General Terms and Conditions

I. Scope of Application

1. These General Terms and Conditions (GTC) apply to all assignments, offers, deliveries, and services provided by the photographer.

2. The GTC are deemed agreed upon once the clients accept the photographer's delivery, service, or offer—at the latest, upon use of the photographic material.

3. If clients object to the GTC, this must be done in writing within three working days, but no later than before the assignment is carried out. Deviating terms are only valid if confirmed in writing by the photographer.

4. These GTC also apply to future assignments unless expressly agreed otherwise.

5. Photographs within the meaning of these GTC include all works created by the photographer, regardless of medium or format.

II. Copyright and Usage Rights

1. The photographer holds the copyright to all photographs in accordance with copyright law.

2. The created works are intended for the private use of the clients unless otherwise agreed.

3. Usage rights are transferred as simple (non-exclusive) rights unless expressly stated otherwise. Any transfer to third parties requires a separate agreement. Usage rights are only granted for works that are contractually accepted by the clients—not for preview or selection images.

4. Usage rights are only transferred after full payment of all due amounts.

5. Clients may use and reproduce the photographs for private purposes.

6. The photographer may use the works for self-promotion unless otherwise agreed.

7. Raw data (RAW files) and unprocessed images remain with the photographer.

III. Photographic Material (Analog and Digital)

1. These GTC apply to all provided photographic materials, including digital files.

2. Clients acknowledge the photographer's copyright.

3. Complaints must be submitted in writing within two weeks of receiving the material; otherwise, the material is deemed proper, contractually compliant, and accepted as delivered.

IV. Compensation, Retention of Title, Storage

1. Cost estimates provided by the photographer are non-binding. The photographer retains all rights to any estimates, drawings, graphics, plans, and other documents. These may not be shared with third parties. If no assignment follows, such materials must be deleted immediately.

2. Compensation is based on hourly rates, daily rates, or fixed fees. Additional costs (e.g., travel, models, props) are borne by the clients.

3. Delivered works and data carriers remain the property of the photographer until full payment of all claims from the business relationship is received.

4. Clients are familiar with the photographer's photographic and artistic style and understand their images will be edited in a similar style. Complaints about artistic choices are excluded unless specific instructions were given.

5. Post-editing by clients is only allowed with written permission.

6. The photographer is not obligated to store image data long-term unless otherwise agreed.

V. Liability

1. Liability is limited to intent and gross negligence, except for damages to life, body, or health.

2. The photographer is only liable for the durability of materials within the scope of manufacturer warranties.

3. Shipping and return are at the risk and expense of the clients.

VI. Ancillary Duties

1. Clients confirm they have the rights to reproduce, modify, and distribute all materials provided to the photographer and, in the case of portrait images, have obtained consent from depicted individuals for publication and distribution. Clients shall indemnify the photographer from any third-party claims resulting from breaches of this obligation.

2. Clients must ensure that all relevant information is provided in a timely manner.

3. Objects to be photographed must be made available on time and collected afterward. If clients fail to collect them within two working days after notification, the photographer may charge storage fees or store them elsewhere at the client's expense. After 14 days, the risk of accidental loss or damage transfers to the client.

VII. Disruption of Performance, Cancellation Fee, Damages

1. Delivery dates are only binding if explicitly agreed upon.

2. Delays not caused by the photographer may lead to additional charges.

3. Unauthorized use or modification results in a contractual penalty of twice the usage fee, with a minimum of €200 per instance.

4. The photographer agrees to promptly process and deliver the photographs.

5. If the client cancels a booking, the photographer is entitled to a cancellation fee. Unless otherwise agreed in advance, this is calculated as follows:

• From the 15th day after contract signing: 25% of the total amount

• 3–7 days before the scheduled date: 50% of the total amount

• From 2 days before the scheduled date: 100% of the total amount

VIII. Data Protection

1. The photographer stores personal data for contract processing and treats it confidentially.

IX. Delivery Times and Complaints

1. Standard delivery time: 3 weeks; for weddings: 6–8 weeks. Delays caused by external factors are not grounds for complaints. Seasonal peaks may cause delays. Such delays—as well as force majeure, operational disruptions, lab or shipping delays—do not constitute a valid reason for complaints.

2. The photographer is not liable for quality losses caused by external print service providers.

X. Final Provisions

1. Place of fulfillment and jurisdiction is the photographer’s registered office.

XI. Severability Clause

1. If any provision of these GTC is invalid, the validity of the remaining provisions remains unaffected.
   The invalid provision will be replaced by a legal regulation.