Our terms and conditions
•1 General 1. The following General Terms and Conditions apply to all orders placed with the photographer. They shall be deemed to have been agreed if they are not immediately contradicted. 2. “photographs” in the form of these General Terms and Conditions are all products manufactured by the photographer, in whatever technical form or medium they were or are present. (negatives, slides, paper images, still videos, electronic standing images in digitized form, videos, etc.)
Section 2 Copyright
1. The photographer is entitled to the copyright in the photographs in accordance with the Copyright Act. 2. The photographs produced by the photographer are intended in principle only for the client’s own use. The transfer of rights of use requires a separate agreement and remuneration. 3. If the photographer transfers rights of use to his works, unless expressly agreed otherwise, only the simple right of use is transferred. A transfer of rights of use to third parties requires a special agreement. 4. The rights of use shall only pass to the photographer after full payment of the fee. 5. The purchaser of an effigies in accordance with Section 60 UrhG has no right to reproduce and distribute the photograph if the corresponding rights of use have not been transferred. Section 60 copyright law is expressly waived. 6. When the photographs are used, the photographer may, unless otherwise agreed, request to be named as the author of the photograph. Violation of the right to be named entitles the photographer to compensation. The negatives remain with the photographer. The negatives will only be issued to the client in accordance with a separate agreement.
Section 3 Remuneration, retention of title
1. For the production of the photographs, a fee shall be charged as an hourly rate, daily rate or agreed lump sum plus the statutory value added tax; Additional costs (travel costs, model fees, expenses, props, laboratory and material costs, studio rentals, etc.) are to be borne by the client. 2. Invoices are payable within 14 days without deduction. 3. Until full payment of the purchase price, the images supplied remain the property of the photographer. 4. If the client has not given the photographer any explicit instructions regarding the design of the photographs, complaints regarding the image view as well as the artistic-technical design are excluded. If the client wishes to make changes during or after the recording production, he shall bear the additional costs. The photographer retains the right to remuneration for work that has already been started.
Section 4 Liability
1. The photographer undertakes to carry out the order with the greatest possible care, in particular to treat the recording objects, templates, films, displays, layouts that are given to him carefully. He is only liable for damages incurred in the event of intent or gross negligence. 2. The photographer undertakes to store negatives carefully. Unless otherwise agreed, he is entitled to destroy foreign and own negatives after 2 years. He is only liable for damage and destruction of the negatives in the event of intent and gross negligence. 3. The photographer undertakes to carefully select and guide his vicarious agents. In addition, he is only liable for his vicarious agents in the event of intent and gross negligence. 4. The photographer is only liable for the light resistance and durability of the photographs within the scope of the warranty services provided by the manufacturer of the photo material. He is not liable for damages caused by improper treatment of the photographs by the customer. The photographer is only liable for his own fault in the event of intent and gross negligence. 5. The photographer is entitled to commission third-party laboratories. He is only liable for his own fault and only for intentional or grossly negligent behaviour. If damage has been caused by the third-party laboratory, he assigns his claims for damages against the third-party laboratory to the customer. 6. Retouching and laminating work are carried out exclusively at the risk of the client, unless expressly agreed otherwise. The photographer is liable for his own fault in the event of intent and gross negligence. 7. The sending of films, photographs and templates takes place at the expense and risk of the client, unless otherwise agreed. 8. Complaints of obvious defects must be made within 2 weeks of receipt of the photographs – the written notice from the photographer. The time limit shall be deemed to be received by the photographer. Customers are liable for any damage they cause to the studio’s equipment. Parents are liable for your children. The studio is not liable for damages or injuries caused by persons during the shooting due to their own carelessness.
Section 5 Ancillary Obligations
1. The client assures that he has the right of reproduction and distribution on all documents handed over to the photographer as well as for personal portraits the consent of the persons depicted for publication, reproduction and distribution. Compensation claims of third parties based on the violation of this obligation shall be borne by the client. 2. The client undertakes to make the receiving objects available in good time and to pick them up immediately after the recording. If the client does not collect the recording objects after two working days at the latest, the photographer is entitled to charge storage costs if necessary or to outsource the items at the expense of the client if his studio rooms are blocked. Transport and storage costs shall be borne by the client. 3. The photographer undertakes to treat the recording objects carefully, he is liable for intent and gross negligence.
6 Performance disruptions, default fees
1. If the photographer leaves several photographs to the client for selection, the client must return the unselected photographs within one week of receipt, unless a longer period has been agreed, at his own expense and risk. The photographer may demand payment for lost or damaged photographs, if he is not responsible for the loss or damage. 2. If the photographer provides the client with photographs from his archive that have not been made for the client, the client shall have the photographs used within one month of receipt by the client, unless a longer period has been agreed, Return. If the client does not return these photographs despite two requests, the photographer can charge a blocking fee of 1,- € per day and photo. In the event of loss or damage to the photographs, the photographer may claim damages if he is not responsible for the loss or damage. 3. If the time allocated for the execution of the order is substantially exceeded for reasons for which the photographer is not responsible, the photographer’s fee shall be increased accordingly, provided that a flat rate has been agreed. If a time fee has been agreed, the photographer will also receive the agreed hourly or daily rate for the waiting period, unless the client proves that no damage has been caused to the photographer. In the event of intent or negligence on the part of the client, the photographer may also assert claims for damages. 4. Delivery dates for photographs are only binding if they have been expressly confirmed by the photographer. The photographer is only liable for exceeding deadlines in the event of intent and gross negligence.
Section 7 Data Protection
Personal data of the client required for business transactions may be stored. The photographer undertakes to treat all information made known to him in the context of the order confidentially.
Section 8 Final Provisions
1. The place of performance for all contracting parties for all obligations arising from the contractual relationship is the registered office of the photographer. 2. If both parties are full merchants, legal entities under public law or a special fund under public law, the registered office of the photographer shall be the place of jurisdiction. As of: April 27, 2011