General Terms and Conditions for Deliveries and Services

I) Applicability
1. The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all assignments, offers, deliveries, and services provided by the photographer.

2. The GTC are deemed accepted once the client consents to the photographer’s offer, at the latest upon receiving the delivery or service on the agreed-upon date.

3. Should the client wish to object to these GTC, this must be done in writing within three business days. Deviating terms and conditions of the client are hereby expressly rejected and are only valid if the photographer has explicitly agreed to them in writing.

4. The GTC apply to ongoing business relationships, even without explicit reference, and also cover future assignments, offers, deliveries, and services, unless otherwise agreed upon in writing.


II) Custom Productions
1. Cost estimates provided by the photographer are non-binding. If production costs exceed the original estimate by more than 15%, the photographer will notify the client as soon as this becomes apparent. Additional compensation will apply if the agreed production time is exceeded for reasons not attributable to the photographer.

2. The photographer is authorized to commission third-party services required for the production on behalf of and with the client’s authorization, at the client’s expense.

3. Unless otherwise agreed, the photographer will select the images presented to the client for approval after the production is completed.

4. The photographs are deemed accepted if the client does not submit written complaints within two weeks of delivery.


III) Fees
1. The agreed fee applies and includes the applicable VAT, unless otherwise stated.

2. Additional costs (e.g., material and laboratory expenses, model fees, props, travel expenses, and other necessary costs) are to be borne by the client.

3. The agreed fee is payable in full, even if the delivered images are not published.

4. Set-offs or retention rights are only permissible with undisputed or legally established claims.

5. If the booked time is exceeded, a fee of €450/hour will be charged unless otherwise agreed in the contract.

6. The deposit may be retained by the photographer as compensation in case of cancellation by the client.


IV) Exclusive Rights
1.  The client must provide all necessary information required for the assignment in a timely manner.

2. The photographer is not liable for overexposed or underexposed images caused by external lighting systems or interference from other photographers/videographers.


V) Catering
1. The photographer must be provided with meals, beverages, and a seat during the booking period.

2. The seat should offer a clear view of the event to ensure readiness.

3. The seat should preferably be located at the edge of a table with sufficient space for equipment.


VI) Liability
1. The photographer is not liable for any third-party rights infringement (e.g., of persons or objects depicted). Obtaining additional usage rights (e.g., for artwork or locations) is the client’s responsibility.

2. Upon delivery, the client assumes responsibility for the proper use of the image material.

3. The assignment is considered complete upon dispatch, and the photographer is not liable for any loss or damage occurring during shipping.


VII) ­­Provided Image Material (analogue and digital)
1. These GTC apply to all image material provided to the client, regardless of its form or stage of creation.

2. The client acknowledges the photographer’s copyright as per §2(1) No.5 of the German Copyright Act.

3. Design proposals or concepts commissioned by the client are independent services and must be compensated.

4. The provided image material remains the property of the photographer, even if damages are compensated for.

5. The client must handle the image material with care and may only share it with third parties for private or internal business purposes, such as viewing, selection, or technical processing.

6. Complaints regarding the content, quality, or condition of the delivered image material must be submitted within two weeks of receipt. Otherwise, the image material is considered accepted as delivered, compliant with the contract, and free of defects.


VIII) Usage Rights of the Client
1. he client generally acquires a simple usage right. Publications on the internet or in digital databases are only permitted for private use. The photographer must always be credited, including a link to their website or (Social Media) profile.

2. Exclusive rights, media-specific or spatial exclusivity rights, or embargo periods must be agreed upon separately.

3. The transfer of usage rights to third parties for a fee is prohibited, as the image rights remain with the photographer. This is only permissible with the explicit consent of the photographer and may be subject to an additional fee.

4. Any use, exploitation, reproduction, distribution, or publication exceeding Section 3 requires prior written approval from the photographer and is subject to additional fees. This includes, but is not limited to:
Secondary use or publication, especially in anthologies, promotional brochures, advertisements, or reprints.
Any editing, alteration, or transformation of the image material.
Digitization, storage, or duplication of the image material on any type of data carriers (e.g., magnetic, optical, or electronic media such as CD-ROM, DVD, hard drives, or cloud storage) unless it serves solely for technical processing and management of the image material as per Section VII.5 of the GTC.
Any reproduction or use of the image data on digital media.
Uploading or displaying the image data on the internet, in online databases, or other electronic archives (even if these are internal electronic archives of the client).
Transferring the digitized image material via data transmission or on data carriers intended for public display on screens or to create hard copies.

5. Modifications to the image material using photo filters, montages, or electronic tools to create a new copyright-protected work are explicitly prohibited unless prior written consent is obtained from the photographer and proper attribution is maintained. The image material may not be copied, re-photographed, or used as a motif in any form.

6. The photographer reserves the right to use the images/videos created for their own self-promotion. This includes use on the photographer’s website, in magazines, or on social media. The client is obligated to inform all persons involved and obtain their consent. If individuals do not consent, this must be communicated to the photographer in writing beforehand.

7. The client is not permitted to transfer the granted usage rights, either wholly or partially, to third parties, including parent or subsidiary companies. Any use, reproduction, or transfer of the image material is only permitted if the photographer’s copyright notice is clearly and unmistakably attributed to the respective image.

8. The granting of usage rights is conditional upon full payment of all invoices issued by the photographer under the respective contractual relationship.

9. The client is responsible for obtaining the consent of all individuals depicted in the images for their capture and publication. Additionally, the client must independently obtain any required permissions for photographing specific locations or flying drones. Written approval for drone use must also be obtained by the client.


IX) Return of Image Material
1. The return of image material in any form is not possible.

2. Since the material is created and edited at the photographer’s discretion and is considered a form of craftsmanship, returns or complaints are excluded.

3. Requests for improvements or replacements will only be considered upon the photographer’s approval and may be declined. If approved, an additional fee of €175/hour will be charged for the extra effort.


X) Contractual Penalty and Damages
1.  Any unauthorized use, reproduction, distribution, or transfer of the image material without the photographer’s consent will result in a contractual penalty amounting to five times the agreed usage fee, without prejudice to further claims for damages.

2. If the photographer’s credit is omitted, incomplete, incorrectly placed, or not clearly attributable, a surcharge of 100% of the agreed usage fee will be charged.


XI) Granting of Publication Rights
1. The clients agree that the photographer may use selected images and videos, approved by the clients, for self-promotion and marketing purposes. This includes publications on the photographer’s website, social media platforms, blogs, and similar channels. The photographer may also share the images/videos with third parties for promotional purposes. The clients have the right to object to such publication.

2. The clients also agree to inform their guests about the potential publication of the images and obtain their consent. The clients confirm that they have the consent of all individuals depicted in the images for publication, reproduction, and distribution, and they also agree to the publication themselves. The clients will indemnify the photographer against any claims by third parties arising from a lack of such consent.

3. The photographer will take reasonable care to ensure that neither the clients nor third parties suffer harm as a result of the publication of the images/videos. The photographer is not liable for any damages caused by third parties assisting in this context.

4. Only the first names and/or pseudonyms of the clients will be used in all publications.

XII) Withdrawal
1. The photographer reserves the right to withdraw the offer before final confirmation without providing reasons.

2.  Claims for damages against the photographer due to delays, non-performance, or breach of legal or contractual obligations are excluded unless caused by intentional misconduct. Unforeseen circumstances such as sudden illness, accidents, environmental factors, or traffic disruptions may prevent the photographer from attending the event, in which case no liability is assumed for resulting damages, losses, or consequences.

3. The photographer reserves the right to withdraw from the contract if no deposit is received.

4. The photographer reserves the right to withdraw from the contract if necessary information is not provided by the client.


XIII) General Provisions
1. The law of the Federal Republic of Germany applies, including for deliveries abroad.

2. Any amendments to the contract or these GTC must be made in writing to be valid.

3. Should any provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent and purpose.

4. The place of performance and jurisdiction, if the client is a registered trader, is the photographer’s place of residence.