1. The following
terms and conditions apply to all orders placed with the photographer. They are considered as agreed if they are not immediately contradicted. If the customer wants to contradict the terms and conditions, 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.
in the sense of these terms and conditions are all products manufactured by the photographer, no matter in which technical form or in which medium they were created or are available. (Negatives, slide positives, paper pictures, still videos, electronic still pictures in digitized form, videos etc.)
3. The terms and conditions apply in the context of an ongoing business relationship even without explicit inclusion for all future orders, offers, deliveries and services of the photographer.
1. The photographer is entitled to copyright on the photographs in accordance with copyright law.
2. Photographs made by the photographer are only intended for the client's own use. The client 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 or subsidiary companies.
3. The rights of use shall only be transferred to the photographer after full payment of the fee.
4. The customer of a picture i.S. § 60 UrhG has no right to reproduce and distribute the photograph, if the corresponding rights of use have not been transferred. § 60 UrhG is expressly waived.
5. When using the photographs, the photographer may, unless otherwise agreed, require to be named as the author of the photo. A violation of the right to name entitles the photographer to compensation.
6. The negatives or digital raw data remain with the photographer. A release of the negatives, or digital raw data to the client is only by separate agreement. Furthermore, the photographer is not obligated to keep it if the image material has been handed over to the customer on an electronic data carrier or by online provision.
Retention of title, cancellation
1. For the production of the photographs, a fee is calculated as an hourly rate, daily rate or agreed flat rate plus statutory value added tax; Additional costs (travel expenses, model fees, expenses, props, laboratory and material costs, studio rents, etc.) are to be borne by the client. Compared to end consumers, the photographer shows the final prices including VAT. If no fee has been agreed, it is determined according to the current image fee overview of the Mittelstandsgemeinschaft Fotomarketing (MFM).
2. Due invoices are payable within 7 days without deduction. The customer shall be in default if he does not pay due invoices within 14 (fourteen) days after receipt of an invoice or equivalent request for payment. The photographer reserves the right to bring the delay to an earlier point in time by issuing a reminder sent after the due date.
3. The fee applies only to the one-time use of the photographic material for the agreed purpose. If the fee is also intended for further use, this must be agreed in writing.
4. The photographer
is entitled to demand 50% of the total remuneration already when placing the order as advance payment.
5. Until full payment of the purchase price, the delivered photographs remain the property of the photographer.
6. Within the framework of the acquired order, there is freedom of design, unless expressly stipulated. Thus, complaints regarding image perception and artistic-technical design are excluded. If there is no layout or briefing in written form, the customer or his advertising agency is not present at the recordings, the design of the photographer is generally accepted. If the client wishes to make changes during or after the recording production, he has to bear the additional costs. The photographer retains the right to compensation for work already started.
7. Offsetting or exercise of the right of retention is only against undisputed or legally enforceable claims of the customer allowed. In addition, offsetting with disputed but decisive counterclaims is permissible.
1. For the breach of obligations that are not directly related to essential contractual obligations, the photographer is liable for himself and his vicarious agents only in cases of intent and gross negligence. He is also liable for damages resulting from injury to life, limb or health as well as from the breach of essential contractual obligations which he or his vicarious agents have caused by culpable breaches of duty. For damage to subjects, originals, movies, displays, layouts, negatives, Storage media or data, the photographer is liable only for intent and gross negligence. Likewise, the photographer is not in case of failure by an unforeseen event, such. B. Disease liability.
2. All photographs
are made digitally and stored (temporarily) on digital storage media. For damages resulting from the loss or malfunction of these storage media, the photographer is liable only for intent or gross negligence.
3. In the case of ajustified complaint, it is up to the photographer's choice to either carry out a corrected delivery, offsetting all other parts of the contract, or to take back the complained delivery and waive the calculation. Failure new production or remedy, then the customer can demand cancellation of the contract or reduction of the remuneration.
V. secondary duties
1. The client assures that he has the reproduction and distribution right of all submitted to the photographer and the consent of the persons depicted for personal portraits for publication, duplication and distribution. Claims for compensation by third parties based on the violation of this obligation shall be borne by the customer.
2. The client undertakes to make the objects available in good time and to pick them up immediately after taking them. If the client does not collect the objects to be photographed after two working days at the latest, the photographer is entitled to charge storage costs if necessary or to outsource the objects at the expense of the client if his studio space is blocked. Transport and storage costs are borne by the client.
VI. Disruption, cancellation fee
1. If the time stipulated for the execution of the order is substantially exceeded for reasons for which the photographer is not responsible, the fee of the photographer increases accordingly, provided that a flat rate was agreed. If a time fee has been agreed, the photographer will also receive the agreed hourly or daily rate for the waiting period.
2. Delivery dates for photographs and / or data carriers on which the portraits are stored are only binding if they have been expressly confirmed by the photographer. The photographer is liable for exceeding the deadline only in cases of intent and gross negligence.
Personal data required by the client for business transactions are stored. The Photographer undertakes to treat all information made known to him as part of the order confidentially.
VIII. Image editing
1. The processing of photographs of the photographer and their duplication and distribution, analog or digital, requires the prior consent of the photographer. If a new work is created through photo composing, assembly or other electronic manipulation, this must be marked with [M]. The authors of the works used and the authors of the new work are co-authors in the sense of §8UrhG.
2. The client is obliged to digitally store and copy photos of the photographer in such a way that the name of the photographer is electronically linked with the image data. The client is obliged to make this electronic link so that it remains in every type of data transmission, on every display on screens, in all types of projections, especially in any public communication, and the photographer as the author of the images clearly and uniquely identifiable is.
3. The client assures that he is entitled to commission the photographer with the electronic processing of third-party photographs when he places such an order. He indemnifies the photographer against all claims of third parties based on the violation of this obligation.
IX. Use and dissemination The distribution of photographic images on the Internet and in intranets, in online databases, in electronic archives, which are not intended solely for the internal use of the client, on floppy disk, CD-ROM or similar data media is only by special agreement between the Photographers and the client allowed.
X. Final provisions
1. Place of performance for all obligations arising from the contractual relationship is the registered office of the photographer, if the contractual partner is not a consumer. If both contractual parties are merchants, legal persons under public law or a special fund under public law, the place of business of the photographer is the place of jurisdiction.
2. German law applies to legal relationships with contractual partners.
3. Should one or more of the above conditions be or become ineffective, this shall not affect the validity of the remaining conditions. Collateral agreements, changes and additions to these terms and conditions are only valid if confirmed by us in writing. This also applies to the waiver the written form.