Area of application
1) These general terms and conditions are applicable for all orders, quotes, deliveries and services provided by the photographer and/or his/her agent. They are applicable for each stage of creative development and in particular for digitally produced photographs.
2) They are considered as agreed to by the customer’s acceptance of the photographer’s quote and/or by the customer’s acceptance of the photographer’s delivery or service.
3) Within the context of an ongoing business relationship, the general terms and conditions are applicable, even without explicit approval, to all future orders, quotes, deliveries or services of the photographer.
Services rendered by the photographer, customer’s rights and duties
4) Without other agreement between the parties, the creative presentation of the photographic works is at the discretion of the photographer.
5) The photographer is responsible for supplying cameras and other equipment
necessary for carrying out the order.
6) To carry out the photographic works, the photographer and/or his/her agent may appoint auxiliary staff of his/her choice.
7) The customer acknowledges that the photographic images supplied by the photographer constitute copyright material.
8) Design suggestions or concepts ordered by the customer are independent services which must be remunerated separately.
9) Analogically and digitally produced photographs, in particular RAW ﬁles remain the property of the photographer. The customer has no right of retetion of supplied photographic images.
10) The customer shall treat photographic images made available to him/her with utmost care.
11) Complaints concerning the content, quality, or condition of the photographic images are to be communicated by notice of defects within 8 days of receipt. Otherwise, the photographic images are considered approved.
12) The customer is responsible for ensuring that persons, objects and locations necessary for carrying out the order are available and/or accessible.
13) The customer will be held liable for costs incurred and third party costs if the customer does not fulﬁl the obligations (as stated in point 12) or postpones a photo shoot less than two workdays prior to the appointment. In addition, the photographer has the right to claim compensation of 50% of the fee agreed on for the photo shoot.
14) It is not the responsibility of the photographer to obtain the approval (model release) of persons to be photographed nor of legitimate persons on location (location release) concerning the planned usage of the photographic images if the customer has designated the persons or locations that are to be photographed.
15) The photographer may name the customer as a reference in written or electronic (internet) form.
16) With delivery and payment of the works, the customer acquires a license for use of the photographic works within the agreed scope. Not included herein is a sub-licensing to third parties by the customer.
17) For illegal use, the customer is obligated to pay the photographer a license of use amounting to 150% of the photograph fee.
18) The photographer can use the photographic images for his/her own advertising and, except as otherwise agreed, license them to third parties.
19) Exclusive rights and retention periods in the customer’s favour must be agreed on and remunerated separately.
20) Modiﬁcations to the photographic images by analogue or digital composing and/or montage for the production of a new copyright product are only authorized with the photographer’s prior written consent.
21) The photographic images may not be copied or photographed as a replicate or used as a motif in a picture.
22) If the work is used, the customer shall, as far as customary, ensure appropriate names are given.
23) If the photographic images are used by the photographer for his/her own purposes or for licensing to third parties, the photographer guarantees that the depiction of persons, objects or locations does not infringe any rights of third parties.
24) The photographer is only liable for intentional and/or grossly negligent behaviour. This also applies to liability for defects.
25) The limitation of liability (according to point 24) also applies to the behaviour of employees and auxiliary staff of the photographer.
26) In case of dispute, the customer bears the court costs and assumes claims for damages against the photographer by third parties who (in accordance with point 14) have authorized the customer to use the photographic images.
27) The photographic images may not be used in a distorting manner. The customer also bears the responsibility for the correct labelling of the photographic images.
28) The remuneration agreed on between the parties, plus VAT is owed and payable within 30 days of billing.
29) For comprehensive productions, in particular with large advance payments on the part of the photographer, the photographer has the right to a down-payment of at least one third of the production costs.
30) Costs and expenses for the execution of the job, such as for example remuneration for auxiliary staffs and models as well as rental fees for equipment, rental costs for studios, photo shoot locations, props, travel expenses, allowances, etc. are not included in the remuneration and will be charged to the customer.
31) For digital productions, the image editing (RAW conversions, colour and tonal value adjustments, selection of images, retouching, etc,) will be invoiced separately.
32) For digital productions, a ﬂat-rate camera fee is payable. This is not identical to the costs for image processing and is calculated according to the size and scope of the equipment used.
33) The remuneration (according to point 28) must be paid in full even if the ordered and delivered photographic images are not used.
34) For delivery of photographic images from the photographer’s archive, an archive utilization fee is due in addition to the license fee.
Place of jurisdiction and applicable law
35) The sole place of jurisdiction and place of performance is the photographer’s place of residence and/or place of business, even for deliveries abroad.