Fotografie

PHOTO-GRAPHY

General Terms and Conditions for Consumer Transactions

1. Applicability and Scope of the General Terms and Conditions

1.1. These General Terms and Conditions apply exclusively to contracts concluded with consumers. A consumer within the meaning of § 1 KSchG is any natural person who enters into a legal transaction for purposes that cannot be attributed to their commercial or independent professional activity. For contracts concluded with entrepreneurs, the General Terms and Conditions for Business Transactions apply.

1.2. The photographer/publisher – hereinafter referred to as the "photographer" – concludes contracts – unless explicitly agreed otherwise – exclusively based on these General Terms and Conditions.

1.3. The inclusion of conflicting or supplementary contractual terms of the contracting party is explicitly rejected. These are only valid if and to the extent they are agreed upon in writing in the individual case. In particular, actions taken by the photographer to fulfill the contract do not constitute agreement to terms differing from these General Terms and Conditions.

1.4. Should individual provisions of the contract, including these regulations, be wholly or partially ineffective, or become ineffective during the term of the contract, or if the contract contains a gap, the effectiveness of the remaining provisions or parts thereof remains unaffected. This does not apply if the ineffective provision regulates one of the main performance obligations. In place of the ineffective or missing provisions, the respective statutory regulations apply. The fact that the photographer does not exercise individual or all of their rights does not imply a waiver of these rights.

2. Offer, Conclusion of Contract

2.1. The offers made by the photographer are – unless explicitly stated otherwise – non-binding for all details in price lists, brochures, etc.

2.2. The commissioning of the photographer can be done in writing (by mail, email, fax, etc.) or orally (in person, by phone). The photographer will send the client an order confirmation (acceptance of the offer) within a reasonable time after receiving the order, or inform them about the rejection of the order. Upon acceptance, a legally binding contract is concluded between the photographer and the client, which triggers the mutual performance obligations.

2.3. The client has the option to purchase photographs and/or films, including the usage rights defined in § 42 of the German Copyright Act (UrhG), through the online shop. Any additional usage rights must be separately agreed upon with the photographer. The photographer's offer in the online shop is legally binding. The purchase contract is concluded when the order is received by the photographer. The ordering process is initiated by selecting the desired products in the shopping cart and completed by clicking the purchase button at the end of the order process. The photographer will provide the contractually agreed products after receipt of payment, either by sending them to the address provided by the client or as a downloadable file.

3. Provision of Services, Usage Authorization

3.1. The photographer may fulfill the order – in whole or in part – through third parties (e.g., laboratories, etc.). Unless the contracting party gives written instructions, the photographer is free regarding the manner of executing the order. This particularly applies to the image composition, selection of models, location of the shoot, and the optical and technical (photographic) means used.

3.2. The delivery of the goods is at the photographer's risk, meaning the risk of loss or damage to the goods is transferred to the contracting party only once the goods have been delivered to them or to a third party designated by them, other than the carrier.

3.3. Delivery/performance dates and deadlines stated by the photographer are approximate and non-binding unless expressly confirmed in writing as binding. No claims can be made against the photographer for failure to meet non-binding delivery/performance dates or deadlines. The photographer must perform the service within 30 days from the conclusion of the contract unless otherwise specified.

3.4. If binding delivery dates or deadlines have been agreed upon and there is a delay in delivery (unless this is a fixed-date contract as per section 3.5), the contracting party may withdraw from the contract after setting a reasonable additional deadline. Withdrawal from the contract does not affect the right to claim compensation for damage caused by the failure to perform.

3.5. If the fulfillment is conditioned on a fixed time or within a fixed period, and the photographer is delayed, the contract shall automatically terminate without further action, unless the contracting party immediately notifies the photographer that they wish to insist on performance. Any claims for damages remain unaffected.

3.6. By purchasing a copyrighted work, whether in paper form or digitally, the contracting party acquires a simple (non-exclusive and non-transferable) usage authorization for the explicitly agreed purpose and within the agreed limits (e.g., edition number, time, and geographic limitations, etc.); in case of doubt, the usage scope indicated in the invoice or delivery note is decisive. In any case, the contracting party acquires only as many rights as correspond to the disclosed purpose of the contract (assigned order). Unless otherwise agreed, the usage authorization applies only for a one-time publication (in a print run), solely for the expressly indicated medium of the contracting party, and not for advertising purposes. Furthermore, the contracting party is authorized under § 42 UrhG to produce individual copies for their own and private use.

3.7. The usage authorization is granted only after full payment of the agreed recording and work usage fee (see section 6.2.) and under the condition of proper attribution/crediting as per section 4.3.

4. Copyright Provisions

4.1. Photographs and films are works protected by copyright under §§ 1, 3, 4 UrhG. All authorship and performance protection rights of the creator (§§ 14ff, 73ff UrhG) exclusively belong to the photographer. The photographer holds the exclusive exploitation rights, except for those granted in § 42 UrhG, meaning the exclusive right to reproduce, distribute, publicly display through optical devices, broadcast, and make the photograph available to the public. Use is only allowed based on the usage authorization granted by the photographer (see section 3.6.). § 75 UrhG does not apply.

4.2. Reproduction or distribution of photographs/films in online databases, electronic archives, on the internet or intranets intended for more than the contracting party's internal use, on disks, CDs, or similar data carriers, is only permitted with a special written agreement between the photographer and the contracting party. The right to make a backup copy remains unaffected.

4.3. The contracting party is obligated, with every use (reproduction, distribution, broadcast, etc.), to clearly and legibly (visible), particularly in normal typeface and not rotated, display the creator's name (copyright notice) as per the WIPO (World Intellectual Property Organization) Copyright Treaty. This should be placed directly on the photograph and clearly associated with it, as follows:

Photo: © ... Name/Company/Artist's name of the photographer, location, and – if published – year of the first publication. This applies even if the photograph is not marked with a creator’s name. This provision is considered the placement of the creator's name under § 74 paragraph 3 UrhG. If the photograph is signed on the front (in the image), the publication of this signature does not replace the creator’s notice described above.

4.4. Any modification of the photograph requires the written consent of the photographer. This does not apply if the changes are necessary for the – known to the photographer – contractual purpose.

4.5. In case of publication, two free copies of the publication must be sent. For expensive products (e.g., art books, video cassettes), the number of copies is reduced to one. If the publication is online, the photographer must be informed of the web address.

4.6. In case of infringement of the copyright and/or performance protection rights, the photographer has civil claims for injunction, removal, damages, publication of judgment, etc., according to §§ 81ff UrhG. These claims are due to the photographer regardless of fault. In the case of an infringement of the obligation to provide the creator’s name, an immaterial damage (§ 87 paragraph 2 UrhG) is due, regardless of any accompanying financial damage (§ 87 paragraph 1 UrhG), at least in the amount of the appropriate fee (§ 86 UrhG).

5. Ownership of Film Material and Image Files, Labeling, Archiving

5.1. Analog Photography: The ownership of exposed film material (negatives, slides, etc.) belongs to the photographer. The photographer transfers ownership of the necessary images for the agreed-upon use to the contracting party, against an agreed-upon and reasonable fee. Slides will, unless otherwise agreed in writing, only be lent to the contracting party for use, to be returned after use at the contracting party's risk and expense, and within the scope of the usage authorization according to section 3.6.

5.2. Digital Photography: The ownership of the image files belongs to the photographer. A right to the transfer of digital image files and their use within the scope of the usage authorization according to section 3.6. exists only after an express written agreement and pertains, unless otherwise expressly agreed, only to a selection of image files that is mutually determined by the photographer and the contracting party.

5.3. The photographer has the right to mark the photographs as well as the digital image files in any manner he deems suitable (including on the front) with his creator's name. The contracting party is obligated to ensure the integrity of the creator's name, particularly when allowed to forward the materials to third parties (printers, etc.). If necessary, the creator's name must be affixed or renewed. This applies especially to all reproduction materials (lithos, plates, etc.) created during production, as well as when copies of digital image files are made.

5.4. The contracting party is obligated to store digital photographs in such a way that the creator's name remains electronically linked to the images during any type of data transmission, ensuring that the photographer is clearly and unambiguously identifiable as the creator of the images.

5.5. The photographer will archive the images for a period of one year without any legal obligation. In case of loss or damage, the contracting party has no claims.

6. Fee (Work Compensation, Honorarium)

6.1. In the absence of a written agreement to the contrary, the photographer is entitled to compensation (honorarium) for his services based on his currently valid price lists.

6.2. The photographer is entitled to a shooting fee, which also applies to layout or presentation shots, as well as in cases where the images are not used or when usage depends on a third party’s decision. In such cases, no price reductions will be granted on the shooting fee.

Additionally, when selling photographs or films, the photographer is entitled to a sales fee, and for granting a usage license exceeding the scope of § 42 UrhG, a separate work usage fee (license fee) in the agreed amount.

6.3. Conceptual services (consulting, layout, other graphic services, etc.), as well as material costs and additional expenses for props, models, travel costs, accommodation expenses, makeup artists, etc., are not included in the shooting fee and will be charged separately. The same applies to above-average organizational or consultation efforts.

6.4. Prices are stated in euros and are quoted “ex works,” plus VAT at the applicable statutory rate. In the case of shipping, an additional shipping and packaging fee of € ___ will be charged.

6.5. Any changes to the order requested by the contracting party during the execution of the assignment will be at their expense and will be billed separately.

6.6. There is no obligation to maintain previous prices for follow-up orders.

6.7. No guarantee is given for the accuracy of cost estimates.

7. Payment

7.1. Unless a specific payment term has been expressly agreed in writing, the fee is due for payment immediately upon invoicing. If a payment term has been agreed, the issued invoices must be paid in full, without deductions or additional charges, no later than 8 business days from the date of invoicing.

7.2. The Photographer is entitled to request an advance payment from the client before starting the execution of the order. Additionally, for contracts involving divisible services, the Photographer may issue partial invoices.

7.3. The Photographer has the right to apply payments, regardless of their intended purpose, to settle the oldest outstanding debt first, including any accrued late payment interest and costs, following this order: costs, interest, principal debt.

7.4. In the event of late payment, interest on arrears of 4% per annum, as well as compound interest at the statutory rate, will be charged regardless of fault. Additionally, in cases of delayed payment due to the contractual partner’s fault, they are obliged to reimburse the Photographer for all necessary costs incurred for the appropriate collection of the debt, such as attorney fees and collection agency costs. They must also compensate for any further damages, particularly those resulting from higher interest rates on credit accounts due to non-payment.

7.5. The contractual partner is only entitled to offset their own claims against the Photographer if the Photographer is insolvent, if the contractual partner’s claim is legally connected to their obligation, or if the claim has been legally established by a court ruling or acknowledged by the Photographer.

7.6. The contractual partner may only exercise a right of retention if it concerns claims arising from the same contractual relationship

8. Statutory right of Withdrawal

8.1. In accordance with § 11 FAGG, consumers have the right to withdraw from a distance contract or a contract concluded outside business premises within 14 days without providing any reason. Further details on exercising the right of withdrawal and its consequences can be found in the separately published Withdrawal Policy for Goods Deliveries or Withdrawal Policy for Service Contracts.

8.2. The right of withdrawal is excluded in the following cases:

• Contracts for services where the entrepreneur has, at the express request of the consumer and with the consumer’s confirmation of their awareness of losing the right of withdrawal upon full performance of the contract, commenced execution before the expiry of the 14-day withdrawal period and has subsequently completed the service in full.

• Contracts for goods that are custom-made according to customer specifications or are clearly tailored to personal needs.

• Contracts for goods that, after delivery, have been inseparably mixed with other items due to their nature.

• Contracts for audio or video recordings or computer software delivered in sealed packaging, if the seal has been removed after delivery.

• Contracts for the delivery of digital content not stored on a physical data carrier, where the entrepreneur has commenced delivery before the expiry of the withdrawal period with the consumer’s explicit consent and acknowledgment of the loss of the right of withdrawal upon early commencement, and after providing a copy or confirmation as per § 5 Abs 2 or § 7 Abs 3.

9. Obligations of the Contractual Partner

9.1. The contractual partner is obliged to cooperate as necessary in fulfilling the contract and to support the Photographer to the best of their ability. The contractual partner is responsible for obtaining any required usage permissions from third parties concerning depicted objects (e.g., works of visual art, designs, models, trademarks, photographic templates, etc.) and for obtaining consent for the depiction of individuals (e.g., models). The Photographer guarantees the consent of authorized persons, particularly models, only if explicitly confirmed in writing for the contractual purposes (see section 3.6).

9.2. Indemnification and Legal Protection: The contractual partner agrees to fully indemnify and hold the Photographer harmless against any claims from third parties if the Photographer is subject to civil or criminal liability or is pursued in court or out of court due to violations of legal provisions or the actions of the contractual partner.

9.3. If the Photographer is commissioned to electronically edit third-party photographs, the contractual partner assures that they hold the necessary rights to do so and releases the Photographer from all third-party claims arising from any violation of this obligation.

9.4. The contractual partner agrees to promptly collect any objects provided for the photoshoot immediately after the session. If these objects are not collected within two business days after a request from the Photographer, the Photographer is entitled to store them at the contractual partner’s expense.

10. Default of Acceptance , Withdrawal by the Contractual Partner

10.1. If the contractual partner does not accept the service at the agreed time and place, or if the Photographer’s service is delayed or rendered impossible, the contractual partner is deemed to be in default of acceptance. In this case, the Photographer is entitled, after setting a reasonable grace period of 14 days, to withdraw from the contract or to insist on contract fulfillment. The Photographer is also entitled to withdraw from the contract if the contractual partner continues to violate essential contractual obligations (such as cooperation duties, advance payments, or installment payments) despite a written warning and a 14-day grace period. In any case, the contractual partner is liable for damages caused by their culpable actions.

10.2. In the event of default of acceptance, the contractual partner shall bear any storage costs as well as the costs of unsuccessful delivery and collection attempts. If the contractual partner is at fault for the default, they must compensate the Photographer for any damage incurred due to the delay. The contractual partner also assumes the risk of storage.

10.3. In the case of necessary rescheduling (e.g., due to weather conditions), the contractual partner is obliged to pay a fee corresponding to the time reserved or efforts already made, as well as any additional costs.

11. Retention of Ownership

    11.1. Until the full payment of the agreed fee, the goods remain the property of the Photographer. The contractual partner bears all risks associated with the retained goods, especially the risk of loss, deterioration, or damage.

    11.2. Pledging or transferring ownership of the retained goods as security is prohibited for the contractual partner.

    11.3. The contractual partner is obligated to inform the Photographer before filing for insolvency so that the Photographer can reclaim the delivered goods that remain under retention of ownership.

    11.4. If the contractual partner delays payment, either in whole or in part, the Photographer is entitled to demand the return of the goods until full payment is made. In such a case, any deferred claims become immediately due.

    11.5. The assertion of retention of ownership does not constitute withdrawal from the contract unless the Photographer explicitly declares the withdrawal in writing.

12. Warranty

12.1. A defect that entitles the contractual partner to warranty claims exists only if the Photographer deviates from the contractually agreed performance. Warranty claims can only be made for defects that were already present at the time of delivery. The Photographer does not provide any guarantees beyond the statutory warranty. No warranty claims exist for performance actions based on incorrect or inaccurate instructions from the contractual partner or for damages resulting from improper or unsuitable use or handling.

12.2. The statutory warranty provisions apply. The limitation period for warranty claims is two years from the date of delivery of the goods to the contractual partner. If the Photographer is at fault for the defect, the contractual partner may, instead of asserting warranty claims, demand compensation for damages within three years from the date of knowledge of the damage and the responsible party, in accordance with § 933a ABGB.

12.3. If the rectification is carried out through a replacement delivery, the contractual partner is obliged to return the originally delivered goods to the Photographer within 14 days, at the Photographer’s expense. The return of defective goods must comply with legal regulations.

12.4. The assignment of warranty claims by the contractual partner is excluded.

13. Liability for Damages

The Photographer is liable for damages caused by his fault in accordance with statutory provisions. Claims for compensation for property damage are excluded in cases of mere slight negligence. This exclusion does not apply to damage to items entrusted to the Photographer for processing, nor to damages resulting from a breach of the Photographer's main contractual obligations.

14. Assignment

The contractual partner may only transfer their rights under this contract in whole or in part to third parties or pledge them to third parties with the prior written consent of the Photographer.

15. Data Prodection

    The Photographer collects, stores, and processes the personal data (name, address, email address, credit card details, bank transfer data, phone number, etc.) provided by the contract partner, as well as data related to the business relationship (such as order date, ordered or delivered products or services, quantity, price, delivery dates, payment and reminder data, etc.), in compliance with the provisions of the Data Protection Act, as amended, for the purpose of contract fulfillment.

    The Photographer will use the personal data provided by the contract partner exclusively for contract processing and responding to inquiries, unless the contract partner has expressly consented to further use of their data, particularly for advertising purposes.

    If there is no consent for the use of data for advertising purposes, the data will be blocked for further use after the complete fulfillment of the contract and full payment of the purchase price, and will be deleted after the statutory retention periods for tax and commercial purposes have expired.

    If consent has been given, the data will be stored for advertising purposes. The contract partner can revoke their consent to the collection, processing, and use of personal data at any time.

16. Use of Images for the Photographer's Advertising Purposes

    Unless otherwise expressly agreed in writing, the Photographer is entitled to use the photographs he has created for the promotion of his services. The contract partner gives their explicit and irrevocable consent for the publication of these images for the Photographer's advertising purposes and waives any claims, particularly those related to the right to one's own image under Section 78 of the Austrian Copyright Act (UrhG) as well as any usage rights under Section 1041 of the Austrian Civil Code (ABGB).

17. Applicable Law, Jurisdiction, Language of Contract

    17.1. For all disputes between the Photographer and the contract partner arising from the contractual relationship, including disputes regarding the formation and/or validity of the contract, Austrian law shall apply, excluding the UN Sales Convention and the conflict-of-law provisions of international private law. This choice of law applies, however, only to the extent that the protection granted by mandatory provisions of the law of the country where the contract partner has their habitual residence is not excluded.

    17.2. For any claims against a contract partner of the Photographer who resides, has their habitual residence, or place of employment within the country, jurisdiction lies with the courts of the district in which the consumer has their residence, habitual residence, or place of employment.

    17.3. The language of the contract is exclusively German.

    General Terms and Conditions for Business Transactions

    1. Applicability and Scope of the General Terms and Conditions

    1.1.These General Terms and Conditions apply exclusively to contracts concluded with entrepreneurs. An entrepreneur within the meaning of § 1 KSchG is any natural or legal person or a legally capable partnership that concludes a legal transaction in the course of exercising its independent professional or commercial activity. For contracts concluded with consumers, the General Terms and Conditions for Consumer Transactions shall apply.

    1.2.The photographer and publisher (hereinafter referred to as "the Photographer") concludes contracts exclusively on the basis of these General Terms and Conditions unless explicitly agreed otherwise.

    1.3.These General Terms and Conditions shall apply to all current and future contracts until a new version is announced and takes effect, even if no explicit reference is made to them in future agreements. By placing an order, the contractual partner acknowledges the exclusive applicability of these terms.

    1.4.The inclusion of opposing or supplementary contractual terms of the contractual partner is expressly rejected. Such terms shall only be valid if they have been agreed upon in writing in individual cases. In particular, actions taken by the Photographer to fulfill the contract shall not be considered as consent to contractual terms that deviate from these General Terms and Conditions.

    1.5.Should individual provisions of these terms and conditions be legally ineffective, invalid, and/or void, or become so during their term, this shall not affect the legal effectiveness and validity of the remaining provisions. In such cases, the ineffective, invalid, and/or void provision shall be replaced by a provision that is legally effective and valid and that comes as close as possible to the economic intent of the original provision, to the extent legally permissible. The fact that the Photographer does not exercise some or all of his rights shall not be interpreted as a waiver of these rights.

2. Offer and Conclusion of Contract

2.1.The Photographer's offers are non-binding and subject to change unless expressly designated as binding. This also applies to all information provided in price lists, brochures, etc.

2.2.An order may be placed with the Photographer either in writing (by letter, email, fax, etc.) or orally (in person or by phone). The Photographer will send the client an order confirmation (acceptance of the offer) within a reasonable period after receiving the order or inform them of its rejection. A legally binding contract between the Photographer and the client is formed upon acceptance, thereby creating mutual obligations for performance.

2.3.The client may purchase photographs and/or film works, including the usage rights stipulated in § 42 UrhG, through the online shop. Any additional usage rights must be separately agreed upon with the Photographer. The Photographer’s offer in the online shop is legally binding. The purchase contract is concluded when the order is received by the Photographer.

The ordering process begins when the client selects the desired products and adds them to the shopping cart. It is completed by clicking the purchase button at the end of the order process. Upon receipt of payment, the Photographer will provide the purchased products either by shipping them to the address provided by the client or as a downloadable file.

3. Performance of Services and Usage Authorization

3.1.The Photographer may have the order executed in whole or in part by third parties (e.g., laboratories). Unless the contractual partner provides written instructions, the Photographer is free to determine the manner of execution. This applies in particular to image composition, the selection of models, the shooting location, and the optical-technical (photographic) methods used.

3.2.Deliveries by the Photographer are made at the risk and expense of the contractual partner.

3.3.Delivery and service dates or deadlines specified by the Photographer are approximate and non-binding unless expressly confirmed in writing as binding. The failure to meet non-binding delivery or service deadlines does not entitle the contractual partner to assert claims against the Photographer.

3.4.If binding delivery dates or deadlines are agreed upon, the contractual partner—unless it concerns a fixed-date transaction as defined in section 3.5—may withdraw from the contract in the event of a delay after setting a reasonable grace period of at least two weeks. The withdrawal must be declared via a registered letter. The right of withdrawal applies only to the delayed portion of the delivery or service. Upon request by the Photographer, the contractual partner must immediately state whether they will withdraw from the contract due to the delay or insist on contract fulfillment. Claims for damages due to the Photographer’s delay are valid only if the contractual partner can prove that the Photographer caused the delay intentionally or through gross negligence, resulting in material damage. Minor delays in delivery do not justify claims for damages.

3.5.If the contract stipulates performance at a fixed time or within a fixed period, with withdrawal as a consequence of non-compliance, and the Photographer falls into default, the contract is automatically deemed terminated unless the contractual partner promptly notifies the Photographer that they insist on performance.

3.6.Claims for damages due to non-performance or delayed performance are generally excluded unless they are based on intent or gross negligence.

3.7.By acquiring a copyrighted work, whether in physical or digital form, the contractual partner obtains a simple (non-exclusive, non-exclusive) and non-transferable (non-assignable) usage authorization for the explicitly agreed-upon purpose and within the agreed limits (edition size, time, and geographical restrictions, etc.). In case of doubt, the scope of use stated on the invoice or delivery note shall be decisive. The contractual partner acquires only those rights that correspond to the disclosed purpose of the contract (order placed). Unless otherwise agreed, the usage authorization is granted for a single publication (one edition), exclusively for the explicitly designated medium of the contractual partner, and not for advertising purposes. Additionally, in accordance with § 42 UrhG, the contractual partner is entitled to create individual copies for personal and private use.

3.8.The usage authorization is only granted upon full payment of the agreed recording and usage fees (see section 6.2.) and provided that proper attribution/credit is given in accordance with section 4.3.

4. Copyright Provisions

4.1.Photographs and film works are copyright-protected works within the meaning of §§ 1, 3, and 4 UrhG. All copyright and related rights of the producer (§§ 14ff, 73ff UrhG) are exclusively vested in the Photographer. With the exception of the rights specified in § 42 UrhG, the Photographer holds the exclusive exploitation rights, meaning the sole right to reproduce, distribute, publicly present using optical devices, broadcast, and make the photograph available to the public. Any use is only permitted under the conditions of a usage authorization granted by the Photographer (see section 3.7.). § 75 UrhG does not apply.

4.2.Reproduction or distribution of photographs/films in online databases, electronic archives, on the Internet, or in intranets—unless exclusively for the internal use of the contractual partner—as well as on diskettes, CD-ROMs, or similar data carriers, is only permitted based on a special written agreement between the Photographer and the contractual partner. The right to create a backup copy remains unaffected.

4.3.For every use (reproduction, distribution, broadcasting, etc.), the contractual partner is required to clearly and legibly (visibly), without inversion and in standard lettering, display the producer designation (credit) or copyright notice in accordance with the WURA (Universal Copyright Convention), directly adjacent to the photograph and clearly attributable to it, as follows:Photo: © ... Name/Company/Artist Name of the Photographer, Location, and—if published—the year of first publication.This requirement applies even if the photograph does not bear a producer designation. In any case, this provision is considered compliance with the producer attribution requirement under § 74(3) UrhG. If the photograph is signed on the front (within the image), this signature does not replace the above-described producer credit.

4.4.Any modification of the photograph requires the Photographer’s written consent. This does not apply if the modifications are necessary for the intended contractual purpose known to the Photographer.

4.5.In the event of publication, two free specimen copies must be provided. For high-cost products (art books, video cassettes), the number of required copies is reduced to one. If published online, the contractual partner must inform the Photographer of the web address.

4.6.If copyright and/or related rights are infringed, the Photographer is entitled to civil claims under §§ 81ff UrhG, including injunctive relief, removal, damages, publication of a court ruling, etc. These claims exist regardless of fault. In the event of a violation of the producer attribution requirement, the Photographer is entitled to compensation for non-material damage (§ 87(2) UrhG) of at least an amount equal to reasonable remuneration (§ 86 UrhG), in addition to any financial damages (§ 87(1) UrhG).

5. Ownership of Film Material and Image Files, Labeling, Archiving

5.1. Analog Photography:The ownership rights to exposed film material (negatives, slides, etc.) remain with the Photographer. The Photographer grants the contractual partner ownership of the necessary images for the agreed usage in exchange for an appropriate and agreed-upon fee. Unless otherwise agreed in writing, slides are provided to the contractual partner on loan, to be returned after use, at the contractual partner’s risk and expense, for use within the scope of the usage authorization as per section 3.7.

5.2. Digital Photography:Ownership of digital image files remains with the Photographer. The right to receive digital image files and use them within the scope of the usage authorization under section 3.7. exists only through an explicit written agreement. In the absence of any contrary agreement, this right applies only to a selection of the produced image files, mutually agreed upon by the Photographer and the contractual partner.

5.3. Labeling:The Photographer is entitled to mark photographs and digital image files with a producer designation in any manner deemed appropriate (including on the front). The contractual partner is required to maintain the integrity of the producer designation, especially when permitted to share the images with third parties (printers, etc.). If necessary, the producer designation must be applied or renewed. This requirement applies in particular to all reproduction materials created during production (lithographs, plates, etc.) and when making copies of digital image files.

5.4. Digital Image Storage:The contractual partner must store digital photographs in such a way that the producer designation remains electronically linked to the images during any form of data transmission, ensuring that the Photographer remains clearly and unambiguously identifiable as the copyright holder.

5.5. Archiving:The Photographer will archive the recordings for a period of one year without any legal obligation. In the event of loss or damage, the contractual partner shall have no claims against the Photographer.

6. Compensation (Work Fee, Honorarium)

6.1. General Fee Structure:Unless otherwise agreed in writing, the Photographer is entitled to receive compensation (honorarium) for their services based on their current price lists.

6.2. Types of Fees:The Photographer is entitled to a shooting fee, which also applies to layout or presentation shots, as well as in cases where the images are not used or their usage is subject to third-party approval. In such cases, no price reductions will be granted on the shooting fee.

Additionally, when selling photographs or films, the Photographer is entitled to a sales fee. If usage rights exceeding those stipulated in § 42 UrhG are granted, a separate usage fee (licensing fee) must be agreed upon.

6.3. Additional Costs:Conceptual services (e.g., consulting, layout, and other graphic design work), material costs, and other expenses for props, models, travel, accommodation, makeup artists, etc., are not included in the shooting fee and will be charged separately. The same applies to any above-average organizational or meeting expenses.

6.4. Pricing and Additional Charges:All prices are quoted in euros and are understood as “ex works,” excluding VAT at the applicable statutory rate and any additional costs such as postage, packaging, freight, customs duties, insurance, etc.

6.5. Changes Requested by the Client:Any modifications to the order requested by the contractual partner during the execution of the assignment will be at their expense and billed separately.

6.6. No Obligation for Future Orders.The Photographer is not bound to maintain previous prices for follow-up orders.

6.7. Cost Estimates:The Photographer does not guarantee the accuracy of cost estimates.

7. Payment

7.1. Unless a payment term has been expressly agreed upon in writing, the fee is due for payment immediately upon invoicing. If a payment term has been agreed, the issued invoices must be paid in full, free of charges and deductions, within a maximum of 8 business days from the date of invoicing.

7.2. The photographer is entitled to request an advance payment from the client before commencing the execution of the order and to issue partial invoices for orders involving divisible services.

7.3. The photographer is entitled to apply payments, regardless of their designation, to the settlement of the oldest outstanding debt, including any accrued default interest and costs, in the following order: costs, interest, principal amount.

7.4. In the event of late payment, default interest of 5% above the base interest rate per annum, as well as compound interest at the statutory rate, will be charged, regardless of fault. Furthermore, the contracting party is obliged to reimburse the photographer for all costs incurred in the appropriate collection of the claim, such as attorney fees and collection agency costs, and to compensate for any additional damage, particularly any damage resulting from higher interest rates on any credit accounts due to non-payment. This includes a flat-rate compensation of €40.00 for collection costs in accordance with § 458 UGB.

7.5. If the contracting party is in default with a (partial) payment or if circumstances become known that could impair the contracting party’s creditworthiness (e.g., the initiation of insolvency proceedings or the rejection of an insolvency application due to insufficient assets), the photographer is entitled to declare all outstanding but not yet due invoices immediately payable, to withhold any outstanding deliveries or services until full payment of the due claims, and to execute them only against advance payment or security deposit. If the contracting party fails to fulfill these obligations, the photographer is entitled to withdraw from all contracts concluded with the contracting party without granting a grace period. This does not affect the right to reclaim products delivered under retention of title at the contracting party’s expense or to assert claims for damages.

7.6. The contracting party is only entitled to offset its own claims against the photographer if the photographer is insolvent and the contracting party’s claim is legally connected to its obligation, or if the claim has been legally established by a court or recognized by the photographer.

7.7. The contracting party's right to withhold payment against the photographer’s claims due to defective performance or the assertion of warranty claims is expressly excluded.

8. Obligations of the Contracting Party

8.1. The contracting party is obliged, if necessary, to assist in the fulfillment of the order and to support the photographer to the best of their ability. The contracting party is responsible for obtaining any necessary third-party usage rights regarding depicted items (e.g., works of visual art, designs and models, trademarks, photographic templates, etc.) and obtaining consent for the depiction of persons (e.g., models). The photographer guarantees the consent of rights holders, particularly models, only if expressly confirmed in writing for the contractual purposes (Section 3.7.).

8.2. Indemnification: The contracting party agrees to fully indemnify and hold the photographer harmless from any claims by third parties, should they be pursued civilly or criminally, or held accountable in court or out of court due to violations of legal provisions or the actions of the contracting party.

8.3. In the case of engaging the photographer for the electronic editing of third-party photographs, the contracting party assures that they possess the necessary rights and releases the photographer from any claims by third parties resulting from a breach of this obligation.

8.4. The contracting party agrees to collect any provided objects immediately after the photo shoot. If these objects are not collected within two business days after being requested by the photographer, the photographer is entitled to store the items at the contracting party’s expense.

9. Delay in Acceptance, Withdrawal of the Contracting Party

9.1. If the contracting party fails to accept the service at the agreed time and place, or if the photographer's performance is delayed or made impossible, the contracting party is in default of acceptance. In this case, the photographer is entitled, after setting a reasonable grace period of 14 days, to withdraw from the contract or – without prejudice to further claims for damages – insist on the fulfillment of the contract. The photographer is also entitled to withdraw from the contract if the contracting party continues to breach essential contractual obligations (such as duties of cooperation, payment of deposits or partial payments) despite a written warning and a 14-day grace period. If the photographer is entitled to withdraw from the contract, the photographer is entitled to the agreed fee plus all actually incurred additional costs unless otherwise agreed.

9.2. In the event of a delay in acceptance, the contracting party is responsible for any storage costs as well as the costs for unsuccessful delivery and collection. If the contracting party is at fault for the delay in acceptance, they must also compensate the photographer for the damage caused by the delay. The contracting party bears the risk of storage.

9.3. In the case of absolutely necessary schedule changes (e.g., due to weather conditions), a fee corresponding to the time spent or reserved in vain, along with all additional costs, must be paid.

10. Retention of Title

10.1. The goods remain the property of the photographer until the full payment of the fee. The contracting party assumes all risks for the retained goods, particularly the risk of destruction, loss, or deterioration.

10.2. The contracting party is authorized to dispose of the purchased goods in the ordinary course of business.

10.3. The pledge or transfer of the retained goods as security is prohibited for the contracting party.