General terms and conditions
The following terms and conditions shall apply to all present and future contracts with the customer, in particular also to future orders transmitted orally or electronically, as well as to any photographic material provided in any technical form. These are always photographic works within the meaning of the German Copyright Act (UrhR) and related rights, the provisions of which are fundamentally valid. The photographer hereby expressly objects to any deviating terms and conditions of the customer. Agreements to the contrary must be made in writing.
Files, originals, objects etc. handed over to the photographer for photographic processing shall be treated with care. In the event of damage, incorrect processing and loss, liability shall only exist in the event of gross negligence and intent to the amount of the current value, but no more than twice the fee pursuant to Section 5 of these General Terms and Conditions. Objects handed over shall be insured by the customer against damage, loss, theft, etc., if necessary.
The photographer shall only be liable for the light resistance and durability of prints, exposures, etc. within the scope of the guarantee provided by the manufacturer of the material. He shall not be liable for damage caused by improper handling of the images.
If no express agreements have been made or the photographer has been given the freedom to design, complaints regarding the image composition, the choice of props or décor, the shooting location, the lighting conditions and the optical-technical means used are excluded. Requests for changes made by the customer or an agent during the production of the photograph shall be borne by the customer or agent and shall be charged according to the additional costs incurred.
The customer shall bear the risk for any agreed delivery dates under all circumstances for which the photographer is not responsible: force majeure, unsuitable weather conditions for outdoor shoots, timely provision of objects and props (insofar as this is the customer's responsibility), non-appearance of announced authorised representatives, etc.
A fee (hourly rate, daily rate, unit price, flat rate) shall be agreed for the photographer's work. All material and other incidental costs (props and their procurement, rental of special equipment, travel costs, expenses, etc.) shall be invoiced additionally, if applicable. Otherwise, the photographer's price lists shall apply. All fees are subject to value added tax at the statutory rate.
If an order is not executed on the scheduled date for reasons for which the photographer is not responsible, a cancellation fee of 50% of the net fee plus incidental expenses may be charged.
The copyright of all photographic images shall remain with the photographer. The customer shall only be entitled to exploitation rights within the framework of the agreements made. Any processing of the images may only be carried out with the consent of the photographer.
Rights of use
When a selection of photographic images is handed over, the rights for simple use shall only be transferred to the images finally selected and paid for. The rights to the remaining photographs, as well as the photographs handed over for simple use, remain the property of the photographer. Third party rights must be obtained separately. Unless otherwise agreed, the photographer may use the photographs in the context of his own advertising (e.g. website, Facebook, etc.). Raw data remain with the photographer.
Purpose of use
Unless otherwise agreed in writing, the customer shall only acquire permission for one-time reproduction for his own purposes for non-saleable printed products (brochures, catalogues, etc.) or for advertisements and publications similar to advertisements. Any other use or reproduction in printed matter for sale, on the Internet, etc. shall require the prior written consent and corresponding remuneration of the photographer.
The storage of photographs or files by the photographer is without guarantee and may be charged by agreement.
The dispatch of printouts etc. shall be carried out at the expense and risk of the customer exclusively by appropriately insured means.
Complaints of any kind whatsoever may only be made by the customer within five working days of receipt of the photographs. After expiry of this period, the photographs shall be deemed to have been accepted in accordance with the order.
Unless otherwise agreed, payment shall be made upon delivery or completion of the order after invoice within two weeks without deduction (discount). Any costs incurred in this connection shall be borne by the client. The customer shall be in default if he fails to settle due invoices within 30 days of receipt of an invoice or equivalent request for payment. The Photographer reserves the right to bring about the default at an earlier point in time by issuing a reminder which is received after the due date. Only undisputed or legally established claims shall entitle the customer to set-off or retention.
Reservation of ownership
Delivery shall be made subject to retention of title until the purchase price has been paid in full. The photographer shall have a right of retention to material handed over by the customer or other objects belonging to him until fees, expenses, damages etc. have been covered.
Duty of disclosure
All uses, editions and issues shall be notified in advance, on the internet with the exact address. If the user violates his duty of notification or other provisions of the UrhG, he shall pay compensation of at least twice the usual publication fee for each case of violation. Further claims shall remain unaffected.
The name and place of business of the photographer must be stated on the image for each reproduction (Section 13 UrhG). Failure to do so shall increase the fee by 100 % without proof of damage, and by the amount of damage if proof is provided.
If no other agreements have been made, the publication fees listed in the recommendations of the Mittelstandsgemeinschaft Foto-Marketing (MFM) shall apply to all uses.
At least two complete specimen copies of each printed matter of each edition and issue are to be sent to the photographer on completion without being requested and free of charge. If this does not happen, the photographer may charge the user for these at the retail price plus further procurement costs.
Place of jurisdiction
The place of performance and jurisdiction for all mutual claims is the photographer's place of business, unless otherwise stipulated by law. German law shall also be deemed agreed for deliveries abroad.
Effectiveness and partial nullity
Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. The invalid clause shall be replaced by the one that comes closest to the original intention and is permissible.