIS ARE ONLY THE REMOVAL OF UNINTENDED BLUR OR COLOR WEAKNESSES BY DIGITAL RETOUCHING.
9.7. TRANSFER TO THIRD PARTIES
THE GRANTING AND TRANSFER OF THE USAGE RIGHTS ACQUIRED BY THE CLIENT TO THIRD PARTIES, INCLUDING OTHER EDITORS OF A PUBLISHER, REQUIRE THE WRITTEN CONSENT OF THE PHOTOGRAPHER.
9.8. CREDITING THE PHOTOGRAPHER UPON PUBLICATION
UNLESS OTHERWISE AGREED IN WRITING, THE PHOTOGRAPHER MUST BE NAMED AS THE AUTHOR IN EVERY IMAGE PUBLICATION. THE CREDITING MUST BE INCLUDED WITH THE IMAGE.
9.9. FURTHER LICENSING
THE CLIENT IS OBLIGED TO ENSURE THAT THIRD PARTIES USING THE PHOTOS UNDER THE GRANTED USAGE RIGHTS ALSO COMPLY WITH THESE TERMS. IN CASE OF UNAUTHORIZED USE OR TRANSFER, THE PHOTOGRAPHER MAY CLAIM A CONTRACTUAL PENALTY IN ACCORDANCE WITH SECTION 11.5.
10. DIGITAL IMAGE PROCESSING
10.1. TRANSFER AND REPRODUCTION
THE TRANSFER OF DIGITAL IMAGES VIA DATA TRANSMISSION OR ON DATA CARRIERS IS ONLY PERMITTED TO THE EXTENT THAT THE EXERCISE OF THE GRANTED USAGE RIGHTS REQUIRES THIS FORM OF 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 USAGE RIGHT. 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. LINKING THE AUTHOR'S NAME
WHEN DIGITALLY CAPTURING THE IMAGES, THE PHOTOGRAPHER'S NAME MUST BE ELECTRONICALLY LINKED TO THE IMAGE DATA. THE CLIENT MUST ALSO ENSURE THROUGH SUITABLE TECHNICAL MEASURES THAT THIS LINKAGE REMAINS IN PLACE DURING EVERY DATA TRANSMISSION, TRANSFER OF IMAGE DATA TO OTHER DATA CARRIERS, DISPLAY ON A SCREEN, AND PUBLIC PRESENTATION, AND THAT THE PHOTOGRAPHER CAN ALWAYS BE IDENTIFIED AS THE AUTHOR OF THE IMAGES.
11. LIABILITY AND DAMAGES
11.1. LIABILITY FOR DAMAGES
THE PHOTOGRAPHER IS ONLY LIABLE FOR DAMAGES CAUSED BY HIMSELF OR HIS AGENTS INTENTIONALLY OR NEGLIGENTLY. EXCLUDED FROM THIS ARE DAMAGES ARISING FROM THE VIOLATION OF A CONTRACTUAL OBLIGATION ESSENTIAL TO THE ACHIEVEMENT OF THE CONTRACT PURPOSE (CARDINAL OBLIGATION), AS WELL AS DAMAGES ARISING FROM INJURY TO LIFE, BODY, OR HEALTH, FOR WHICH THE PHOTOGRAPHER IS ALSO LIABLE IN CASE OF SLIGHT NEGLIGENCE.
11.2. LIABILITY FOR FAILURE OR LOSS OF IMAGE MATERIAL
THE PHOTOGRAPHER IS NOT LIABLE FOR DAMAGES OR LOSSES ARISING FROM THE FAILURE, DAMAGE, OR LOSS OF IMAGE MATERIAL UNLESS SUCH DAMAGES OR LOSSES ARE ATTRIBUTABLE TO GROSS NEGLIGENCE OR INTENT OF THE PHOTOGRAPHER. THE CLIENT IS OBLIGED TO TAKE SUITABLE MEASURES TO SECURE AND STORE THE IMAGE MATERIAL. IN THE EVENT OF FAILURE OR LOSS OF IMAGE MATERIAL NOT ATTRIBUTABLE TO GROSS NEGLIGENCE OR INTENT OF THE PHOTOGRAPHER, THE PHOTOGRAPHER WILL MAKE ALL REASONABLE EFFORTS TO RESTORE THE IMAGE MATERIAL OR PROVIDE REPLACEMENT. LIABILITY OF THE PHOTOGRAPHER FOR LOST 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 NATURE OF THE USE OF HIS IMAGES. IN PARTICULAR, HE IS NOT LIABLE FOR THE COMPLIANCE WITH COMPETITION AND TRADEMARK LAWS OF THE USE.
11.4. STATUTE OF LIMITATIONS
CLAIMS BY THE CLIENT ARISING FROM A BREACH OF DUTY BY THE PHOTOGRAPHER OR HIS AGENTS ARE SUBJECT TO A ONE-YEAR STATUTE OF LIMITATIONS FROM THE LEGAL COMMENCEMENT OF THE LIMITATION PERIOD. EXCLUDED FROM THIS ARE CLAIMS FOR DAMAGES BASED ON INTENTIONAL OR GROSSLY NEGLIGENT BREACHES OF DUTY BY THE PHOTOGRAPHER OR HIS AGENTS, AND CLAIMS FOR DAMAGES DUE TO INJURY TO LIFE, BODY, OR HEALTH, EVEN IF BASED ON SLIGHT NEGLIGENCE OF THE PHOTOGRAPHER OR HIS AGENTS; THE LEGAL STATUTORY LIMITATION PERIODS APPLY TO THESE CLAIMS FOR DAMAGES.
11.5. LIABILITY AND BILLING FOR IMAGE TRANSMISSION
THE SENDING AND RETURN OF IMAGES IS AT THE CLIENT'S RISK AND EXPENSE.
11.6. CONTRACTUAL PENALTY FOR UNAUTHORIZED USE
IN THE CASE OF UNAUTHORIZED USE, MODIFICATION, RESTRUCTURING, OR TRANSFER OF AN IMAGE, THE PHOTOGRAPHER IS ENTITLED TO CLAIM A CONTRACTUAL PENALTY EQUAL TO FIVE TIMES THE AGREED OR, IN THE ABSENCE OF AN AGREEMENT, FIVE TIMES THE USUAL USAGE FEE, BUT AT LEAST 750 € PER IMAGE AND CASE. THE ASSERTION OF ANY FURTHER CLAIM FOR DAMAGES REMAINS UNTOUCHED.
11.7. SURCHARGE FOR MISSING CREDIT
IF THE PHOTOGRAPHER'S CREDIT (SECTION 9.8) IS OMITTED IN A PUBLICATION OF AN IMAGE (UNLESS OTHERWISE AGREED IN WRITING) OR IF THE PHOTOGRAPHER'S NAME IS NOT PERMANENTLY ATTACHED TO THE DIGITAL IMAGE (SECTION 10.3), THE CLIENT SHALL PAY A SURCHARGE EQUAL TO 100% OF THE AGREED OR, IN THE ABSENCE OF AN AGREEMENT, THE USUAL USAGE FEE, BUT AT LEAST 300 € PER IMAGE AND CASE. THE PHOTOGRAPHER ALSO RESERVES THE RIGHT TO ASSERT ANY FURTHER CLAIM FOR DAMAGES IN THIS REGARD.
12. VALUE ADDED TAX, ARTIST SOCIAL CONTRIBUTION
12.1. VALUE ADDED TAX AND ARTIST SOCIAL CONTRIBUTION SHALL BE ADDED TO THE FEES, CHARGES, AND COSTS TO BE PAID BY THE CLIENT, WHICH MAY BE INCURRED BY THE PHOTOGRAPHER FOR THIRD-PARTY SERVICES, IN THE APPLICABLE LEGAL AMOUNT.
CANCELLATION FEE / BAD WEATHER DAY
13.1. AFTER WRITTEN COMMISSIONING, CANCELLATION IS FREE OF CHARGE UP TO 60 DAYS BEFORE PRODUCTION. THEREAFTER, 50% OF THE FEE AND 100% OF THE ADDITIONAL COSTS ARE DUE. FOR CANCELLATION UP TO 7 DAYS BEFORE PRODUCTION, 80% OF THE FEE IS DUE. FROM 48 HOURS BEFORE THE START OF PRODUCTION, 100% OF THE ORDER VALUE IS DUE. CANCELLATIONS MUST BE MADE IN WRITING. THE SAME APPLIES TO SO-CALLED WEATHER SHOOTINGS THAT CANNOT TAKE PLACE DUE TO BAD WEATHER CONDITIONS.
14. LEGAL STATUS AND JURISDICTION
14.1. THE LAW OF THE FEDERAL REPUBLIC OF GERMANY SHALL APPLY. IN THE EVENT THAT THE CLIENT HAS NO GENERAL JURISDICTION IN THE FEDERAL REPUBLIC OF GERMANY OR MOVES THEIR SEAT OR USUAL PLACE OF RESIDENCE ABROAD AFTER THE CONTRACT IS CONCLUDED, THE PHOTOGRAPHER'S PLACE OF RESIDENCE SHALL BE AGREED UPON AS THE JURISDICTION.
15. DATA PROTECTION AND GDPR
15.1. COMPLIANCE WITH DATA PROTECTION REGULATIONS
THE PHOTOGRAPHER UNDERTAKES TO COMPLY WITH THE PROVISIONS OF THE GENERAL DATA PROTECTION REGULATION (GDPR) AND THE FEDERAL DATA PROTECTION ACT (BDSG). PERSONAL DATA, PARTICULARLY IMAGE MATERIALS COLLECTED, PROCESSED, AND USED IN THE COURSE OF CONTRACT EXECUTION, SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF CONTRACT PERFORMANCE. DISCLOSURE OF THESE DATA TO THIRD PARTIES OCCURS ONLY IF NECESSARY FOR CONTRACT PERFORMANCE OR IF THE CLIENT HAS EXPRESSLY CONSENTED.
15.2. CLIENT CONSENT AND RIGHTS
THE CLIENT CONSENTS TO THE PHOTOGRAPHER STORING AND PROCESSING THE PHOTOGRAPHS AND PERSONAL DATA (E.G., NAME, CONTACT DETAILS) CREATED IN THE COURSE OF THE COMMISSION. THE CLIENT HAS THE RIGHT TO REQUEST INFORMATION ABOUT THE STORED DATA AT ANY TIME, TO HAVE THEM CORRECTED, DELETED, OR TO RESTRICT THEIR PROCESSING, AS WELL AS TO OBJECT TO THE PROCESSING.
15.3. DELETION OF PERSONAL DATA
THE PHOTOGRAPHER POINTS OUT THAT DELETION OF PERSONAL DATA WILL OCCUR AFTER THE CONCLUSION OF THE CONTRACTUAL RELATIONSHIP, PROVIDED THERE ARE NO LEGAL RETENTION OBLIGATIONS. PHOTOGRAPHS CONTAINING PERSONAL DATA WILL BE DELETED AT THE LATEST AFTER THE EXPIRATION OF LEGAL RETENTION PERIODS OR AT THE EXPRESS REQUEST OF THE CLIENT, PROVIDED THAT THEIR RETENTION IS NOT NECESSARY FOR LEGAL REASONS.
15.4. WITHDRAWAL OF CONSENT
THE CLIENT HAS THE RIGHT TO WITHDRAW ANY CONSENT GIVEN FOR THE PROCESSING OF PERSONAL DATA AT ANY TIME. SUCH WITHDRAWAL SHALL NOT BE RETROACTIVE AND SHALL NOT AFFECT THE LEGALITY OF THE PROCESSING CARRIED OUT PRIOR TO THE WITHDRAWAL.
15.5. NOTE ON DATA PROTECTION STATEMENT
FURTHER INFORMATION ON DATA PROCESSING AND THE CLIENT'S RIGHTS CAN BE FOUND IN THE PHOTOGRAPHER'S DATA PROTECTION STATEMENT, WHICH IS AVAILABLE ON THE PHOTOGRAPHER'S WEBSITE OR WILL BE PROVIDED TO THE CLIENT UPON REQUEST.
GENERAL TERMS AND CONDITIONS
(Effective as of AUGUST 2024 - translated from German by ChatGPT)
1. APPLICABILITY OF THE TERMS AND CONDITIONS
1.1. GENERAL BASIS
THE PRODUCTION OF IMAGES AND THE GRANTING OF IMAGE LICENSES ARE CARRIED OUT EXCLUSIVELY BASED ON THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS ALSO APPLY TO ALL FUTURE PRODUCTION AND LICENSING AGREEMENTS UNLESS EXPRESSLY AGREED OTHERWISE.
1.2. DEVIATING CONDITIONS
THE CLIENT’S TERMS AND CONDITIONS THAT DEVIATE FROM THE FOLLOWING CONDITIONS WILL NOT BE ACCEPTED. SUCH DEVIATING TERMS AND CONDITIONS WILL NOT BECOME PART OF THE CONTRACT EVEN IF THE PHOTOGRAPHER DOES NOT EXPRESSLY OBJECT TO THEM.
2. PRODUCTION ORDERS
2.1. COST ESTIMATES
COST ESTIMATES PROVIDED BY THE PHOTOGRAPHER ARE NON-BINDING. THE PHOTOGRAPHER IS ONLY REQUIRED TO NOTIFY OF COST INCREASES IF AN EXCEEDANCE OF THE ORIGINALLY ESTIMATED TOTAL COSTS BY MORE THAN 15% IS EXPECTED.
2.2. RIGHTS TO DEPICTED PERSONS
IN THE CASE OF PORTRAITS AND IMAGES OF OBJECTS SUBJECT TO THIRD-PARTY COPYRIGHT, PROPERTY RIGHTS, OR OTHER THIRD-PARTY RIGHTS, THE CLIENT IS OBLIGATED TO OBTAIN THE NECESSARY CONSENT FROM THE DEPICTED PERSONS AND RIGHTS HOLDERS FOR THE PRODUCTION AND USE OF THE IMAGES. THE CLIENT MUST INDEMNIFY THE PHOTOGRAPHER AGAINST ANY CLAIMS FROM THIRD PARTIES RESULTING FROM THE VIOLATION OF THIS OBLIGATION. THE INDEMNIFICATION OBLIGATION DOES NOT APPLY IF THE CLIENT CAN PROVE THAT THEY ARE NOT AT FAULT. THIS PROVISION ALSO APPLIES IF THE PHOTOGRAPHER SELECTS THE PERSONS OR OBJECTS TO BE PHOTOGRAPHED, PROVIDED THAT THE PHOTOGRAPHER INFORMS THE CLIENT IN TIME SO THAT THE CLIENT CAN OBTAIN THE NECESSARY CONSENTS OR SELECT AND PROVIDE OTHER SUITABLE PERSONS OR OBJECTS FOR THE SHOOTING.
2.3. USE OF THIRD PARTIES
IF THE PERFORMANCE OF THE CONTRACT REQUIRES THE INVOLVEMENT OF A THIRD PARTY OR THE CONCLUSION OF ANOTHER CONTRACT WITH THIRD PARTIES, THE PHOTOGRAPHER IS AUTHORIZED TO ENTER INTO THE CORRESPONDING OBLIGATIONS ON BEHALF OF AND FOR THE ACCOUNT OF THE CLIENT.
3. IMAGE ACCEPTANCE
3.1. SELECTION OF IMAGES
THE PHOTOGRAPHER SELECTS THE IMAGES THAT WILL BE PRESENTED TO THE CLIENT FOR APPROVAL UPON COMPLETION OF THE PRODUCTION. USAGE RIGHTS WILL ONLY BE GRANTED FOR THE IMAGES THAT THE CLIENT APPROVES AS CONTRACTUALLY COMPLIANT, SUBJECT TO FULL PAYMENT (CLAUSE 9.1).
3.2. ACCEPTANCE DEADLINES AND DEFECT NOTIFICATION
THE CLIENT IS OBLIGED TO INSPECT THE DELIVERED PHOTOS WITHIN 7 DAYS OF RECEIPT AND EITHER DECLARE ACCEPTANCE OR NOTIFY IN WRITING OF SPECIFIC DEFECTS. IF NO ACCEPTANCE OR DEFECT NOTIFICATION OCCURS WITHIN THIS PERIOD, THE PHOTOS ARE DEEMED CONTRACTUALLY ACCEPTED.
3.3. DEFECTS PROCESSING
DEFECTS MUST BE COMMUNICATED TO THE PHOTOGRAPHER IN WRITING AND IN DETAIL. THE PHOTOGRAPHER HAS THE RIGHT TO CORRECT IDENTIFIED DEFECTS WITHIN A REASONABLE PERIOD. A CLAIM FOR COMPLETE REJECTION OF ACCEPTANCE EXISTS ONLY FOR SIGNIFICANT DEFECTS THAT MATERIALLY AFFECT THE INTENDED USE OF THE PHOTOS. DEFECTS ARE CONSIDERED SIGNIFICANT IF THEY: SUBSTANTIALLY IMPAIR THE AGREED QUALITY OR FUNCTIONALITY OF THE WORK OR DELIVERY, FAIL TO MEET ESSENTIAL SAFETY REQUIREMENTS, LEAD TO SIGNIFICANT DISADVANTAGES FOR THE CLIENT THAT RENDER THE USE OF THE WORK OR DELIVERY IMPOSSIBLE OR SEVERELY RESTRICTED.
4. REVISIONS
4.1. NUMBER OF REVISIONS
AS PART OF THE AGREED FEE, THE CLIENT IS ENTITLED TO ONE (1) REVISION OF THE DELIVERED PHOTOS, UNLESS OTHERWISE AGREED IN WRITING. ANY ADDITIONAL REVISIONS ARE POSSIBLE AGAINST AN ADDITIONAL FEE.
4.2. SCOPE OF REVISIONS
REVISIONS INCLUDE ONLY MINOR ADJUSTMENTS SUCH AS COLOR CORRECTIONS, LIGHT ADJUSTMENTS, OR RETOUCHING. EXTENSIVE CHANGES REQUIRING REDESIGN OF THE PHOTOS OR ADDITIONAL PROCESSING ARE CONSIDERED ADDITIONAL SERVICES AND WILL BE BILLED SEPARATELY.
4.3. EXCLUSION OF REVISIONS
REVISIONS REQUIRED DUE TO INCORRECT INFORMATION OR UNCLEAR INSTRUCTIONS FROM THE CLIENT ARE NOT INCLUDED IN THE AGREED SCOPE OF REVISIONS AND WILL ALSO BE BILLED SEPARATELY.
5. PROVISION OF RAW DATA
5.1. RIGHT TO RAW DATA
THE CLIENT HAS NO RIGHT TO THE PROVISION OF RAW DATA (E.G., RAW FILES), UNLESS EXPRESSLY AGREED IN WRITING BEFOREHAND.
5.2. COMPENSATION FOR RAW DATA
THE PROVISION OF RAW DATA IS ONLY POSSIBLE FOLLOWING A SEPARATE AGREEMENT AND IS SUBJECT TO ADDITIONAL COMPENSATION. THE AMOUNT OF COMPENSATION DEPENDS ON THE INDIVIDUAL EFFORT AND USE OF THE RAW DATA.
5.3. USAGE RIGHTS TO RAW DATA
IF RAW DATA IS PROVIDED, THE PHOTOGRAPHER REMAINS THE AUTHOR OF THE IMAGES. THE CLIENT ONLY RECEIVES THE CONTRACTUAL USAGE RIGHTS. ANY PROCESSING OR MODIFICATION OF THE RAW DATA REQUIRES THE EXPRESS WRITTEN CONSENT OF THE PHOTOGRAPHER.
6. PRODUCTION FEE AND ADDITIONAL COSTS
6.1. OVERRUN OF SHOOTING TIME
IF THE TIME ALLOCATED FOR SHOOTING IS SIGNIFICANTLY EXCEEDED FOR REASONS NOT ATTRIBUTABLE TO THE PHOTOGRAPHER, AN AGREED LUMP-SUM FEE MUST BE INCREASED ACCORDINGLY. IF AN HOURLY FEE IS AGREED, THE PHOTOGRAPHER WILL RECEIVE THE AGREED HOURLY OR DAILY RATE FOR THE TIME BY WHICH THE SHOOTING IS EXTENDED.
6.2. REIMBURSEMENT OF ADDITIONAL COSTS
IN ADDITION TO THE DUE FEE, THE CLIENT MUST REIMBURSE THE ADDITIONAL COSTS INCURRED BY THE PHOTOGRAPHER IN CONNECTION WITH THE PERFORMANCE OF THE ORDER (E.G., FOR FILM MATERIAL, DIGITAL IMAGE PROCESSING, MODELS, TRAVEL). THE PHOTOGRAPHER IS ENTITLED TO REASONABLE ACCOMMODATION OF AT LEAST 4 STARS AND FIRST-CLASS TRAVEL WITH DEUTSCHE BAHN OR BY AIRPLANE.
6.3. DUE DATE OF THE PRODUCTION FEE
THE PRODUCTION FEE IS DUE UPON DELIVERY OF THE IMAGES. IF AN IMAGE PRODUCTION IS DELIVERED IN PARTS, THE CORRESPONDING PARTIAL FEE IS DUE UPON DELIVERY OF EACH PART. IF THE EXECUTION OF AN ORDER EXTENDS OVER A LONGER PERIOD, THE PHOTOGRAPHER MAY REQUEST ADVANCE PAYMENTS CORRESPONDING TO THE WORK PERFORMED.
7. COMPENSATION AND PAYMENT TERMS
7.1. PAYMENT DEADLINES
UNLESS OTHERWISE AGREED IN WRITING, ALL INVOICES ARE PAYABLE WITHIN 14 DAYS FROM THE DATE OF THE INVOICE WITHOUT ANY DEDUCTIONS.
7.2. DEFAULT INTEREST
IN THE EVENT OF LATE PAYMENT, THE LEGAL DEFAULT INTEREST RATES APPLY, WHICH ARE 9 PERCENTAGE POINTS ABOVE THE RESPECTIVE APPLICABLE BASE RATE OF THE EUROPEAN CENTRAL BANK FOR ENTREPRENEURS, AND 5 PERCENTAGE POINTS ABOVE THE BASE RATE FOR CONSUMERS. THE ASSERTION OF FURTHER DAMAGES FOR DELAY REMAINS RESERVED.
7.3. REMINDER FEES
A FLAT FEE OF 10 EUROS IS CHARGED FOR EACH REMINDER AFTER THE OCCURRENCE OF DEFAULT.
7.4. DOWN PAYMENT
THE PHOTOGRAPHER IS ENTITLED TO REQUEST A DOWN PAYMENT OF 50% OF THE TOTAL FEE UPON CONCLUSION OF THE CONTRACT. PRODUCTION WILL ONLY BEGIN AFTER RECEIPT OF THE DOWN PAYMENT.
7.5. INSTALLMENT PAYMENTS
IF THE ORDER EXTENDS OVER A PERIOD OF MORE THAN 3 MONTHS, THE PHOTOGRAPHER MAY REQUEST INSTALLMENT PAYMENTS BASED ON THE PROGRESS MADE.
7.6. OFFSET BAN
AN OFFSET OR RETENTION OF PAYMENTS BY THE CLIENT IS ONLY PERMISSIBLE 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 WILL BE MADE AVAILABLE FOR REVIEW AND SELECTION FOR A PERIOD OF ONE MONTH FROM THE DATE OF THE DELIVERY NOTE. IF A LICENSE AGREEMENT IS NOT CONCLUDED WITHIN THE SELECTION PERIOD, THE PHOTOGRAPHER’S IMAGE DATA CARRIERS MUST BE RETURNED BY THE END OF THE PERIOD, AND ALL IMAGE DATA STORED BY THE CLIENT ON THEIR OWN DATA CARRIERS MUST BE DELETED.
8.2. USAGE RIGHTS AND RELEASE DECLARATION
NO USAGE RIGHTS ARE TRANSFERRED WITH THE PROVISION OF THE IMAGES FOR REVIEW AND SELECTION. ANY USE REQUIRES PRIOR WRITTEN RELEASE FROM THE PHOTOGRAPHER.
8.3. CHARGEABLE USE AND WORKING MATERIALS
THE USE OF IMAGES AS WORKING MATERIALS FOR SKETCHES OR LAYOUT PURPOSES, AS WELL AS PRESENTATION TO CLIENTS, CONSTITUTES A CHARGEABLE USE.
8.4. PROCESSING FEE AND SHIPPING COSTS
THE PHOTOGRAPHER MAY CHARGE A PROCESSING FEE FOR ASSEMBLING THE IMAGE SELECTION, WHICH WILL DEPEND ON THE NATURE AND EXTENT OF THE EFFORT INVOLVED AND WILL BE AT LEAST €50. SHIPPING COSTS (PACKAGING, POSTAGE) INCLUDING COSTS FOR SPECIAL SHIPPING METHODS (TAXI, AIR FREIGHT, EXPRESS COURIER) MUST BE REIMBURSED BY THE CLIENT.
9. USAGE RIGHTS AND LICENSE GRANTING
9.1. TRANSFER OF USAGE RIGHTS
USAGE RIGHTS FOR THE IMAGES WILL ONLY BE TRANSFERRED TO THE CLIENT AFTER COMPLETE ACCEPTANCE, PAYMENT OF THE AGREED COMPENSATION, AND REIMBURSEMENT OF ALL ADDITIONAL COSTS.
9.2. SCOPE OF USAGE RIGHTS
THE PHOTOGRAPHER GRANTS THE CLIENT A SIMPLE, NON-TRANSFERABLE USAGE RIGHT TO THE CREATED PHOTOS UNLESS OTHERWISE AGREED IN WRITING. THE USAGE RIGHT IS GRANTED EXCLUSIVELY FOR THE AGREED PURPOSE, SCOPE, AND USAGE AREA. THE PHOTOGRAPHER RETAINS THE RIGHT TO USE THE IMAGES FOR HIS OWN ADVERTISING UNLESS EXPLICITLY OTHERWISE AGREED. OWNERSHIP RIGHTS ARE NOT TRANSFERRED.
9.3. TEMPORAL RESTRICTIONS
UNLESS EXPRESSLY OTHERWISE AGREED, THE USAGE RIGHT IS GRANTED FOR A PERIOD OF 2 YEARS FROM THE DATE OF COMPLETION OF THE PHOTOS. FURTHER USE AFTER THE EXPIRATION OF THE PERIOD REQUIRES A NEW WRITTEN AGREEMENT AND MAY INCUR ADDITIONAL COSTS.
9.4. GEOGRAPHICAL RESTRICTIONS
UNLESS OTHERWISE AGREED, THE USAGE RIGHT IS LIMITED TO THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY. USE OF THE PHOTOS OUTSIDE THIS AREA IS ONLY PERMITTED WITH PRIOR WRITTEN CONSENT FROM THE PHOTOGRAPHER.
9.5. CONTENT RESTRICTIONS
THE CLIENT MAY USE THE PHOTOS ONLY FOR THE AGREED PURPOSE. ANY USE OF THE PHOTOS FOR OTHER PURPOSES, PARTICULARLY COMMERCIAL, ADVERTISING, OR EDITORIAL PURPOSES, REQUIRES THE WRITTEN CONSENT OF THE PHOTOGRAPHER AND MAY INCUR ADDITIONAL COSTS.
9.6. MODIFICATIONS AND EDITING
USE OF THE IMAGES IS PRINCIPALLY ONLY PERMITTED IN THE EDITED VERSION. ANY CHANGES OR ALTERATIONS (E.G., MONTAGES, PHOTO TECHNICAL ALIENATION, COLORING) AND ANY CHANGES IN IMAGE DISPLAY (E.G., PUBLICATION IN EXCERPTS) REQUIRE PRIOR CONSENT FROM THE PHOTOGRAPHER. EXCLUDED FROM THIS ARE ONLY THE REMOVAL OF UNINTENDED BLUR OR COLOR WEAKNESSES BY DIGITAL RETOUCHING.
9.7. TRANSFER TO THIRD PARTIES
THE GRANTING AND TRANSFER OF THE USAGE RIGHTS ACQUIRED BY THE CLIENT TO THIRD PARTIES, INCLUDING OTHER EDITORS OF A PUBLISHER, REQUIRE THE WRITTEN CONSENT OF THE PHOTOGRAPHER.
9.8. CREDITING THE PHOTOGRAPHER UPON PUBLICATION
UNLESS OTHERWISE AGREED IN WRITING, THE PHOTOGRAPHER MUST BE NAMED AS THE AUTHOR IN EVERY IMAGE PUBLICATION. THE CREDITING MUST BE INCLUDED WITH THE IMAGE.
9.9. FURTHER LICENSING
THE CLIENT IS OBLIGED TO ENSURE THAT THIRD PARTIES USING THE PHOTOS UNDER THE GRANTED USAGE RIGHTS ALSO COMPLY WITH THESE TERMS. IN CASE OF UNAUTHORIZED USE OR TRANSFER, THE PHOTOGRAPHER MAY CLAIM A CONTRACTUAL PENALTY IN ACCORDANCE WITH SECTION 11.5.
10. DIGITAL IMAGE PROCESSING
10.1. TRANSFER AND REPRODUCTION
THE TRANSFER OF DIGITAL IMAGES VIA DATA TRANSMISSION OR ON DATA CARRIERS IS ONLY PERMITTED TO THE EXTENT THAT THE EXERCISE OF THE GRANTED USAGE RIGHTS REQUIRES THIS FORM OF 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 USAGE RIGHT. 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. LINKING THE AUTHOR'S NAME
WHEN DIGITALLY CAPTURING THE IMAGES, THE PHOTOGRAPHER'S NAME MUST BE ELECTRONICALLY LINKED TO THE IMAGE DATA. THE CLIENT MUST ALSO ENSURE THROUGH SUITABLE TECHNICAL MEASURES THAT THIS LINKAGE REMAINS IN PLACE DURING EVERY DATA TRANSMISSION, TRANSFER OF IMAGE DATA TO OTHER DATA CARRIERS, DISPLAY ON A SCREEN, AND PUBLIC PRESENTATION, AND THAT THE PHOTOGRAPHER CAN ALWAYS BE IDENTIFIED AS THE AUTHOR OF THE IMAGES.
11. LIABILITY AND DAMAGES
11.1. LIABILITY FOR DAMAGES
THE PHOTOGRAPHER IS ONLY LIABLE FOR DAMAGES CAUSED BY HIMSELF OR HIS AGENTS INTENTIONALLY OR NEGLIGENTLY. EXCLUDED FROM THIS ARE DAMAGES ARISING FROM THE VIOLATION OF A CONTRACTUAL OBLIGATION ESSENTIAL TO THE ACHIEVEMENT OF THE CONTRACT PURPOSE (CARDINAL OBLIGATION), AS WELL AS DAMAGES ARISING FROM INJURY TO LIFE, BODY, OR HEALTH, FOR WHICH THE PHOTOGRAPHER IS ALSO LIABLE IN CASE OF SLIGHT NEGLIGENCE.
11.2. LIABILITY FOR FAILURE OR LOSS OF IMAGE MATERIAL
THE PHOTOGRAPHER IS NOT LIABLE FOR DAMAGES OR LOSSES ARISING FROM THE FAILURE, DAMAGE, OR LOSS OF IMAGE MATERIAL UNLESS SUCH DAMAGES OR LOSSES ARE ATTRIBUTABLE TO GROSS NEGLIGENCE OR INTENT OF THE PHOTOGRAPHER. THE CLIENT IS OBLIGED TO TAKE SUITABLE MEASURES TO SECURE AND STORE THE IMAGE MATERIAL. IN THE EVENT OF FAILURE OR LOSS OF IMAGE MATERIAL NOT ATTRIBUTABLE TO GROSS NEGLIGENCE OR INTENT OF THE PHOTOGRAPHER, THE PHOTOGRAPHER WILL MAKE ALL REASONABLE EFFORTS TO RESTORE THE IMAGE MATERIAL OR PROVIDE REPLACEMENT. LIABILITY OF THE PHOTOGRAPHER FOR LOST 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 NATURE OF THE USE OF HIS IMAGES. IN PARTICULAR, HE IS NOT LIABLE FOR THE COMPLIANCE WITH COMPETITION AND TRADEMARK LAWS OF THE USE.
11.4. STATUTE OF LIMITATIONS
CLAIMS BY THE CLIENT ARISING FROM A BREACH OF DUTY BY THE PHOTOGRAPHER OR HIS AGENTS ARE SUBJECT TO A ONE-YEAR STATUTE OF LIMITATIONS FROM THE LEGAL COMMENCEMENT OF THE LIMITATION PERIOD. EXCLUDED FROM THIS ARE CLAIMS FOR DAMAGES BASED ON INTENTIONAL OR GROSSLY NEGLIGENT BREACHES OF DUTY BY THE PHOTOGRAPHER OR HIS AGENTS, AND CLAIMS FOR DAMAGES DUE TO INJURY TO LIFE, BODY, OR HEALTH, EVEN IF BASED ON SLIGHT NEGLIGENCE OF THE PHOTOGRAPHER OR HIS AGENTS; THE LEGAL STATUTORY LIMITATION PERIODS APPLY TO THESE CLAIMS FOR DAMAGES.
11.5. LIABILITY AND BILLING FOR IMAGE TRANSMISSION
THE SENDING AND RETURN OF IMAGES IS AT THE CLIENT'S RISK AND EXPENSE.
11.6. CONTRACTUAL PENALTY FOR UNAUTHORIZED USE
IN THE CASE OF UNAUTHORIZED USE, MODIFICATION, RESTRUCTURING, OR TRANSFER OF AN IMAGE, THE PHOTOGRAPHER IS ENTITLED TO CLAIM A CONTRACTUAL PENALTY EQUAL TO FIVE TIMES THE AGREED OR, IN THE ABSENCE OF AN AGREEMENT, FIVE TIMES THE USUAL USAGE FEE, BUT AT LEAST 750 € PER IMAGE AND CASE. THE ASSERTION OF ANY FURTHER CLAIM FOR DAMAGES REMAINS UNTOUCHED.
11.7. SURCHARGE FOR MISSING CREDIT
IF THE PHOTOGRAPHER'S CREDIT (SECTION 9.8) IS OMITTED IN A PUBLICATION OF AN IMAGE (UNLESS OTHERWISE AGREED IN WRITING) OR IF THE PHOTOGRAPHER'S NAME IS NOT PERMANENTLY ATTACHED TO THE DIGITAL IMAGE (SECTION 10.3), THE CLIENT SHALL PAY A SURCHARGE EQUAL TO 100% OF THE AGREED OR, IN THE ABSENCE OF AN AGREEMENT, THE USUAL USAGE FEE, BUT AT LEAST 300 € PER IMAGE AND CASE. THE PHOTOGRAPHER ALSO RESERVES THE RIGHT TO ASSERT ANY FURTHER CLAIM FOR DAMAGES IN THIS REGARD.
12. VALUE ADDED TAX, ARTIST SOCIAL CONTRIBUTION
12.1. VALUE ADDED TAX AND ARTIST SOCIAL CONTRIBUTION SHALL BE ADDED TO THE FEES, CHARGES, AND COSTS TO BE PAID BY THE CLIENT, WHICH MAY BE INCURRED BY THE PHOTOGRAPHER FOR THIRD-PARTY SERVICES, IN THE APPLICABLE LEGAL AMOUNT.
CANCELLATION FEE / BAD WEATHER DAY
13.1. AFTER WRITTEN COMMISSIONING, CANCELLATION IS FREE OF CHARGE UP TO 60 DAYS BEFORE PRODUCTION. THEREAFTER, 50% OF THE FEE AND 100% OF THE ADDITIONAL COSTS ARE DUE. FOR CANCELLATION UP TO 7 DAYS BEFORE PRODUCTION, 80% OF THE FEE IS DUE. FROM 48 HOURS BEFORE THE START OF PRODUCTION, 100% OF THE ORDER VALUE IS DUE. CANCELLATIONS MUST BE MADE IN WRITING. THE SAME APPLIES TO SO-CALLED WEATHER SHOOTINGS THAT CANNOT TAKE PLACE DUE TO BAD WEATHER CONDITIONS.
14. LEGAL STATUS AND JURISDICTION
14.1. THE LAW OF THE FEDERAL REPUBLIC OF GERMANY SHALL APPLY. IN THE EVENT THAT THE CLIENT HAS NO GENERAL JURISDICTION IN THE FEDERAL REPUBLIC OF GERMANY OR MOVES THEIR SEAT OR USUAL PLACE OF RESIDENCE ABROAD AFTER THE CONTRACT IS CONCLUDED, THE PHOTOGRAPHER'S PLACE OF RESIDENCE SHALL BE AGREED UPON AS THE JURISDICTION.
15. DATA PROTECTION AND GDPR
15.1. COMPLIANCE WITH DATA PROTECTION REGULATIONS
THE PHOTOGRAPHER UNDERTAKES TO COMPLY WITH THE PROVISIONS OF THE GENERAL DATA PROTECTION REGULATION (GDPR) AND THE FEDERAL DATA PROTECTION ACT (BDSG). PERSONAL DATA, PARTICULARLY IMAGE MATERIALS COLLECTED, PROCESSED, AND USED IN THE COURSE OF CONTRACT EXECUTION, SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF CONTRACT PERFORMANCE. DISCLOSURE OF THESE DATA TO THIRD PARTIES OCCURS ONLY IF NECESSARY FOR CONTRACT PERFORMANCE OR IF THE CLIENT HAS EXPRESSLY CONSENTED.
15.2. CLIENT CONSENT AND RIGHTS
THE CLIENT CONSENTS TO THE PHOTOGRAPHER STORING AND PROCESSING THE PHOTOGRAPHS AND PERSONAL DATA (E.G., NAME, CONTACT DETAILS) CREATED IN THE COURSE OF THE COMMISSION. THE CLIENT HAS THE RIGHT TO REQUEST INFORMATION ABOUT THE STORED DATA AT ANY TIME, TO HAVE THEM CORRECTED, DELETED, OR TO RESTRICT THEIR PROCESSING, AS WELL AS TO OBJECT TO THE PROCESSING.
15.3. DELETION OF PERSONAL DATA
THE PHOTOGRAPHER POINTS OUT THAT DELETION OF PERSONAL DATA WILL OCCUR AFTER THE CONCLUSION OF THE CONTRACTUAL RELATIONSHIP, PROVIDED THERE ARE NO LEGAL RETENTION OBLIGATIONS. PHOTOGRAPHS CONTAINING PERSONAL DATA WILL BE DELETED AT THE LATEST AFTER THE EXPIRATION OF LEGAL RETENTION PERIODS OR AT THE EXPRESS REQUEST OF THE CLIENT, PROVIDED THAT THEIR RETENTION IS NOT NECESSARY FOR LEGAL REASONS.
15.4. WITHDRAWAL OF CONSENT
THE CLIENT HAS THE RIGHT TO WITHDRAW ANY CONSENT GIVEN FOR THE PROCESSING OF PERSONAL DATA AT ANY TIME. SUCH WITHDRAWAL SHALL NOT BE RETROACTIVE AND SHALL NOT AFFECT THE LEGALITY OF THE PROCESSING CARRIED OUT PRIOR TO THE WITHDRAWAL.
15.5. NOTE ON DATA PROTECTION STATEMENT
FURTHER INFORMATION ON DATA PROCESSING AND THE CLIENT'S RIGHTS CAN BE FOUND IN THE PHOTOGRAPHER'S DATA PROTECTION STATEMENT, WHICH IS AVAILABLE ON THE PHOTOGRAPHER'S WEBSITE OR WILL BE PROVIDED TO THE CLIENT UPON REQUEST.
© 2024, Max Hartmann
All images and texts are copyrighted and owned by Max Hartmann or their respective owners. Max Hartmann is not responsible for the content of any linked external website.
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© 2024, Max Hartmann
All images and texts are copyrighted and owned by Max Hartmann or their respective owners. Max Hartmann is not responsible for the content of any linked external website.
impressum | allgemeine geschäftsbedinungen | datenschutzerklärung | kundenlogin
↑
back to the top