Terms and conditions for private persons
I. General 1. The following terms and conditions apply to all orders placed with the photographer. They are considered as agreed if they are not objected to immediately.
2. Photos within the meaning of these terms and conditions are all products manufactured by the photographer, no matter in which technical form or in which medium they were created or are available. (Photographs, negatives, slide positives, paper images, electronic, in digitized form, digital photos, picture compositions, videos, etc.).
3. It is not allowed to pass on passwords given by the photographer.
4. Everything concerning agreements, conditions, orders and important arrangements for the shoot, even after the shoot, will be agreed exclusively by email.
5. The author / photographer will be the client first all techn./opt. impeccable, unprocessed photos in small resolution only to select the photos to be edited, in the form of an overview PDF's via download link via email. The photos from this overview may not be published by the client. From this, the client selects the photos he would like to have edited. He sends the picture numbers by email to the photographer. The photographer will then process these photos and then make them available to the client via a download link via e-mail in original size, high-resolution 1 x with the photographer's logo and 1 x without a logo. The customer may only use the photos without a logo for orders from the photo lab. Photos without a logo may not be published (for example, forward to others on Facebook or via Whatsapp). Only photos with logo may be published. In addition to this, the client must also comply with the obligation to name during publishing (see VIII. Use, distribution, storage). The photographer only gives out photos that have been edited by the photographer herself.
6. The shooting time is calculated including breaks. Breaks are essential in order to perform well. The photographer also uses these to solve the narrow perspective and to improve the creative process. In addition, a photo shoot is very exhausting - not only for the photographer - also for the client. Therefore, breaks are imperative in order to achieve a very good result together.
1. The photographer is entitled to copyright the photos in accordance with copyright law. The copyright is not for sale by law, only rights of use may grant or sell to third parties. The client pays the regular fee of the photographer and thus receives the simple right of use. The simple right of use implies that the client may use the photos only for their own private purposes to a manageable extent. The simple rights of use shall only be transferred to the client after full payment of the entire fee incl. EXTRA of the photographer. A sale and / or transfer of rights of use by the client to third parties is excluded. A transfer of additional rights requires a special and written agreement and a separate payment.
2. In accordance with copyright law, the client has no right to reproduce (to a manageable extent) the photos and distribute them unless the corresponding rights of use have been transferred by payment of the entire fee and the naming of the photographer is guaranteed (see VIII Use, distribution, storage).
3. The client may not change the photos of the photographer or have them modified by third parties. If the client wishes another section, he will inform the photographer in writing. She will then make the new section free of charge and make it available to the client. Once with logo and once without.
4. The copyright provides that the photographer / author may use the photos also for their own purposes without restriction. However, in order to meet your customers, the photographer / creator asks the client if they are allowed to use the photos as well. For this purpose, the photographer will send the client a separate photo permission contract after processing the photos by email as a PDF. This is part of this overall contract. The client is obliged to return the list completed within a period of 3 weeks. This permission is then unlimited in time and place. By signing the contract, the client accepts this regulation. However, according to DSGVO 2018 the client has the right to revoke the publication. The revocation must be in writing to the photographer (author).
III. Payment /Cancellation
1. For the production of the photos, a fee is calculated as hourly rate, daily rate or agreed flat rate; Additional costs (expenses, props, labor and material costs, location rentals, etc.) are to be borne by the client and directly deducted.
2. The photographer works only against prepayment on account. As soon as the client accepts the photographer's offer by confirming the confirmation link, the client makes a binding booking (conclusion of contract). After accepting the offer, the photographer issues an invoice, which is then due immediately. A cancellation / cancellation of the shoot after this contract is only possible if there are legally valid reasons. If the photographer cancels the contract for a legal reason, the photographer is entitled to charge an expense allowance. The amount depends on the amount of effort that the photographer has already incurred in advance. As soon as the amount paid by the client has reached the photographer's account, the client will receive an order and appointment confirmation from the photographer by email. After payment and date setting, the client will receive an email with their shooting contract for preview, the motif suggestions and an info link, which contains everything important for the preparation of the shoot. A no-show on the shooting day or a cancellation of the shooting does not release you from the payment obligation. Repayments are excluded because services have already been rendered in advance (advice, offer, invoice, order and appointment confirmation, writing a contract, keeping an appointment free, finding ideas, presenting, possibly location research, etc.).
3. Orders for extra photo editions, which are not included in the price, require a written order by email, will be charged extra by the photographer and are payable before the beginning of the processing by bank transfer The current prices of the photographer apply.
4. Until full payment of the purchase price, the photos remain in the possession of the photographer and there is no obligation to release them prematurely.
1. For the breach of obligations that are not directly related to essential contractual obligations, the photographer is liable for himself and his vicarious agents only in cases of intent and gross negligence. Furthermore, it is liable for damages resulting from injury to life, limb or health as well as from the breach of essential contractual obligations which it or its vicarious agents have caused through culpable breaches of duty (except under sections 2. and 3.). The photographer and her vicarious agents are liable for damage to photographic objects, templates, films, displays, layouts, negatives or data only in case of intent and gross negligence.
2. If the shooting is held on a site that is no longer completely safe from a construction perspective, then the client accepts the risks at their own risk in the case of acceptance and payment of the invoice. The photographer is in this case free from compensation claims for bodily injury, life and further damage.
3. If motives are desired by the client for the photo shoot, which could possibly lead to a risk for
life, limb or other damages of the client, the photographer is in this case free from compensation claims for bodily injury, life and further damages.
4. If for the photo shoot motives with living animals by the client are desired, which could possibly lead to a risk for life, limb or other damages of the client, the photographer is in this case free of compensation for loss of life, limb and other damages.
V. Secondary duties
1. The photographer is entitled to bring a wizard / assistant to the shoot. The client may also bring along a companion / companion. Mostly and especially with erotic images, the photographer will refrain from having assistants. In general, it is rather unfavorable if the client brings an escort, as this usually distracts very much and the client is also different. Guests at the shoot are ok, but not welcome and have to behave very calmly, so as not to disturb the shooting and thus not hinder the work of the photographer which endangers the good result. In addition, the studio of the photographer is not very large and little space for guests.
VI. Disruption, cancellation fee
1. Occurs in advance (before the shooting date) a case where the photographer feels compelled to cancel the shoot, for reasons that the client is responsible (eg email terror, telephone terror, sexual harassment, etc .), the client is not entitled to demand the services already paid back to the photographer or other compensation claims such as already booked travel costs / hotel costs. The photographer sees these payments already made to her as a fee for her work already done in advance and as damages, as she kept the appointment free for the client, possibly canceled or postponed other shootings and as compensation for possible harassment by the client , Already booked locations paid the client anyway, if they can not be canceled free of charge. Unfortunately, I am forced by experience to include this in my terms and conditions. I ask for understanding.
2. If the time for the execution of the order for reasons for which the photographer is not responsible, significantly exceeded, the fee of the photographer increases, if a flat rate was agreed after hours, according to the current fee price list. The photographer also receives the additional hourly fee for possible waiting times caused by the client.
3. The photographer only works against payment in advance. As soon as the client has accepted the offer of the photographer in writing or by confirming the confirmation link, a binding booking of the client (conclusion of the contract) occurs. A cancellation after this conclusion of contract, a no-show on the shooting day or a cancellation of a shooting does not release from the payment obligation. Repayments are excluded because services have already been provided in advance (write advice, quotation, invoice, order and appointment confirmation, hold an appointment, find ideas, present, possibly location research, etc.). In the event of a delay by the client, the payment will naturally remain valid and counted. Appointments should be made as soon as possible. If this involves a location booking that can no longer be postponed for free, the client bears the costs.
4. From the second date postponement by the client, the photographer calculates, in addition to the fee, a cancellation fee of 130.00 Euro. Multiple postponements are damaging business for the photographer, because they held the appointment for the customer, prepared for the shoot usually intensive and this appointment usually can not compensate so quickly by another shoot, because the photographer works only after fixed appointment and no Has patronage.
5. Delivery dates for photos are only binding if they have been expressly confirmed by the photographer. It usually takes 1 to 4 weeks, depending on how much the photographer is currently dealing with and the size of the order. But this is not binding. The client commits himself to let the photographer work in peace and does not constantly ask when the photos are ready. The photographer, on the other hand, promises the client that, as far as she can and can do, she will process the photos as quickly as possible and make them available to the client. If the client has a fixed deadline, the photographer must be informed in writing before the shoot, so that she can adjust to it and discuss it with the customer beforehand.
6. In case of illness or unscheduled impairment of the photographer, the client has no right to bring the shooting to an end or that the commissioned by him photos are still processed in a timely manner. If possible, the photographer will endeavor to provide the services as soon as possible or to arrange a new shooting date where the remaining photos can be taken. Repayments are excluded.
7. In the case of technical problems (for example, spontaneous failure of technical equipment required for the shoot), the client has no right to complete the shoot or that the photos commissioned by him still be processed promptly. If possible, the photographer will endeavor to provide the services as soon as possible or to arrange a new shooting date where the remaining photos can be taken. A repayment is also excluded in this case.
8. In case of data loss, be it due to force majeure, water-lightning or fire damage, techn. Problems, defect of techn. Equipment, burglary, theft, etc., the photographer is not liable for compensation. Repayments are excluded.
1. The client has already confirmed in his online inquiry by clicking on the corresponding field that the photographer may store the personal data of the client required for business transactions. This also applies to the photographic data that the photographer creates by the client. If further persons are to be depicted in the photos, who are not themselves clients, the photographer is obliged by law to obtain from each of these persons a declaration of consent with first / last name and signature. For this purpose, the photographer has provided a PDF as a download file on their website, which can then download the people. If this is not feasible, the photographer can either send this PDF to the client by email and this then forwards the PDF to the persons or the photographer can interpret before the shooting date a list in which all other people register and thus give their consent can. The photographer points out that this must happen BEFORE taking pictures, because otherwise she may not take any pictures. For larger companies, such as Weddings, family celebrations or business events should be allowed enough time for all guests to give their consent in advance. The photographer undertakes to treat all information made known to her as part of the order confidentially. The client commits himself to treat the contract data of the photographer also confidentially.
VIII. Image Editing
1. The photos may only be changed, retouched, cropped and edited by the photographer. The client is forbidden to process them himself or have them processed by third parties. The photos may only be published and archived in the form as supplied by the photographer. For this purpose, the photographer has saved all relevant information in the metadata of the photos. These may not be changed or deleted. Violation leads to the display against the copyright.
2. If the client has given the photographer no explicit instructions regarding the processing of the photos, complaints regarding image acquisition / image processing as well as artistic-technical design are excluded. Further corrections by the client will be charged separately (the current prices of the photographer apply).
VIII. Use, distribution, storage
1. The client is obliged to name the author / photographer by name when publishing the photos and possibly also - if possible - to make a link. The following entry must be used:
© Photo and image editing: Anni Strauss, Fotografie & Design, Bremen, www.anni-strauss.com
If the photographer did the makeup and styling:
© Photo, Image Editing, Hair, Makeup & Styling: Anni Strauss, Fotografie & Design, Bremen, www.anni-strauss.com
If the styling was done by a professional stylist:
© Photo and image editing: Anni Strauss, Fotografie & Design, Bremen, www.anni-strauss.com
Hair and make up: ..... (use the name and website of the stylist here)
2. The transmission of the final data to the client is once free of charge and is usually transmitted exclusively via a download link by email. The photographer is not obliged to issue data carriers to the client, unless this has been expressly agreed in writing and has been paid extra by the client. For the free download only the client is entitled.
3. The photographer is entitled to retain the produced photos as a print without any temporal, local and content restrictions in a modified and unchanged form on any kind of storage media as well as the photos released by the client for publication. (Art. 24 §1 URG). It is entitled, but not obliged, to destroy any data held by it after three years from the completion of the assignment. The photographer can also archive the client's data on a long-term basis, but is not obliged to do so. The client may only save the data in unchanged form.
4. The risk and costs of transporting data carriers, files and data online and offline lie with the client.
IX. Final provisions
1. Jurisdiction for all obligations under the contract is the place of residence of the photographer. This contract is subject to German law. Verbal collateral agreements are not met. Contract changes must be made in writing. If one of the points of this contract loses its validity, the contract as a whole does not lose its validity.