Terms and Conditions
General Terms and Conditions
1. General Provisions
These General Terms and Conditions ("Terms") apply to all contracts entrusted to the photo/videographer ("Service Provider"). They shall be deemed accepted unless objected to promptly. Should the client wish to contest these Terms, written notice must be given within three business days. Any contrary terms proposed by the client are expressly rejected and shall not be deemed valid unless acknowledged in writing by the Service Provider.
For the purposes of these Terms, "Media" refers to all products created by the Service Provider, including both photographs and videos, irrespective of form or medium (e.g., data on CD, prints, etc.).
II. Copyright and Artistic Integrity
The copyright for all media produced remains vested in the Service Provider.
Media created by the Service Provider are intended solely for the private use of the client unless expressly agreed otherwise in writing.
When the Service Provider grants usage rights to their works, only a simple usage right is transferred unless expressly stipulated otherwise. The transfer of usage rights is effective only upon full payment of the fee.
The client is not authorized to reproduce or distribute the material unless specific usage rights have been transferred.
In the case of online and print media usage for private purposes, the client must credit the Service Provider as the author. Failure to attribute may result in damages.
Raw data remains the exclusive property of the Service Provider, and its release to the client is not guaranteed. Access to raw files is contingent upon agreement on an additional fee.
The Service Provider retains the right to sell or license the copyright of the created works on other platforms, including but not limited to third-party stock photography websites such as Getty Images, unless otherwise expressly agreed upon in writing.
III. Compensation, Retention of Ownership, and Artistic Process
The creation of media incurs a fee, whether billed hourly, daily, or as an agreed-upon flat rate. Additional costs such as travel expenses, per diems, props, and studio rentals are borne by the client unless otherwise specified.
Any cost estimates provided are non-binding. If production costs increase, the Service Provider must promptly notify the client. If production time exceeds the agreed duration for reasons beyond the Service Provider's control, additional compensation is due based on the agreed hourly rate or an equitable increase in the flat fee.
Payment is made via invoice, with due invoices payable immediately.
Until the full purchase price is settled, the delivered media remain the property of the Service Provider.
The client acknowledges the artistic and creative nature of the photographer's work, and variations in the final products may occur. The Service Provider retains artistic discretion in editing and post-processing.
IV. Default Compensation, Cancellation Fee, and Client Collaboration
The Service Provider commits to completing orders promptly and delivering media to the client.
Cancellation of client-confirmed appointments:
2.1 Upon receipt of a confirmation email from the Service Provider, the date is reserved exclusively for the client, and no alternative offers can be entertained.
2.2 A reservation fee of 30% of the total amount is due upon confirmation. This fee is non-refundable in case of order cancellation and serves as compensation for the reservation.
2.3 Cancellation up to 21 days before the agreed date incurs no additional cost, with the reservation fee retained.
2.4 Cancellation within 20 days requires payment of 50% of the agreed fee.
2.5 Cancellation 7 days before the agreed date requires full payment.
2.6 If the client books an equivalent shoot within the same calendar year, paid cancellation fees are credited.
2.7 If the shoot is terminated by the client, the full fee is due, regardless of the reason.
2.8 The client agrees to collaborate and provide necessary information to ensure the success of the photography session.
V. Liability and Artistic Liability
The Service Provider and their agents are liable for breaches unrelated to essential contractual obligations only in cases of intent and gross negligence.
The Service Provider is not liable for the quality of results if digitally acquired media are developed/printed by the client. Color-correct prints are available through the Service Provider.
X. Final Provisions
The place of performance for all obligations arising from the contractual relationship is Hamburg/Berlin.
XI. Severability Clause
If any condition of these General Terms and Conditions is or becomes wholly or partially invalid, the remaining conditions shall remain effective. The invalid provision shall be replaced by applicable legal regulations.