Terms of Service
I. General
The following terms and conditions apply to all orders placed with the photographer. They are deemed to have been agreed if not contradicted immediately
will."Photographs" in the sense of these terms and conditions are all products manufactured by the photographer, regardless of their technical form or medium
have been created or are available. (Negatives, slide positives, paper images, still videos, electronic still images in digitized form, videos, etc.)
II. Copyright
The photographer is entitled to the copyright on the photographs in accordance with the copyright law.
The photographs produced by the photographer are generally only intended for the customer's own use.
If the photographer transfers rights of use to his works, only the simple right of use is transferred, unless expressly agreed otherwise. A transfer of usage rights requires the special agreement.
The rights of use are only transferred to the photographer after the fee has been paid in full.
The customer of a picture within the meaning of § 60 UrhG has no right to reproduce and distribute the picture if the corresponding rights of use have not been transferred. § 60 UrhG is expressly excluded.
Unless otherwise agreed, the photographer can request to be named as the author of the photo when using the photos. A violation of the right to be named entitles the photographer to compensation.
The negatives remain with the photographer. The negatives will only be released to the client if a separate agreement has been made.
III. Remuneration, retention of title
For the production of the photographs, a fee is charged as an hourly rate, daily rate or an agreed flat rate plus the statutory value added tax; Additional costs (travel costs, model fees, expenses, props, laboratory and material costs, studio rent, etc.) are to be borne by the client. The photographer shows the final prices including VAT to end consumers.
Invoices that are due must be paid within 14 days without any deductions. The client is in default if he does not pay due invoices no later than 30 (in words: thirty) days after receipt of an invoice or an equivalent request for payment. The photographer reserves the right to bring about the delay by issuing a reminder after the due date at an earlier point in time.
The delivered photographs remain the property of the photographer until the purchase price has been paid in full.
If the client has not given the photographer any express instructions regarding the design of the photographs, complaints regarding the image interpretation as well as the artistic-technical design are excluded. If the client wishes changes during or after the recording production, he has to bear the additional costs. The photographer retains the right to remuneration for work that has already started.
IV. Liability
The photographer is only liable for himself and his vicarious agents for breach of obligations that are not directly related to essential contractual obligations in the event of willful intent and gross negligence. He is also liable for damage resulting from injury to life, limb or health as well as from the breach of essential contractual obligations that he or his vicarious agents have caused through culpable breaches of duty. Unless otherwise agreed, the photographer is only liable for damage to objects, templates, films, displays, layouts, negatives or data in the event of willful intent and gross negligence.
The photographer keeps the negatives carefully. He is entitled, but not obliged, to destroy the negatives he has kept after three years since the end of the contract. Before the destruction, he notifies the client and offers him the negatives for sale.
The photographer is only liable for light resistance and durability of the photos within the framework of the guarantee of the manufacturer of the photo material.
The sending and return of films, pictures and templates is at the expense and risk of the client. The client can determine how and by whom the return is made.
V. Secondary obligations
The client assures that he has the right of reproduction and distribution for all templates given to the photographer and, in the case of portraits of persons, the consent of the persons depicted for publication, reproduction and distribution. Claims for compensation by third parties based on the breach of this obligation are borne by the client.
The client undertakes to make the objects available in good time and to pick them up again immediately after they have been taken. If the client does not collect the objects to be photographed after 2 working days at the latest, the photographer is entitled to charge storage costs or, if his studio space is blocked, to outsource the objects at the client's expense. Transport and storage costs are borne by the client.
VI. Disruption of performance, cancellation fee
If the photographer gives the client several photos to choose from, the client must return the unselected photos within one week of receipt - unless a longer period of time has been agreed - at his own expense and risk. The photographer can demand payment for lost or damaged photographs, provided he is not responsible for the loss or damage.
If the photographer provides the client with images from his archive, the client must return the unselected images within one month of receipt by the client and the selected ones within one month of use. If the client is in default with the return, the photographer can charge a blocking fee of 1 (in words: one) euro per day and image, unless the client can prove that the damage did not occur or that it is lower than the flat-rate damage fee. In the event of loss or damage that prevents further use of the images, the photographer can demand compensation. The compensation amounts to at least 1000 (in words: one thousand) euros for each original and 200 (in words: two hundred) euros for each duplicate, unless the client can prove that the damage did not occur or that it is lower than the flat rate damage fee. The photographer reserves the right to claim higher damages.
If the time allotted for the execution of the order is significantly exceeded for reasons for which the photographer is not responsible, the photographer's fee increases accordingly, provided 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 time, unless the client can prove that the photographer has not suffered any damage. In the event of intent or negligence on the part of the client, the photographer can also assert claims for damages.
Delivery dates for photographs are only binding if they have been expressly confirmed by the photographer. The photographer is only liable for exceeding the deadline in the event of willful intent and gross negligence.
VII. Data protection
Personal data of the client required for business transactions can be saved. The photographer agrees to all of him
to treat information that has become known in the course of the order confidentially.
VIII. Digital photography
The digitization, storage and reproduction of the photographs of the photographer on data carriers of all kinds requires the prior written consent of the photographer.
The transfer of usage rights does not include the right to save and reproduce if this right has not been expressly transferred.