The General Terms and Conditions (GTC) are intended to strike a fair balance between the interests of the Photographer and those of the Client.
1. Photographic Work. The expression “Photographic Work“ refers to the result of work performed by the Photographer for the Client in accordance with the agreement reached between the parties.
2. Photographer. The “Photographer“ is the person commissioned with the creation of the Photographic Work. For the purposes of these GTC, usage of the male pronoun in relation to the term “Photographer“ refers naturally to persons of either gender. The term shall also include photo designers.
3. Client. The “Customer” is the person who commissions the Photographic Work from the Photographer. For the purposes of these GTC, usage of the male pronoun in relation to the term “Client“ refers naturally to persons of either gender.
4. Parties. The “Parties” are the Photographer and the Client.
II. Performance of the Photographic Work
1. Unless agreed otherwise in writing with the Client, the configuration of the Photographic Work shall be fully and entirely a matter for the discretion of the Photographer. In particular, he shall take the sole decision concerning the technical and artistic design medium, such as for example lighting, picture composition and the selection of instruments in order to achieve them.
2. Any cost estimates provided by the photographer shall be given without engagement. If any increase in costs occurs during production, the photographer shall only report such increase when it becomes evident that the original estimate of the total costs is likely to be exceeded by more than 15 %. If the planned production period is exceeded for reasons beyond the photographer’s control, additional remuneration shall be paid on the basis of the agreed time-ba
3. When performing the Photographic Work the Photographer may engage auxiliary staff of his choosing.
4. The shooting equipment that is necessary for the performance of the Photographic Work shall be provided by the Photographer or will be rented at a local equipment supplier. There are relevant and necessary fees involved in the use of the photographic equipment both owned and rented.
5. Unless agreed otherwise in writing, the Client shall be responsible for ensuring that the locations, objects and persons necessary for the Photographic Work are made available in due time if not agreed on otherwise with the Photographer.
6. In the event that the Client postpones until a later date a shoot session less than two working days prior to the appointment or fails to comply with his obligations under clause II.4., the Photographer shall be entitled to the reimbursement of any costs thereby incurred (including third party costs). He shall in addition be entitled to compensation, and shall amount to 50% of the daily rate that would have been owed in accordance with the agreed daily rate for holding the photoshoot that was cancelled.
7. The rule set forth in clause II.6. shall also apply in the event that a photoshoot is postponed until a later date on account of adverse weather conditions less than two working days prior to the start of the photoshoot.
8. The place of performance shall be at the registered office/town of the Photographer. In the event that the Client requests the Photographer to send him the Photographic Work or Copies of this work (hard or electronic copies), the transportation risk shall be borne by the Client.
9. The fee agreed upon between the Parties shall be subject to VAT/GST (in addition) and – unless agreed otherwise in writing – shall have 50% of the invoice paid upfront and the remaining 50% be paid within 14 days of the issue of an invoice.
10. The fee shall not include any costs and expenses arising in connection with the order (e.g. cost of materials, accomodation, models, props, travel, other necessary expenses), which shall be borne by the customer.
III. Liability of the Photographer
1. The Photographer shall only bear liability, including for defects, for intentional or grossly negligent conduct.
2. The Client must raise any objections relating to a defect in writing within six working days of the date of delivery of the work, failing which the Photographic Work shall be deemed to have been approved and no further claims may be raised.
IV. Use of the Photographic Work by the Client
1. The Client may only use the Photographic Work for the purpose agreed upon with the Photographer and for the agreed period. If no such period has been agreed upon, the duration shall be determined in accordance with the purpose of the appointment. In the event of any usage in breach of the agreement, the Client shall be obliged to pay compensation to the Photographer in the amount of 200% of the remuneration owed in that regard in accordance with the tariff scale of applicable at the time the contract was concluded.
2. Only the Client shall be entitled to use the Photographic Work, in accordance with the agreement reached with the Photographer. Unless agreed otherwise in writing, the Client shall have no entitlement to transfer the right to use the Photographic Work to a third party.
4. Digital data may be deleted and/or the data media destroyed upon completion of utilization. The photographer shall be under no duty to ensure the continued existence and/or possibility of renewed delivery of the data unless decided otherwise in writing between customer and photographer for an agreed amount of time.
b. Third party rights
1. If the Client has indicated to the Photographer that he must photograph (particular) persons when performing the Photographic Work, the Client must ensure that these persons have granted their consent to be photographed and to the subsequent usage of the Photographic Work in line with the contractual purpose.
2. If the Client has provided the Photographer with objects and/or equipment or indicated specific locations to him that are to be photographed as part of the Photographic Work, the Client shall ensure that no third party rights preclude the creation of the Photographic Work or its subsequent usage in line with the contractual purpose.
3. In the event that the obligations set forth in the two previous sub-clauses are breached, the Client undertakes to reimburse to the Photographer for any payment (e.g. damages) that the latter may be obliged to make to the entitled party and to compensate him for all costs arising in relation to the rectification of the situation (e.g. costs relating to settlement proceedings or litigation).
4. Use of photographers' work that was not commissioned by or paid for by the customer may not be used by the customer to gain other work that does not include the photographer. If the customer is found to have gained new work solely from the photographer's work, the photographer may calculate a reimbursement fee based on the customer's acquired job.
5. In the event of any unauthorized utilization, use, reproduction or disclosure of the photographic material (i.e. without the photographer’s consent), the customer shall be liable to pay a penalty equaling five times the applicable fee for each individual instance, it being understood that this shall not operate to restrict any other remedies available to the photographer.
V. Use of the Photographic Work by the Photographer
If expressly so agreed in an individual case that the Client shall obtain copyright over the Photographic Work, the Photographer shall retain the right to use the Photographic Work for his own purposes, including in particular on his own website, in portfolios, at art exhibitions etc.
The Photographer shall be entitled at any time to refer to the cooperation with the Client and to the Photographic Work carried out for him, in particular in publications (internet, printed matter), at exhibitions and in discussions with potential clients.
1. The Client is not permitted to change the photographic work of the photographer without permission regarding color, shape, detail or composition or unless discussed in writing prior to completion of the job.
2. The Client is not permitted to resize and reframe the Work without permission by the Photographer.
3. If point one or two have not been complied with, the Photographer can demand the removal of the images on the Internet or prohibit the publication in any form and media.
4. If the client causes irreparable damage to the reputation by retouching the images on its own behalf the Photographer can charge the client with 50% of the agreed on daily rate.