General terms and conditions
1) General:
The production of images (regardless of the technical form or medium in which they were created or are available) is based exclusively on the following General Terms and Conditions (GTC).
These terms and conditions shall apply to all offers, services, orders and deliveries carried out by the Photographer. They are deemed to be agreed if they are not objected immediately and in writing.
2) Commissioned productions:
The Client assures that in the case of portraits of persons and photographs of objects he/she has the consent of the persons depicted and the consent of the rights holders for publication, duplication and distribution. The clarification of rights, in particular personality, trademark and design rights, is the responsibility of the Client. The Photographer assumes no liability for the violation of rights of depicted persons, objects or marks.
Personal data of the Client required for business transactions may be stored. The Photographer undertakes to treat as confidential all information of which he/she becomes aware in the course of the order. The data will not be passed on to third parties. The Photographer reserves the right to evaluate and pre-select the entire number of photos taken during the photo shoot.
Cost estimates are not binding. The actual cost at the end of a production may differ slightly with the estimate. However, if an overrun of the originally estimated total costs by more than 15% is to be expected, the Photographer must indicate the cost increases.
If the scheduled production time is significantly exceeded for reasons for which the Photographer is not responsible, an agreed flat fee shall be increased accordingly. If a time fee has been agreed, the Photographer shall also receive the agreed hourly or daily rate for the additional time.
The Photographer is entitled to use any auxiliary persons (assistants, make-up artists, etc.) of his/her choice to fulfil the order. The Photographer is authorised to enter into the corresponding obligations on behalf and for the account of the Client.
3) Rights of use/copyright:
The Client acquires the rights of use only after full payment of the fee and reimbursement of all ancillary costs to the Photographer.
The Photographer is entitled to the copyright of the images in accordance with the copyright law. The client acknowledges that the photographic material provided by the photographer constitutes copyrighted works within the meaning of § 2 Abs. 1 Ziff. 5 of the Copyright Act.
If the Photographer transfers rights of use to his works, only the simple right of use is transferred in each case - unless expressly agreed otherwise. Any further use, exploitation, reproduction, distribution or publication requires the prior express consent of the Photographer.
Any transfer of rights of use to third parties requires the written consent of the Photographer. This may result in additional charges. This also applies to the transfer of images to book, newspaper and magazine publishers.
The Photographer is entitled to an unrestricted, temporally and locally unlimited use, storage and exploitation of the images (self-promotion).
Alterations to the photographic material through photo composing, montage, or the use of electronic tools to create a new copyrighted work are only permitted with the prior written consent of the photographer. Additionally, the photographic material may not be traced, reproduced by imitation, or used in any other way as a motif without permission.
The naming of the Photographer when publishing the images is required ("Photo: Concept Photography Berlin").
4) Liability and damages:
The photographer shall only be liable for damages for himself and his assistants in the event of intent and severe negligence. This does not apply to damages resulting from the breach of a contractual obligation that is essential for the achievement of the purpose of the contract, as well as damages resulting from injury to life, body or health, for which the photographer is also liable in the event of slight negligence.
If it is not possible for the Photographer to execute the order due to force majeure (e.g. accident, illness), the Client waives any claims for damages. Unless the date can be rescheduled, the Photographer will make every effort to provide a replacement photographer.
From the delivery of the images the Client is responsible for their use. The Photographer is not undertaken to replace the images, in case for example of lost.
From the moment of delivery of the photographic material, the customer is responsible for its proper use. If the images are lost, for instance, the Photographer is not obliged to replace the images.
The Photographer shall keep the negatives or digital data carefully. He is entitled, but not obliged, to destroy images he has kept one year after the production has ended.
5) Remuneration:
A fee will be charged for the assignment/order as an hourly rate, daily rate or agreed flat rate plus VAT (19%). Incidental expenses (photo material rental, props, travel expenses, model fees, etc.) are also to be borne by the Client (upon presentation of appropriate receipts).
If no fee has been agreed upon, it is determined by the current image fee overview of the Mittelstandsgemeinschaft Foto-Marketing (MFM).
The fee shall be paid in full even if the photographic material commissioned and supplied is not published or not used.
The invoices are to be paid within 30 days without deduction. The client is in default if they do not settle due invoices no later than 40 (in words: forty) days after receiving an invoice or an equivalent payment request. The photographer reserves the right to declare default by issuing a reminder sent after the due date at an earlier time.
In case of cancellation of the order by the Client, the Photographer is entitled to a cancellation fee. This is calculated as follows:
- Cancellation of the photo shoot 4 to 6 days before the booked date: 10% of the agreed total amount.
- Cancellation of the photo shoot 2 to 3 days before the booked date: 15% of the agreed total amount.
- Cancellation of the photo shoot 1 day before the booked date: 20% of the agreed total amount.
Costs for additional orders such as studio space, make-up artists, etc. will be charged additionally, regardless of the Photographer's cancellation fee.
6) Statute and place of jurisdiction:
The law of the Federal Republic of Germany shall apply.
In the event that the Client does not have a general place of jurisdiction in the Federal Republic of Germany or relocates his habitual residence abroad after conclusion of the contract, the Photographer's place of residence shall be agreed as the place of jurisdiction.
Ancillary agreements to these GTC do not result in the invalidity or ineffectiveness of the entire terms and conditions and must be in writing and signed by both parties in order to be effective.