Frequently Asket Questions
Frequently Asket Questions
General Terms and Conditions
I. General
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all assignments given to the photographer/videographer. They shall be deemed agreed upon unless objected to without delay. If the client wishes to object to these GTC, this must be done in writing within three working days. Any deviating terms and conditions of the client are hereby rejected. Deviating terms and conditions of the client shall only become valid if expressly acknowledged in writing by the photographer/videographer.
“Photographs” within the meaning of these GTC include all products created by the photographer/videographer, regardless of the form or medium in which they were created or exist (e.g. data on CD, prints, etc.).
II. Copyright
The copyright to the photographs/moving images always remains with the photographer/videographer.
The photographs/moving images produced by the photographer/videographer are generally intended solely for the client’s private use, unless expressly agreed otherwise in writing.
If the photographer/videographer grants usage rights to their works, only simple (non-exclusive) usage rights are transferred unless expressly agreed otherwise. Any transfer of usage rights to third parties requires a separate agreement.
Usage rights shall only be transferred after full payment of the fee to the photographer/videographer.
The client has no right to reproduce or distribute the photographs/moving images unless the corresponding usage rights have been granted.
When using the photographs/moving images in online and print media (for private use), the photographer/videographer must be named as the author. Any violation of the right to attribution entitles the photographer/videographer to claim damages.
The raw files remain with the photographer/videographer. Delivery of raw files (unedited images) to the client is generally excluded.
III. Remuneration, Retention of Title
For the production of photographs/moving images, a fee is charged as an hourly rate, daily rate, or agreed flat fee. Additional costs such as travel expenses, meals, props, studio rentals, etc. shall be borne by the client unless otherwise agreed.
Cost estimates prepared by the photographer/videographer are non-binding. If cost increases occur during production, the photographer/videographer shall inform the client. If the agreed production time is exceeded for reasons not attributable to the photographer/videographer, additional remuneration shall be paid based on the agreed hourly rate or in the form of an appropriate increase of the flat fee.
Payment shall be made by invoice.
Upon booking an appointment, a deposit of 20% is due.
Invoices are payable immediately and without deduction. The client shall be in default if due invoices are not paid within 30 (thirty) days of receipt of the invoice or equivalent payment request. The photographer/videographer reserves the right to place the client in default earlier by issuing a reminder after the due date.
Until full payment of the purchase price, the delivered photographs and moving images remain the property of and in the possession of the photographer/videographer.
V. Performance Disruption, Cancellation Fee
After pre-selection and post-production, the photographer/videographer shall provide the client with a password-protected online gallery for download for 28 days, from which the client may download the final files digitally.
After the selection has been made, the photographs/moving images shall be fully edited by the photographer/videographer. The photographer/videographer undertakes to complete the assignment as quickly as possible and deliver the photographs/moving images to the client.
If the client cancels the photographer/videographer booking, the photographer/videographer shall be entitled to a cancellation fee. This shall be calculated as follows: cancellation from the 15th day after conclusion of the contract: 25%; cancellation 3 to 7 days before the booked date: 50%; from 2 days prior: 100% of the agreed total amount, even if no deposit has yet been paid.
VI. Data Protection
Personal data of the client required for business transactions may be stored. The photographer/videographer undertakes to treat any information obtained in the course of the assignment confidentially.
VII. Image Editing
The client is familiar with the photographic/videographic and visual style of the photographer/videographer and is aware that their photographs/moving images will be edited in a similar style.
Subsequent editing of photographs/moving images by the photographer/videographer, as well as their reproduction and distribution — including conversion to black and white or sepia, subsequent color editing, or the creation of collages — is not permitted unless a separate agreement has been made.
When using the photographer’s/videographer’s photographs/moving images online, the client is obliged to create electronic links in such a way that the photographer/videographer is clearly and unambiguously identifiable as the author of the images/videos.
VIII. Delivery Times and Complaints
The photographer/videographer usually delivers their work within 4 working weeks. During peak periods, delays may occur. Such operational delays, as well as delays due to force majeure, operational disruptions, delays caused by laboratories or their transport companies, etc., do not constitute grounds for complaints. The photographer/videographer shall only be liable for missed deadlines in cases of intent or gross negligence.
All work is carried out by the photographer/videographer with the greatest possible care and to the best of their ability or passed on to other companies. Complaints regarding obvious defects must be made in writing within 7 days. Recognition of such complaints is only possible upon submission of the defective work.
If digitally purchased photographs are developed/printed independently by the client, the photographer assumes no liability for the quality of the results. Color-accurate prints can be purchased from the photographer.
IX. Right of Return — Downloads
When purchasing presets, these are made available before the expiry of the 14-day withdrawal period. The client expressly agrees to this. A return is therefore no longer possible after downloading the presets.
X. Final Provisions
The place of performance for all obligations arising from the contractual relationship is Hamburg.
XI. Severability Clause
Should any provisions of the above General Terms and Conditions be or become wholly or partially invalid, the remaining provisions shall remain valid. The invalid provision shall be replaced by the statutory regulation.