New General Terms and Conditions / Terms and Conditions of the photographer

(Federal Gazette No. 88 of 15 May 2002 – page 10,436)

I. General

1. The following terms and conditions apply to all orders placed with the photographer. They are considered agreed upon unless objected to immediately.

2. "Photographs" within the meaning of these Terms and Conditions are all products created by the photographer, regardless of the technical form or medium in which they were created or exist (negatives, slides, prints, still videos, electronic still images in digital form, videos, etc.).

II. Copyright

1. The photographer is entitled to the copyright of the photographs in accordance with the Copyright Act.

2. The photographs produced by the photographer are generally intended only for the client's own use.

3. If the photographer transfers rights of use to his works, then – unless expressly agreed otherwise – only a simple right of use is transferred in each case. The transfer of rights of use to third parties requires a separate agreement.

4. The usage rights are only transferred after full payment of the photographer's fee.

5. The purchaser of a photograph within the meaning of Section 60 of the German Copyright Act (UrhG) has no right to reproduce and distribute the photograph unless the corresponding rights of use have been transferred. Section 60 of the German Copyright Act (UrhG) is expressly excluded.

6. When the photographs are used, the photographer, unless otherwise agreed, has the right to be credited as the author of the photograph. Violation of the right to attribution entitles the photographer to damages.

7. The negatives remain with the photographer. They will only be released to the client by separate agreement.

III. Remuneration, Retention of Title

1. A fee for the production of the photographs will be charged as an hourly rate, daily rate, or agreed flat fee, plus statutory VAT; incidental costs (travel expenses, model fees, expenses, props, lab and material costs, studio rentals, etc.) are to be borne by the client. The photographer will quote final prices inclusive of VAT to end consumers.

2. Invoices are due within 14 days without deduction. The client will be in default if they fail to pay invoices within 30 (thirty) days of receipt of an invoice or equivalent payment request. The photographer reserves the right to initiate default proceedings earlier by issuing a reminder after the due date.

3. The delivered photographs remain the property of the seller until the purchase price has been paid in full.

Property of the photographer.

4. If the client has not given the photographer explicit instructions regarding the composition of the photographs, complaints concerning the image concept and the artistic and technical aspects are excluded. If the client requests changes during or after the photo shoot, they shall bear the additional costs. The photographer retains the right to payment for work already begun.

IV. Liability

1. For breaches of obligations not directly related to essential contractual obligations, the photographer and his agents are liable only in cases of intent or gross negligence. He is further liable for damages resulting from injury to life, body, or health, as well as from breaches of essential contractual obligations caused by his or his agents' culpable negligence. Unless otherwise agreed, the photographer is liable for damage to photographic subjects, templates, films, displays, layouts, negatives, or data only in cases of intent or gross negligence.

2. The photographer will store the negatives/image data carefully. He is entitled, but not obligated, to destroy negatives/image data stored by him three years after completion of the commission. Before destruction, he will notify the client and offer him the negatives/image data for purchase.

3. The photographer is liable for the lightfastness and durability of the photographs only within the scope of the warranties provided by the manufacturers of the photographic materials.

4. The sending and return of films, images, and templates is at the client's expense and risk. The client may specify how and by whom the return shipment is to be made.

V. Ancillary duties

1. The client warrants that they possess the reproduction and distribution rights to all materials provided to the photographer, and, in the case of portraits, that they have obtained the consent of the individuals depicted for publication, reproduction, and distribution. The client shall be liable for any third-party claims arising from a breach of this warranty.

2. The client agrees to provide the objects to be photographed in a timely manner and to collect them immediately after the shoot. If the client fails to collect the objects within two business days of being requested to do so, the photographer is entitled to charge storage fees or, if the objects are blocking studio space, to remove them at the client's expense.

The client will outsource the transport and storage costs.

VI. Service disruption, cancellation fee

1. If the photographer provides the client with several photographs for selection, the client must return the unselected photographs at their own expense and risk within one week of receipt – unless a longer period has been agreed upon. The photographer may demand payment for lost or damaged photographs, provided that the loss or damage is not attributable to them.

2. If the photographer provides the client with images from their archive, the client must return the unselected images within one month of receipt and the selected images within one month of use. If the client fails to return the images on time, the photographer may charge a blocking fee of €1 (one euro) per day and image, unless the client proves that no damage was incurred or that the actual damage is less than the flat-rate fee. In the event of loss or damage that precludes further use of the images, the photographer may claim damages. These damages amount to at least €1,000 (one thousand euros) for each original and €200 (two hundred euros) for each duplicate, unless the client proves that no damage was incurred or that the actual damage is less than the flat-rate fee. The photographer reserves the right to claim higher damages.

3. If the time allotted for the execution of the assignment is significantly exceeded for reasons beyond the photographer's control, the photographer's fee will be increased accordingly, provided a flat rate was agreed upon. If an hourly rate was agreed upon, the photographer will also receive the agreed hourly or daily rate for the waiting time, unless the client proves that the photographer incurred no loss. In cases 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 delays in delivery in cases of intent or gross negligence.

VII. Data Protection

Personal data of the client required for business transactions may be stored. The photographer undertakes to treat all information obtained in the course of the commission as confidential. See privacy policy.

VIII. Digital Photography

1. The digitization, storage and reproduction of the photographer's photographs on data carriers of any kind requires the prior written consent of the photographer.

2. The transfer of usage rights does not include the right to storage and reproduction unless this right has been expressly transferred.

IX. Image Editing

1. The editing, reproduction, and distribution of the photographer's photographs, whether analog or digital, requires the photographer's prior consent. If a new work is created through photo-compositing, montage, or other electronic manipulation, it must be marked with [M]. The copyright holders of the works used and the copyright holder of the new work are co-authors within the meaning of Section 8 of the German Copyright Act (UrhG).

2. The client is obliged to digitally store and copy the photographer's photographs in such a way that the photographer's name is electronically linked to the image data.

3. The client is obliged to ensure that this electronic link is maintained in such a way that it is preserved in all types of data transmission, in all displays on screens, in all types of projections, especially in all public displays, and that the photographer is clearly and unambiguously identifiable as the author of the images.

4. The client warrants that they are authorized to commission the photographer to digitally process third-party photographs if they issue such a commission. They shall indemnify the photographer against all third-party claims arising from a breach of this warranty.

X. Use and distribution

1. The distribution of the photographer's photographs on the Internet and intranets, in online databases, in electronic archives not intended solely for the client's internal use, on floppy disks, CD-ROMs or similar data carriers is only permitted by special agreement between the photographer and the client.

2. The distribution of digitized photographs on the Internet and intranets and on data carriers and devices suitable for public display on screens or for the production of soft and hard copies requires the prior written consent of the photographer.

3. The reproduction and distribution of edits made by the photographer electronically require the prior written consent of the photographer.

4. The photographer is not obliged to hand over data carriers, files and data to the client unless this has been expressly agreed in writing.

5. If the client wishes the photographer to provide him with data carriers, files and data, this must be agreed upon and compensated separately.

6. If the photographer has provided the client with data carriers, files and data, these may only be altered with the prior consent of the photographer.

7. The risk and costs of transporting data carriers, files and data online and offline lie with the client; the contractor may determine the method of transmission.

XI. Final Provisions

The place of performance for all obligations arising from the contractual relationship is the photographer's place of business, unless the contractual partner is a consumer. If both contractual parties are merchants, legal entities under public law, or special funds under public law, the photographer's place of business is agreed as the place of jurisdiction.