General terms and conditions for photographic work (weddings)

 

 

1. Applicability of the general terms and conditions

"The Wedding Photographer or Filmmaker" only concludes a service contract based on these general terms and conditions. By placing the order, the customer acknowledges their applicability. Deviating agreements can only be made legally effective in writing. These general terms and conditions take precedence over the terms and conditions of the client or the agent.

2. Copyright Regulations

2.1 The photographer is entitled to all copyrights and ancillary copyrights of the photo producer (§§1, 2 Abs. 2, 73ff UrhG). Permissions to use (publication rights, etc.) are only granted if expressly agreed. In this case, the contractual partner acquires a simple (non-exclusive and non-exclusive), non-transferable (assignable) license for the expressly agreed purpose and within the agreed limits (circulation number, time and location restrictions, etc.); in case of doubt, the scope of use specified in the invoice or in the order confirmation or delivery note is decisive. In any case, the contractual partner only acquires as many rights as correspond to the disclosed purpose of the contract (placed order). In the absence of any other agreement, the license to use is only valid for a one-off publication (in one edition), only for the medium expressly designated by the client and not for advertising purposes. Private wedding pictures for the purpose of private publication are explicitly excluded from this.

2.2 Any change to the photo requires the photographer's written consent. this applies only then Notif the change is necessary according to the purpose of the contract known to the photographer, or These are private wedding photos that are used purely for private purposes.

2.3 The usage license is only valid in the case of full payment of the agreed admission and usage fee.

2.4 Instead of § 75 UrhG, the general regulation of § 42 UrhG applies.

2.5 In the case of commercial (on account) publication, two free specimen copies are to be sent. In the case of expensive products (art books, video cassettes) the number of specimen copies is reduced to one piece.

3. Ownership of Footage - Archival

3.1 The photographer is entitled to ownership of the exposed film material (negatives, digital negatives, etc.). In return for an agreed and appropriate fee, the latter transfers ownership of the supervisory images required for the agreed use to the contractual partner.

3.2 The photographer will archive the recording for up to 6 weeks without any legal obligation. In the event of loss or damage, the contractual partner is not entitled to any claims.

4. Third party claims

In order to obtain any necessary consent for objects shown (e.g. works of fine art, samples and models, brands, photographic templates, etc.) or persons (e.g. models, guests, servants) or buildings (castles, muses, gardens, etc.), the contracting party has to care. He holds the photographer harmless in this regard, in particular with regard to the claims according to § 78 UhrG. The photographer guarantees the consent of authorized persons (authors, depicted persons, etc.), in particular of models, only in the case of express written consent for the contractual purposes (point 2.1).

Personal photo consent according to the European General Data Protection Regulation (Art. 6 GDPR): The client indemnifies the contractor from any claims of the wedding guests and ensures that people who fundamentally do not agree or object to a photograph, the storage of digital data and the publication, for example in an online gallery of the bridal couple are present or in the photo area on small group & group pictures etc. In order not to erroneously take portrait photographs of the persons not to be photographed, the client must take appropriate measures so that the photographer can easily recognize that the person is not allowed to be photographed. The contractor will photograph the guests on behalf of the client and within the scope of the order placed and must therefore assume that all guests and those present are informed about this, and a photograph (photograph), storage (digital, SSD, USB, etc.) of the data as well as storage (in particular downloading the wedding pictures on the Internet) and online publication (e.g. in a password-protected online gallery that the bridal couple receives, etc.). Furthermore, my data protection declaration applies here Find.

The customer unreservedly agrees to the publication of the photos taken by him on the Internet or other media for self-promotion and presentation of the working method and waives in advance any rights that he may derive from the General Terms and Conditions and GDPR with regard to publication as well as financial compensation. If publication is not desired, this must be explicitly stated in writing in the order confirmation/invoice under the item: “Other”; verbal ancillary agreements are not valid.

 

5 Loss and Damage

5.1 In the event of loss of or damage to photographs (slides, negative material, digital data carriers) produced to order, the photographer shall only be liable – based on whatever legal title – for intent and gross negligence. Liability is limited to your own fault and that of your employees; for third parties (laboratories, etc.), the photographer is only liable for intent and gross negligence in the selection. Any liability is limited to the cost of materials and the free repetition of the recordings (if and to the extent that this is possible). The client is not entitled to any further claims; In particular, the photographer is not liable for travel and accommodation expenses incurred or for third-party costs (models, assistants, make-up artists and other recording staff) or for lost profits and consequential damages.

5.2 Point 5.1 applies accordingly in the event of loss or damage to submitted templates (films, layouts, display pieces, other templates, etc.) and handed over products and props. More valuable items are to be insured by the contract partner.

5.3 A valorisation of the stated amounts is reserved.

6 Performance and Warranty

6.1 The contractor will carry out the order placed within the service contract carefully within the booked time. He can also have the order – in whole or in part – carried out by third parties (laboratory, fellow bartenders, etc.). If the contractual partner does not issue any written instructions, the photographer is free to choose how the order is to be carried out. This applies primarily to the image conception, the selection of photo models, people, guests, the location and the optical-technical (photographic) means used. Deviations from earlier deliveries do not constitute a defect as such.

6.2 There is no liability for defects that can be traced back to incorrect or imprecise instructions from the contractual partner. In any case, the photographer is only liable for intent and gross negligence.

6.3 The contractual partner bears the risk for all circumstances that are not related to the person of the photographer, such as the timely provision of products and props, failure of models, travel restrictions, traffic conditions, weather conditions for outdoor shots, etc.

6.3.1 For events lasting more than 4 hours, the photographer must be provided with food and drink within the usual framework.

6.4 Shipments travel at the expense and risk of the contractual partner.

6.5 All complaints must be made in writing or in text form within 14 days of delivery at the latest and all documents must be presented. After this period has expired, the service is deemed to have been provided in accordance with the order. The warranty period is three months.

6.6 In the event of a defect, the contractual partner is only entitled to one improvement claim by the photographer. If an improvement is impossible or if it is rejected by the photographer, the contractual partner is entitled to a price reduction. We are not liable for insignificant defects. Color differences in reorders are not considered a significant defect. Point 6.1 applies accordingly.

6.7 Fixed deals are only available if expressly agreed in writing. In the case of delivery delays, 6.1 applies accordingly.

6.8 The fee and license fee claims are valid regardless of whether the material is (still) protected under copyright and / or ancillary copyright law.

6.9 Recordings cannot be carried out, e.g. due to force majeure, for example, if an external event has no operational connection and cannot be averted even with the utmost care that could reasonably be expected, ie war, civil unrest, strike, official orders, epidemics, Pandemics or natural disasters or similarly serious events occur.

 

7. fee

7.1 In the absence of an express written agreement, the photographer is entitled to a fee according to his currently valid price lists, otherwise an appropriate fee according to the MFM table for image fees in the case of unauthorized publications.

7.2 The fee is also due for layout or presentation recordings as well as if there is no utilization or depends on the decision of a third party. In this case, no price reductions will be granted on the admission fee.

7.3 Changes requested by the contractual partner in the course of carrying out the work shall be borne by the contractual partner.

7.4 Conceptual services (advice, layout, other graphic services, etc.) are not included in the admission fee. The same applies to an above-average organizational effort or such a meeting effort, and digital processing is not included in the admission fee (unless otherwise regulated in the order confirmation and / or invoice).

7.5 If the contractual partner refrains from carrying out the order placed for whatever reason, the photographer is entitled to at least 30 % of the fee plus all incidental costs actually incurred. If it is absolutely necessary to change the date (e.g. due to weather conditions), a fee corresponding to the time spent or reserved in vain and all additional costs must be paid. Further details are regulated under point 7.9, point 8.0 and point 8.1.

7.6 Unless otherwise expressly agreed in writing, the photographer is entitled to a separate publication fee in the agreed or appropriate amount in the event that a license is granted.

7.7 The publication and / or fee for commercial clients is understood to include sales tax at the statutory rate.

7.8 Irrespective of all legal claims under §§ 81ff and 91ff UrhG, the following applies in the event of an infringement of copyright and/or ancillary copyrights to the contractual recordings: Claims under § 87 UrhG are independent of fault. In the event of an infringement of the right to a manufacturer's designation, the immaterial damage (Section 87 (2) UrhG), subject to additional financial loss (Section 87 (1) UrhG), is at least equivalent to the reasonable remuneration (Section 86 UrhG). The right to information according to § 87a Abs. 1 UrhG also applies to the right to removal.

7.9 If an order cannot be carried out for reasons for which the photographer is not responsible, for example due to force majeure, the photographer can - without the need for proof of damage - charge a cancellation fee of 30 % of the agreed fee.

 

8. Payment terms and cancellation costs

8.0 In the absence of other express written agreements, an appointment reservation fee of 30 % of the expected invoice amount from the service contract is to be paid when the order is placed. When paying via PayPal, the client bears the PayPal fees of 2.5 % of the invoice amount. Unless otherwise expressly agreed in writing, the remaining fee is due for payment immediately after invoicing. The invoices are payable without any deduction and free of charges. In the case of sending (postal order, bank or postal savings bank transfer, etc.), the payment is only deemed to have been made when the payment has been received. The risk of judicial submissions (lawsuits, enforcement motions) being sent by post is borne by the contractual partner. If the contractual partner (client) refuses acceptance due to defective performance or asserts warranty claims, the fee is nevertheless due for payment.

8.1 Withdrawals or cancellations of binding reservations must be in text form and must be confirmed by the contractor. Cancellation free of charge is no longer possible after completion. In the case of cancellations of confirmed orders, the following cancellation fees apply as agreed:

• Phase 1 = 30 %
• Stage 2 = 75 %
• Phase 3 = 100 %

Phase 1: Valid from the day of the order until four months before the day of the event.
Phase 2: Applies from the fourth month up to four weeks (30 calendar days) before the day of the event.
Phase 3: Applies from the fourth week up to the day of the event.

8.2 In the case of orders that comprise several units, the photographer is entitled to invoice each individual service after delivery.

8.3 In the event of default, interest and compound interest in the amount of 5 % above the respective interest rate of the Bundesbank from the due date apply as agreed - without prejudice to excess claims for damages.

8.4 Dunning fees and the costs - including out-of-court - legal intervention shall be borne by the contractual partner.

8.5 If the delivered images become the property of the contractual partner, this will only happen once the recording fee has been paid in full, including ancillary costs.

9. Right of withdrawal / final provisions

9.0 The regulations on distance contracts do not apply, since the wedding photographer undertakes to provide the service at a certain point in time (§ 312b Paragraph 3 No. 6 BGB). This means that the client has no cancellation or right of return. When ordering an individually made presentation product (e.g. photo book or wedding album), there is also no right of revocation or right of return, since the products are made according to the customer's specifications and are tailored to his personal needs (§312d Paragraph 4 No. 1 BGB).

Out-of-court dispute resolution. Legal obligation to provide information on consumer dispute settlement in accordance with Section 36 of the Consumer Dispute Settlement Act (VSBG): Due to the size of the company, there is no participation in dispute settlement proceedings before a consumer arbitration board. The online dispute settlement platform of the European Union can be reached here: http://ec.europa.eu/consumers/odr/ Incidentally, the wedding photographer is much more interested in clarifying any disputes with customers in direct contact.

9.1 The place of fulfillment and jurisdiction is the photographer's place of business. In the event of a relocation, lawsuits can be brought to the old and the new company headquarters.

9.2 The Product Liability Act (PHG) is not applicable; in any case, liability for damage other than personal injury is excluded if the contract partner is an entrepreneur. In addition, German law is applicable, which also takes precedence over international sales law.

9.3 Indemnification and indemnification also include the costs of out-of-court legal defense.

9.4 These general terms and conditions apply to film works or motion pictures commissioned by photographers, regardless of the process and technology used (digital, narrow film, medium format, video, DAT, etc.).

9.5 There is agreement between the parties that a service contract according to § 611 BGB and not a contract for work was concluded.

9.6 These general terms and conditions do not apply insofar as mandatory provisions of the KSchG conflict. Partial invalidity of individual provisions (of the contract) does not affect the validity of the remaining contractual provisions. Should a provision of this contract be ineffective, the validity of the remaining provisions shall not be affected. The parties undertake to replace an ineffective provision with an effective provision that comes as close as possible to these provisions. (Severability clause).

If the provisions have not become part of the contract or are ineffective, the content of the contract is based on the statutory provisions.

AGB Weddings Multi Media Design Patrick Schmetzer 05.08.2021 V1.1