General terms and conditions for photographic work (weddings)
- Applicability of the general terms and conditions
“The wedding photographer or filmmaker” only concludes a service contract on the basis of these general terms and conditions. By placing the order, the client 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 intermediary.
- Copyright Regulations
2.1 The photographer is entitled to all copyrights and ancillary copyrights of the photo manufacturer (§§1, 2, Paragraph 2, 73ff UrhG). Usage permits (publication rights, etc.) are only deemed to have been 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 (number of copies, time and location restrictions, etc.); in case of doubt, the scope of use stated 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 corresponds to the disclosed purpose of the contract (issued order). In the absence of any other agreement, the license is only valid for a single publication (in one edition), only for the client's expressly designated medium 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.
- 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 contracting party shall leave the control images required for the agreed use into the property of 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.
- 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).
The customer unreservedly agrees to the publication of the photos he has taken on the Internet or other media for self-promotion and presentation of the working method and waives in advance any rights that may be derived from the General Terms and Conditions and GDPR regarding publication as well as financial compensation. If publication is not desired, this must be explicitly noted in writing in the order confirmation / invoice under the point: “other”, verbal subsidiary agreements are not valid.
5 Loss and Damage
5.1 In the event of loss or damage to recordings made on order (slides, negative material, digital data carriers), the photographer is only liable - regardless of the legal title - for willful intent and gross negligence. Liability is limited to his own fault and that of his 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 material costs and the free repetition of the recordings (if and as far as 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 profit and consequential damage.
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 carefully execute the order placed within the service contract within the booked time. He can also have the order carried out - in whole or in part - by third parties (laboratory, co-manager, etc.). If the contractual partner does not make any written instructions, the photographer is free to decide how the order is to be carried out. This applies in particular to the image perception, 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 the responsibility of the photographer, such as the timely provision of products and props, failure of models, travel hindrances, traffic conditions, weather conditions when taking photos outside, etc.
6.3.1 For events that last more than 4 hours, the photographer is to be adequately supplied with food and drinks 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 Impracticability of the recordings, for example due to force majeure, is present, for example, if an external event that has no operational connection and cannot be averted even with the utmost reasonable care, "ie war, civil unrest, strike, sovereign orders, epidemics , Pandemics or natural disasters or similar serious events occur.
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, in the case of unauthorized publications, an appropriate fee according to the mfm table for image fees.
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 for whatever reason, the photographer is entitled to at least 30% of the fee plus all incidental costs actually incurred. In the case of an absolutely necessary change of date (e.g. due to weather conditions), a fee corresponding to the time spent or reserved in vain and all ancillary 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 Without prejudice to all legal claims according to §§ 81ff and 91ff UrhG, the following applies in the event of a violation of copyrights and / or ancillary copyrights to the contractual recordings: The claims according to § 87 UrhG are due regardless of fault. In the event of a violation of the right to a manufacturer's name, non-pecuniary damage (Section 87 (2) UrhG), subject to additional financial loss (Section 87 (1) UrhG), is entitled to at least an amount equivalent to the appropriate 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 in the amount of 30% of the agreed fee.
- Payment terms and cancellation costs
8.0 In the absence of other express written agreements, an appointment reservation fee in the amount of 30% of the expected invoice amount from the service contract must be paid when the order is placed. When paying by PayPal, the client bears the PayPal fees in the amount of 2.5% of the invoice amount. Unless otherwise expressly agreed in writing, the remaining fee is due for payment immediately after the invoice has been submitted. The invoices are payable without any deduction and free of charge. In the case of sending (postal order, bank or postal savings bank transfer, etc.), payment is only deemed to have been made when the incoming payment has been booked. The risk of submitting judicial submissions by post (lawsuits, applications for enforcement) is borne by the contractual partner. If the contractual partner (client) refuses acceptance due to poor performance or if he asserts warranty claims, the fee is due for payment nonetheless.
8.1 Withdrawals or cancellations of binding reservations must be made in writing and must be confirmed by the contractor. Cancellation free of charge is no longer possible after completion. In the event of the cancellation of confirmed orders, the following cancellation fees apply as agreed:
- Phase 1 = 30%%
- Phase 2 = 75%
- Phase 3 = 100%
Phase 1: Applies from the day of the order up to 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 - irrespective of any excessive claims for damages - interest and compound interest in the amount of 5% above the respective interest rate of the Bundesbank from the due date are deemed to have been agreed.
8.4 Reminder fees and the costs - including extrajudicial - legal intervention are borne by the contract 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.
- Right of withdrawal / final provisions
9.0 The regulations on distance sales contracts do not apply, as the wedding photographer undertakes to provide the service at a certain point in time (Section 312b (3) No. 6 BGB). This means that the client has no right of cancellation or return. When ordering an individually made presentation product (e.g. photo book or wedding album), there is also no right of revocation or return, as 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 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 accordingly to films or moving images produced by order, regardless of the process and technology used (digital, cine 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 work contract was concluded.
9.6 These general terms and conditions do not apply to the extent that they are contrary to mandatory provisions of the KSchG. 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 effectiveness of the remaining provisions will not be affected. The parties undertake to replace an ineffective provision with an effective provision that comes as close as possible to this provision. (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