Terms and Conditions (GTC)

§ 1 Validity/General

1. The following terms and conditions apply to all orders, offers, deliveries and services carried out by Andreas Fasold Photography and Agnieszka Hintzler and for the photographers commissioned on your behalf. Unless otherwise agreed, the General Terms and Conditions also apply to all future orders from the same client. The General Terms and Conditions serve to regulate and clarify some of the contents of the contractual relationship, which is otherwise determined by the content of the individual order. Changes or additions to these General Terms and Conditions must be made in writing and must be expressly marked as such. The contracting parties agree that these Photographer's General Terms and Conditions shall apply exclusively. Any terms and conditions of the client do not apply. If the contracting parties have made different agreements that are recorded in writing, these take precedence over these General Terms and Conditions.
2. “Photographs” within the meaning of these General Terms and Conditions are all products produced by the photographers, regardless of the technical form or medium in which they were created or exist (paper images, images on canvas, images in digital form on data carriers, slide positives, negatives, etc. ). The client acknowledges that the images supplied by the photographers are photographic works protected by copyright within the meaning of Section 2 Paragraph 1 Number 5 of the Copyright Act.
3. Unless the client gave express instructions regarding the design of the photos, the photographer is free to interpret the image and its artistic and technical design. Complaints in this regard are excluded.
4. Andreas Fasold or his appointed photographers will be the only professional photographers engaged on the shoot and should have priority in positioning cameras and equipment over any other private individuals or photographers or videographers who may be involved in the shoot be engaged.

§ 2 Usage and copyright

1. The photographers have exclusive copyright to all photos taken as part of the respective order.
2. Copyrights are not transferable.
3. The photographer transfers a simple right of use to the photos to the client. This only includes private, non-commercial use. Any changes or further processing (e.g. through photo composing, assembly or through electronic aids to create a new copyrighted work) of the photos supplied requires the express permission of the photographer. The same applies to the transfer of usage rights to third parties, which the client is generally not permitted to do.
4. Any subsequent commercial/commercial use of the photographic works - regardless of the form - by the client himself or by third parties can only take place with the photographer's prior written consent. This also applies to image files that have been digitally or otherwise altered or alienated by the client or third parties. This further use must be compensated appropriately to the photographer after prior agreement and will be invoiced separately.
5. The rights of use to be transferred are only transferred after full payment of the agreed fee in the form of a data medium or as agreed.
6. If the photographer grants permission to use the photos, he or she can request to be named as the author of the photo. If he makes use of this right, the violation of the right to attribution entitles the photographer to compensation.
7. The client receives high-resolution photos selected in advance by the photographer in jpg format. The amount is at the discretion of the photographer and the length of time they are present on the day of the shoot. The photographer makes the pre-selection. The submission of unedited photos or digital raw data (RAW) is excluded. The storage of digital image data is not part of the order. The storage therefore takes place without guarantee.
8. The photographer is granted the right, after consultation with the client and in accordance with the highest standards and judgment, to use a selection of the photos as a presentation of his or her own work in order to show them to potential customers or business partners. He is allowed to use all photos without restrictions. The client can expressly object to such use of the photos by the photographer at the latest when the data is accepted. The objection must be made in writing.
9. Individual differences in usage and copyright rights and special conditions, especially for people from contemporary history, must be agreed in writing.

§ 3 Remuneration

1. A fee is charged for the production of the photos as an hourly rate, daily rate or flat rate plus VAT.
2. Invoices due must be paid without deductions within 14 days, but no later than on the day of the shoot. Until the purchase price has been paid in full, the photos delivered, including the data carriers delivered, remain the property of the photographer.
3. If the time allotted for the execution of the order is exceeded for reasons for which the photographer is not responsible, or if the client requests it to be extended, the photographer's fee will increase in accordance with the additional time required, provided a flat rate price was agreed based on a time frame . If a time fee has been agreed, the photographer will also receive the agreed hourly or daily rate for the waiting time, unless the client proves that the photographer has not suffered any damage.
4. A deposit of 40% of the agreed fee must be paid within 14 days of booking. If a deposit is not made on time, the right to a binding reservation expires. Final invoices due must be paid without deductions on the day of the shoot at the latest. Until the purchase price has been paid in full, any photographs delivered, including delivered data carriers or other products that were invoiced by or through the photographer, remain the property of the photographer. Once the deposit has been paid or the full fee has been paid, these General Terms and Conditions are deemed to have been accepted by the client.
   

1. If the order for the execution of the service is canceled by the client in writing within 3 days, the deposit is generally due as compensation for expenses. If the service agreed here is canceled by the client and the photographer can arrange at least an equivalent shoot for the canceled booking, the full amount of the deposit will be refunded. However, if there is a difference in the value of the newly booked shoot in relation to this agreement, the photographer will retain the difference and refund the remaining amount of the deposit. If no other booking can be made by the photographer or if further inquiries are no longer accepted due to the existing order, the photographer will suffer financial loss, which will be charged at 100% of the agreed fee.

§ 4 Liability/transfer of risk

1. The photographer and his vicarious agents are only liable for damages of any kind resulting from the fulfillment of the contract in the event of intent or gross negligence. This does not apply to damages resulting from injury to life, body or health or from the violation of essential contractual obligations that he/his vicarious agents have caused through culpable breaches of duty.
2. The photographer is only liable for damage or loss of digital image data in the event of intent or gross negligence. The amount of liability is generally and in any case limited to the down payment made or invoice amount.
3. The photographer is not liable for any damage, defects or loss caused by subcontractors or suppliers who provide their services on their own account.
4. Delivery dates for photos are only binding if they have been expressly confirmed by the photographer. The photographer is only liable for exceeding the deadline in the event of intent or gross negligence.
5. The risk and costs of transporting data carriers, files and data online and offline lie with the client or supplier. The photographer can determine the method of transmission.
6. The organization and allocation of bookings to the photographer and the execution are carried out with the greatest care. However, if due to circumstances for which the photographer is not responsible (e.g. illness, traffic accident, environmental influences, traffic disruptions, etc.) no photographer shows up for the agreed photo session or arrives late, no liability can be accepted for any resulting damage or consequences become. If the planned and named photographer is unavailable at short notice, the photographer may, if possible, use a qualified photographer to work with him, so that the customer is not left without a photographer on the day of his shoot and in order to fulfill the photography obligations agreed here. Complaints of any kind must be received in writing by the photographer within 7 days of delivery of the photos. After the deadline has expired, the images are deemed to have been accepted in accordance with the contract and free of defects.

§ 5 Data protection

1. The client agrees that his personal data required for business transactions will be stored. The photographer undertakes to treat all information that comes to his knowledge as part of the order confidential.
2. In the case of weddings/events/conferences, the contractor undertakes to inform all participants in advance that a photographer will be present and to declare that the participants agree to the taking of photos in accordance with the General Data Protection Regulation (GDPR).

§ 6 Special agreement on Covid 19

1. If the shoot is not allowed to take place due to official requirements, the client can arrange a new appointment with the photographer free of charge. In the event of a complete cancellation, the deposit will not be refunded. The remaining amount is not due in this case. If the photographer receives an equivalent order for the period, the deposit will be refunded.

§ 7 Final provisions/severability clause

1. It is only the law of the Federal Republic of Germany.
2. There are no additional agreements to the contract and, if desired subsequently, they must be in writing to be effective.
3. The nullity/ineffectiveness of one or more provisions of these General Terms and Conditions does not affect the effectiveness of the remaining provisions.
4. In the event that the client does not have a place of jurisdiction in the Federal Republic of Germany or moves his registered office or habitual residence abroad after conclusion of the contract, the photographer's place of residence is agreed as the place of jurisdiction. The law of the Federal Republic of Germany.

Andreas Fasold Photography

Agnieszka Hintzler Photography

Santanyi 2024