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Conditions
I. GENERAL
The following terms and conditions apply to all orders placed with the photographer. They are deemed to have been agreed if they are not contradicted immediately.
"Photographs" in the sense of these terms and conditions are all products manufactured by the photographer, regardless of the technical form or medium in which they were created or
exist. (Negatives, slide positives, paper images, still videos, electronic still images in digitized form, videos, etc.)
II. COPYRIGHT
The photographer is entitled to the copyright on the photographs in accordance with the copyright law.
The photographs produced by the photographer are only intended for the client's own use.
If the photographer transfers rights of use to his works, then - unless expressly agreed otherwise - only the simple right of use applies
transfer. A transfer of usage rights requires the special agreement.The rights of use are only transferred to the photographer after the fee has been paid in full.
The buyer of a picture within the meaning of § 60 UrhG has no right to reproduce and distribute the picture if the corresponding rights of use have not been transferred
have been. § 60 UrhG is expressly excluded.Unless otherwise agreed, the photographer can request to be named as the author of the photo when using the photos.
A violation of the right to be named entitles the photographer to compensation.The negatives remain with the photographer. The negatives will only be released to the client with a separate agreement.
III. REMUNERATION, RETENTION OF TITLE
For the production of the photographs, a fee will be charged as an hourly rate, daily rate or an agreed flat rate plus statutory VAT;
Additional costs (travel costs, model fees, expenses, props, laboratory and material costs, studio rent, etc.) are to be borne by the client. Towards end consumers
the photographer shows the final prices including VAT.Invoices due are payable within 14 days without any deductions. The client is in default if he does not receive due invoices no later than 30 (in words:
thirty) days after receipt of an invoice or an equivalent request for payment. The photographer reserves the right to cancel the delay by issuing a
To bring about a reminder at an earlier point in time.The delivered photographs remain the property of the photographer until the purchase price has been paid in full.
If the client has not given the photographer any express instructions regarding the design of the photographs, complaints regarding the
Image perception and artistic-technical design excluded.
If the client wishes changes during or after the recording production, he has to bear the additional costs. The photographer retains the right to remuneration
work already started.
IV. LIABILITY
The photographer is liable for himself and himself for the breach of obligations that are not directly related to essential contractual obligations
Agents only in the event of willful intent and gross negligence. He is also liable for damage resulting from injury to life, limb or health as well as from the
Violation of essential contractual obligations that he or his vicarious agents have caused by culpable breach of duty. For damage to objects being photographed,
Unless otherwise agreed, the photographer is liable for templates, films, displays, layouts, negatives or data only in the event of willful intent and gross negligence.
2. The photographer keeps the negatives carefully. He is entitled, but not obliged, to accept the negatives he has kept three years after the contract was completed
destroy. Before the destruction, he notifies the client and offers him the negatives for sale.The photographer is only liable for light resistance and durability of the photos within the framework of the guarantee of the manufacturer of the photo material.
The sending and return of films, pictures and templates is at the expense and risk of the client. The client can determine how and through
who the return is made.
V. SECONDARY OBLIGATIONS
The client assures that he has the right of reproduction and distribution as well as the right to reproduce and distribute persons in the case of portraits of persons
Has the consent of the persons shown for publication, duplication and distribution. Claims for compensation from third parties based on the violation of this obligation,
is borne by the client.The client undertakes to make the objects available in good time and to pick them up again immediately after they have been taken. Get the client
If requested, the objects to be photographed are not removed after two working days at the latest, the photographer is entitled to charge storage costs if necessary or in the event of blocking
to outsource the objects to his studio at the expense of the client. Transport and storage costs are borne by the client.
VI. PERFORMANCE FAILURE, CANCELLATION FEE
If the photographer gives the client several photos to choose from, the client has the unselected photos within one week of receipt -
if no longer time has been agreed - return at your own risk and expense. The photographer can reimburse lost or damaged photographs, provided that they are lost
or is not responsible for the damage, demand payment.If the photographer provides the client with images from his archive, the client has the unselected images within one month of receipt
Client to return the selected ones within one month of use. If the client is in default with the return, the photographer can send a
Charge a blocking fee of 1 (in words: one) euro per day and image, unless the client can prove that no damage was caused or that it was lower
than the lump sum for damages. In the event of loss or damage that prevents further use of the images, the photographer can demand compensation. Of the
Compensation for damages is at least 1000 (in words: one thousand) euros for each original and 200 (in words: two hundred) euros for each duplicate, unless the
Client proves that no damage was caused or that it was lower than the flat rate damage. The photographer retains the right to claim higher damages
Reserved.If the time allotted for the execution of the order is significantly exceeded for reasons for which the photographer is not responsible, the fee increases
of the photographer, if a flat rate was agreed, accordingly. If a time fee has been agreed, the photographer will also receive the agreed hours for the waiting time.
or daily rate, unless the client can prove that the photographer did not suffer any damage. In the event of intent or negligence on the part of the client, the
Photographer also assert claims for damages.Delivery dates for photographs are only binding if they have been expressly confirmed by the photographer. The photographer is only liable for exceeding the deadline
Willful misconduct and gross negligence.
VII. DATA PROTECTION
Personal data of the client required for business transactions can be saved. The photographer undertakes to provide everything to him in the context of the order
to treat information that has become known confidentially.
VIII. DIGITAL PHOTOGRAPHY
The digitization, storage and duplication of the photographs of the photographer on data carriers of all kinds requires the prior written consent of the
Photographers.The transfer of usage rights does not include the right to store and reproduce if this right has not been expressly transferred.
IX. IMAGE EDITING
The processing of photographs of the photographer and their duplication and distribution, analog or digital, requires the prior consent of the photographer. Arises
If a new work is created by photo composing, montage or other electronic manipulation, this must be marked with [M]. The authors of the works used and the
The authors of the new work are co-authors within the meaning of Section 8 of the Copyright Act.The client is obliged to digitally save and copy photos of the photographer in such a way that the name of the photographer is electronically linked to the image data
becomes.The client is obliged to make this electronic link in such a way that it can be used for any type of data transmission, for each display on screens,
is retained in all types of projections, especially in every public reproduction, and the photographer as the author of the images can be clearly and unambiguously identified.The client assures that he is entitled to commission the photographer with the electronic processing of third-party photographs, if he has one
Order placed. He releases the photographer from all claims by third parties based on the violation of this obligation.
X. USE AND DISTRIBUTION
The dissemination of photographs of the photographer on the Internet and in intranets, in online databases, in electronic archives, not only for internal use
of the client are intended to be on diskette, CD-ROM or similar data carriers is only due to a special agreement between the photographer and the
Client permitted.The dissemination of digitized photographs on the Internet and intranets and on data carriers and devices that are used for public display on screens or for
Production of soft and hard copies are suitable, requires the prior written consent of the photographer.The duplication and distribution of edits made electronically by the photographer require the prior written consent of the
Photographers.The photographer is not obliged to surrender data carriers, files and data to the client unless this has been expressly agreed in writing.
If the client wishes the photographer to provide him with data carriers, files and data, this must be agreed and paid for separately.
If the photographer has made data carriers, files and data available to the client, these may only be changed with the prior consent of the photographer.
The customer is responsible for the risk and costs of transporting data carriers, files and data online and offline; the way of transmission can be the
Determine contractor.
XI. FINAL PROVISIONS
The place of performance for all obligations arising from the contractual relationship is the photographer's registered office if the contractual partner is not a consumer.