Conditions

AGB DES PHOTOGRAPHEN-HANDWERKS (BUNDESANZEIGER NO.88 OF MAY 15, 2002 - PAGE 10.436)

GENERAL


1. The following terms and conditions apply to all orders placed with the photographer. They are deemed to have been agreed if they are not contradicted immediately.
2. “Photographs” in the sense of these terms and conditions are all products manufactured by the photographer, regardless of the technical form or medium in which they were created or are available. (Negatives, slide positives, paper images, still videos, electronic still images in digitized form, videos, etc.)

COPYRIGHT


1. The photographer is entitled to the copyright on the photographs in accordance with the copyright law.
2. The photographs produced by the photographer are generally only intended for the customer's own use.
3. If the photographer transfers rights of use to his works, only the simple right of use is transferred in each case - unless otherwise expressly agreed. Any transfer of rights of use requires a special agreement.
4. The rights of use are only transferred after full payment of the fee to the photographer.
5. The person ordering a picture within the meaning of Paragraph 60 of the Copyright Act has no right to reproduce and distribute the picture unless the corresponding rights of use have been transferred. Paragraph 60 UrhG is expressly excluded.
6. Unless otherwise agreed, the photographer can request to be named as the author of the photo when exploiting the photographs. A violation of the right to be named entitles the photographer to compensation.
7. The negatives / data remain with the photographer. The negatives / data will only be released to the client if a separate agreement has been made.

REMUNERATION, RETENTION OF TITLE


1. A fee will be charged for the production of the photographs as an hourly rate, daily rate or an agreed flat rate plus statutory VAT; additional costs (travel costs, model fees, expenses, props, laboratory and studio rentals, etc.) are to be borne by the client. To end consumers, the photographer shows the final prices including VAT.
2. Invoices due must be paid within 14 days without any deductions. The client is in default if he does not pay due invoices no later than 30 (in words: thirty) days after receipt of an invoice or an equivalent request for payment. The photographer reserves the right to bring about the delay by issuing a reminder after the due date at an earlier point in time.
3. The delivered photographs remain the property of the photographer until the purchase price has been paid in full.
4. If the client has not given the photographer any express instructions regarding the design of the photographs, complaints regarding the image perception and the artistic-technical design are excluded. If the client wishes changes during or after a recording production, he has to bear the additional costs. The photographer retains the right to remuneration for work that has already started.

LIABILITY


1. The photographer is only liable for himself and his vicarious agents in the event of willful intent and gross negligence for the breach of obligations that are not directly related to essential contractual obligations. He is also liable for damage resulting from injury to life, limb or health as well as from the breach of essential contractual obligations that he or his vicarious agents have caused through culpable breach of duty. Unless otherwise agreed, the photographer is only liable for damage to objects, templates, films, displays, layouts, negatives or data in the event of willful intent and gross negligence.
2. The photographer keeps the negatives / data carefully. He is entitled, but not obliged, to destroy negatives / data stored by him after three years since the end of the order. Before the destruction, he notifies the client and offers him the negatives / data for sale.
3. The photographer is only liable for light resistance and durability of the photos within the framework of the guarantee of the manufacturer of the photo material.
4. The sending and return of films, pictures and templates is at the expense and risk of the client. The client can determine how and by whom the return is made

SECONDARY OBLIGATIONS


1. The client affirms that he has the right of reproduction and distribution for all templates handed over to the photographer and, in the case of portraits of persons, the consent of the persons depicted for publication, reproduction and distribution. Third party claims for compensation based on the breach of this obligation are borne by the client.
2. The client undertakes to make the objects available in good time and to pick them up again immediately after they have been taken. If the client does not collect the objects to be photographed after two working days at the latest, the photographer is entitled to charge storage costs or, if his studio space is blocked, to outsource the objects at the client's expense. Transport and storage costs are borne by the client.

PERFORMANCE FAILURE, CANCELLATION FEE


1. If the photographer gives the client several photos to choose from, the client must return the unselected photos within one week of receipt - unless a longer period of time has been agreed - at his own expense and risk. The photographer can demand payment for lost or damaged photographs, provided he is not responsible for the loss or damage.
2. If the photographer gives the client images from his archive, the client must return the unselected images within one month of receipt by the client and the selected ones within one month of use. If the client is in default with the return, the photographer can request a blocking fee of 1 (in words: one) euro per day and image, unless the client can prove that the damage did not occur or that it is lower than the flat-rate damage fee. In the event of loss or damage that precludes further use of the images, the photographer can demand compensation. The compensation amounts to at least 1000 (in words: one thousand) euros for each original and 200 (in words: two hundred) euros for each duplicate, unless the client can provide evidence that no damage was incurred or that it was lower than the flat-rate damage allowance. The photographer reserves the right to claim higher damages.
3. If the time allotted for the execution of the order is significantly exceeded for reasons for which the photographer is not responsible, the photographer's fee increases accordingly, provided a flat rate has been agreed. 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 can prove that the photographer has not suffered any damage. In the event of intent or negligence on the part of the client, the photographer can also assert claims for damages.
4. Delivery dates for photographs 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.

DATA PROTECTION


Personal data of the client required for business transactions can be saved. The photographer undertakes to treat information that has become known in the context of the order confidentially. Digital photography.
1. The digitization, storage and reproduction of the photographs of the photographer on data carriers of all kinds requires the prior written consent of the photographer.
2. The transfer of usage rights does not include the right to save and reproduce if this right has not been expressly transferred.

IMAGE EDITING


1. The processing of photographs by the photographer and their duplication and distribution, analog or digital, requires the prior consent of the photographer. If a new work is created through photo composing, assembly or other electronic manipulation, this must be marked with [M]. The authors of the works used and the author of the new work are co-authors within the meaning of Paragraph 8 of the Copyright Act.
2. The client is obliged to digitally save and copy photographs of the photographer in such a way that the name of the photographer is electronically linked to the images.
3. The client is obliged to make this electronic link in such a way that it is retained with every type of data transmission, with every display on screens, with all types of projections, in particular with every public display, and that the photographer as the author of the images is clear and unambiguous is identifiable.
4. The client assures that he is entitled to commission the photographer with the electronic processing of third-party photographs if he issues such an order. He releases the photographer from all claims by third parties based on the breach of this obligation.

USE AND DISTRIBUTION


1. The dissemination of photographs of the photographer on the Internet and in intranets, in online databases, in electronic archives that are not only intended for internal use by the client, on floppy disks, CD-ROM or similar data carriers is only permitted on the basis of a special agreement between the Photographers and the client permitted.
2. The transfer of digitized photographs on the internet and intranets and on data carriers and devices that are suitable for public reproduction on screens or for the production of soft or hard copies requires the photographer's prior written consent.
3. The duplication and distribution of adaptations that the photographer has made electronically require the prior written consent of the photographer.
4. The photographer is not obliged to hand over data carriers, files and data to the client unless this has been expressly agreed in writing.
5. If the client wishes the photographer to provide him with data carriers, files and data, this must be agreed and paid for separately.
6. If the photographer has made data carriers, files and data available to the client, these may only be changed with the prior consent of the photographer.
7. The risk and costs of transporting data carriers, files and data online and offline lie with the client; The client can determine the method of transmission.

FINAL PROVISIONS


The place of performance for all obligations arising from the contractual relationship is the photographer's registered office if the contractual partner is not a consumer. If both contracting parties are merchants, legal persons under public law or a special fund under public law, the place of business of the photographer is agreed as the place of jurisdiction.

SEVERABILITY CLAUSE


Insofar as conditions of the above general terms and conditions are or become wholly or partially ineffective, the remaining conditions continue to be effective. The ineffective condition is replaced by the statutory regulation.