GERMAN / ENGLISH

AGB // DSGVO

I. General Information

The client is hereby informed that images are always subject to the artistic discretion of the contractor. Complaints and/or claims regarding the artistic direction taken by the contractor, the location of the shoot, and the visual and technical elements used in photography are excluded. Any subsequent requests for changes by the client require a separate agreement and commission and will be subject to separate compensation.

It cannot be guaranteed that all individuals present at an event will be photographed. However, the contractor will always make an effort to achieve this. The contractor will do their best to capture all essential elements occurring during the agreed-upon time frame. Nevertheless, this cannot be considered a guarantee that specific images or scenes will be captured.

The contractor is not obligated to permanently archive the photographic material unless expressly agreed upon in writing. Original files, such as RAW files, will remain with the contractor. Release to the client will only occur with a separate written agreement.

II. Copyrights, Usage Rights, Self-Promotion

The client acquires usage rights to the images for non-commercial use. The right to reproduce and share with third parties is granted for non-commercial purposes. Commercial use is not permitted and requires written consent from the contractor. Ownership rights are not transferred. Usage rights only transfer to the client after the full payment of the fee.

Regardless of the extent of the granted usage rights in individual cases, the contractor is entitled to use the photographs for presentation purposes, especially for publications in magazines, on their website, blog, social media pages, exhibitions, specialized magazines, and competitions, including commercial use. The client is aware that a publicly accessible portfolio holds promotional value for the contractor.

III. Fees

The fee for the assignment corresponds to the total amount stated. A deposit of 50% of the total amount is due within 14 days after the contract is signed via bank transfer. However, the agreed-upon fee of the contractor is due within 14 days after receiving the invoice via bank transfer. The client agrees to receive invoices via email if necessary; in this case, postal delivery is waived.

If this deadline is not met, the client will receive a reminder and must pay the agreed-upon fee within 14 days from the date of issuance of the reminder. If this is not done, a second written reminder will be issued. After the second reminder, the agreed-upon total fee plus 10% is due. Reminder fees and the costs of (including extrajudicial) legal interventions are borne by the client.

Usage rights for the delivered images and ownership rights for other goods (such as photobooks, etc.) remain with the contractor until the fee is fully paid.

If the client requests changes during or after the production of the photographs, they are responsible for covering the additional costs. The contractor retains the right to payment for work that has already begun.

For spontaneous extensions of the photo production at the explicit request of the client, an additional fee per started extended hour will be charged.

If the execution of the assignment is delayed due to reasons attributable to the client, the contractor may demand a reasonable increase in the fee for each started extended hour.

If the client cancels the contract within one month before the agreed-upon date, 50% of the agreed-upon fee is payable to the contractor as a cancellation fee. Already paid deposits will not be refunded in the event of contract cancellation or failure to meet the agreed-upon date (e.g., canceled wedding).

IV. Contractor's Unavailability

Should the contractor be unable to attend a scheduled photo session due to exceptional circumstances such as sudden illness, a family death, a traffic accident, or similar events, no liability can be assumed for any resulting damages, losses, or consequences. 

V. Liability

The contractor is not liable for the loss of stored data and digital information. The contractor is authorized to engage external laboratories, photo book manufacturers, etc., for the creation of materials such as photo books. Compensation beyond the value of the materials is excluded.

Complaints of any kind must be submitted in writing to the contractor within 14 days after the delivery of the images or work. After this period, the images or work will be considered accepted as contracted and without defects.

The client assures that they possess the reproduction and distribution rights for all materials provided to the contractor, as well as the consent of individuals depicted in the images for publication, reproduction, and distribution. Claims for damages by third parties resulting from a breach of these rights shall be borne by the client. The client must inform the contractor if certain individuals do not consent to the publication of the images.

VI. Additional Provisions

Es kommt österreichisches Recht zur Anwendung. Als Gerichtsstand für alle Streitigkeiten aus diesem Vertragsverhältnis wird das sachlich zuständige Gericht in Kirchdorf an der Krems vereinbart.

Änderungen und Ergänzungen sowie Aufhebung nur einzelner Bestimmungen dieses Vertrages bedürfen zu ihrer Wirksamkeit der Schriftform.

Sollten einzelne Bestimmungen dieser Geschäftsbedingungen nichtig sein, berührt dies nicht die Wirksamkeit der übrigen Bestimmungen und ist die unwirksame Bestimmung so zu ersetzen, dass der unwirksamen Bestimmung eine nach dem Gehalt und Vertragszweck am meisten entsprechende Bestimmung ersetzt wird.

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