Newborn photographer Newborn photographer Esslingen Newborn
Terms and Conditions - Terms and Conditions
I. APPLICATION
The following general terms and conditions of delivery and business (hereinafter referred to as GTC) apply to all orders, offers, deliveries and services carried out by the photographer.
They are deemed to have been agreed when the customer accepts the delivery or service or the photographer's offer, but no later than when the photographic material is accepted.
If the customer wishes to object to the GTC, this must be declared in writing within three working days. Deviating terms and conditions of business of the customer are hereby contradicted. Deviating terms and conditions of the customer are not valid unless the photographer acknowledges them in writing.
The terms and conditions also apply to all future orders, offers, deliveries and services of the photographer within the framework of an ongoing business relationship, unless expressly agreed otherwise.
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II. CONTRACT PRODUCTIONS
Insofar as the photographer creates cost estimates, these are non-binding. If costs increase during production, the photographer is only to report this if it becomes apparent that the originally estimated total costs will be exceeded by more than 15%. If the planned production time is exceeded for reasons for which the photographer is not responsible, additional remuneration based on the agreed time fee or in the form of an appropriate increase in the flat fee is to be paid.
The photographer is entitled to commission services from third parties that have to be purchased to carry out the production, in the name and with authorization and for the account of the customer.
Unless otherwise agreed, the photographs that are presented to the customer for approval after the end of production are selected by the photographer.
If the photographer does not receive a written notice of defects within two weeks of delivery of the photos, the photos are deemed to have been accepted in accordance with the contract and free of defects.
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III. PROVIDED IMAGES (ANALOG AND DIGITAL)
The General Terms and Conditions apply to any image material provided to the customer, regardless of the creative stage or the technical form in which it is available. They also apply in particular to electronic or digitally transmitted image material.
The customer acknowledges that the photographic material provided by the photographer is copyrighted photographic works within the meaning of Section 2, Paragraph 1, Item 5 of the Copyright Act.
Design proposals or concepts commissioned by the customer are independent services that are to be remunerated.
The photographic material provided remains the property of the photographer, even if damages are paid for it.
The customer must treat the image material carefully and carefully and may only pass it on to third parties for internal business purposes of viewing, selection and technical processing.
Complaints relating to the content of the delivered shipment or the content, quality or condition of the image material must be reported within two weeks of receipt. Otherwise, the image material is deemed to have been received properly, in accordance with the contract and as recorded.
The raw data remain with the photographer. A release of the raw data to the customer is generally not intended.
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IV. RIGHTS OF USE
In principle, commercial customers only acquire a simple right of use for one-time use. Publications on the Internet or placement in digital databases are, subject to other agreements, limited in time to the duration of the publication periods of the corresponding or comparable print object.
In principle, non-commercial customers only acquire a simple right of use for private use.
Exclusive rights of use, media-related or spatial exclusive rights or blocking periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.
With the delivery, only the right of use is transferred for the one-time use of the image material for the purpose specified by the customer and in the publication and in the medium or data carrier which/-s/-n the customer has specified or which/-s/-r arises from the circumstances of the placing of the order. In case of doubt, the purpose for which the image material was made available, as evidenced by the delivery note or the shipping address, is decisive.
Any use, exploitation, duplication, distribution or publication that goes beyond Section 3 is subject to a fee and requires the prior express consent of the photographer. This applies in particular to:
- a secondary use or secondary publication, in particular in anthologies, product-related brochures, advertising measures or other reprints, any processing, modification or redesign of the image material,
- The digitization, storage or duplication of the image material on data carriers of all kinds (e.g. magnetic, optical, magneto-optical or electronic carrier media such as CD-ROM, DVD, hard drives, RAM, microfilm, etc.), insofar as this is not only for the technical processing and administration of the image material according to Section III 5. General Terms and Conditions,
- Any duplication or use of the image data on digital data carriers, any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (including internal electronic archives of the customer),
- the transfer of the digitized image material by way of long-distance data transmission or on data carriers that are suitable for public display on screens or for the production of hard copies.Changes to the image material through photo composing, montage or electronic aids to create a new copyrighted work are only permitted with the prior written consent of the photographer and only with identification. The image material may not be drawn, photographed or otherwise used as a motif.
The customer is not entitled to transfer the rights of use granted to him in whole or in part to third parties, not even to other group companies or subsidiaries. Any use, reproduction or forwarding of the image material is only permitted if the copyright notice provided by the photographer is attached in unequivocal assignment to the respective image.
The granting of the rights of use is subject to the condition precedent of the full payment of all payment claims of the photographer from the respective contractual relationship.
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V. LIABILITY
The photographer accepts no liability for infringement of the rights of persons or objects depicted, unless an appropriately signed release form is attached. The acquisition of rights of use beyond the photographic copyright, e.g. B. for illustrated works of fine or applied art as well as obtaining publication permits from collections, museums etc. is the responsibility of the customer. The customer bears the responsibility for the captions as well as the contexts resulting from the concrete publication.
From the time the image material is properly delivered, the customer is responsible for its proper use.
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VI. FEES
The agreed fee or the shooting prices stated in the price lists on the website apply. The shooting prices on our homepage for non-commercial, private use include the applicable VAT. Shooting prices for commercial customers do not include the applicable VAT.
The agreed fee covers the one-off use of the image material for the agreed purpose in accordance with Section IV.3.
Costs and expenses incurred as a result of the order (e.g. material and laboratory costs, model fees, costs for necessary props, travel expenses, necessary expenses, etc.) are not included in the fee and are borne by the customer.
The fee claim is due after the recording has been made, at the end of the photo shoot. In the case of production orders, the photographer is entitled to demand advance payments in accordance with the scope of services rendered.
The fee according to VI. 1. Terms and Conditions must also be paid in full if the commissioned and delivered image material is not published. If the recordings are used as a work template for layout and presentation purposes, a fee of at least EUR 150.00 per recording will be charged, unless otherwise agreed.
Offsetting or exercising the right of retention is only permitted with undisputed or legally established claims of the customer. It is also permissible to set off counterclaims that are disputed but are ready for a decision.
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VII. CANCELLATION
Up to and including 24 hours before the agreed shooting date, I charge a cancellation fee of 50% of the agreed shooting price. Any reservation fees paid will be retained. This must be transferred immediately.
No cancellation fee is required in the event of illness upon presentation of a medical certificate.
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VIII. RETURN OF IMAGES
Analogous image material must be returned in the form supplied without being asked immediately after publication or the agreed use, but no later than 3 months after the delivery date; two specimen copies must be enclosed. An extension of the 3-month period requires the written approval of the photographer.
Digital data must always be deleted or the data carrier destroyed after use has ended. The photographer is not liable for the existence and/or the possibility of a re-delivery of the data.
If, at the request of the customer or with the customer's consent, the photographer provides image material solely for the purpose of checking whether use or publication is possible, the customer must return analog image material within one month of receipt at the latest, unless a different period is stated on the delivery note. Digital data are to be deleted or the data carriers are to be destroyed or returned. An extension of this period is only effective if it has been confirmed in writing by the photographer.
The image material is returned by the customer at his own expense in packaging customary in the industry. The customer bears the risk of loss or damage during transport until it is received by the photographer.
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IX. PENALTY, DAMAGES
In the event of any unauthorized (without the consent of the photographer) use, application, reproduction or transmission of the image material, a contractual penalty of five times the usage fee must be paid for each individual case, subject to further claims for damages.
If the copyright notice is omitted, incomplete, incorrectly placed or cannot be assigned, a surcharge of 100% on the agreed or usual usage fee is to be paid.
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X. GENERAL
The law of the Federal Republic of Germany applies as agreed, also for deliveries abroad.
Ancillary agreements to the contract or to these GTC must be in writing to be effective.
Any nullity or ineffectiveness of one or more provisions of these General Terms and Conditions does not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with a meaningful, valid provision that comes as close as possible to the desired regulation from an economic and legal point of view.
Place of performance and place of jurisdiction is, if the customer is a registered trader, the place of residence of the photographer.
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