Terms and conditions of the photographers / photo studio & video production Obermai (Mini GmbH iG) Status 06.16
I. General
1. The following terms and conditions apply to all orders placed with the photographer.
2. "Photographs" within the meaning of these GTC are all products produced 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, image CDs, etc.)
3. The photographer is only liable for the lightfastness and durability of the photos within the framework of the guarantee provided by the manufacturer of the photo material. The photographer assumes no liability for discolouration in the fold area and on the front and back of photo books and wedding albums.
4. In the case of reproductions, repeat orders and enlargements, there may be differences in color compared to the original or the original images. Color differences can also occur in photo prints and prints of any kind that were created from a digital file. This is not a defect in the work and a complaint is not justified as a result.
5. Complaints of any kind must be made in writing to the photographer within 7 days after delivery of the photos or the work. Thereafter, the photos are deemed to have been accepted in accordance with the contract and free of defects.
6. It cannot be guaranteed that all guests present, e.g. B. be photographed at weddings or other photo reports. However, the photographer always endeavors to achieve this if this is desired by the client.
7. The client is advised that photos are always subject to the creative scope of the photographer performing the work. Complaints and/or notices of defects with regard to the artistic scope exercised by the photographer, the location and the optical and technical means used in the photograph are therefore excluded. Subsequent change requests by the client require a separate agreement and order and are to be remunerated separately.
II. Copyright
1. The photographer is entitled to the copyright to the photographs in accordance with copyright law.
The photographer may use the customer's images for his advertising.
If the customer does not want his pictures to be used for advertising, he must notify us in writing.
property and RGB data
The photographer has the ownership and right of use to all photos and videos that are created. In special cases, the customer can acquire these rights.
The customer has no right to the RGB data, if only by special agreement and surcharge.
Editing and selection of photos
Photos taken after a wedding package or photo shoot selected according to the service description are processed as follows:
1. Retouching of the face and skin (once in advance as a draft, final after customer approval)
1.1. Exemption (we remove something from the photo) once only after a very precise customer description (A draft in advance, then final after customer approval)
1.2 Selection of the photos The customer must have completed his selection within 4 weeks, this applies in particular to shooting and wedding customers.
All further work will then be calculated according to hourly effort.
2. The photographs produced by the photographer are basically only intended for the client's own use.
3. If the photographer transfers rights of use to his works, unless expressly agreed otherwise, only the simple right of use is transferred in each case. A transfer of usage rights requires the special agreement.
4. Passing on the photographs, in whole or in part, to third parties is not permitted without the photographer's written consent.
5. The rights of use are only transferred to the photographer after full payment of the fee.
6. The photographs may not be taken by the customer himself, e.g. B. distributed as a picture agency, nor passed on to third parties, to picture archives, picture databases, picture or advertising agencies for their commercial marketing or use. For each breach of this restriction, a contractual penalty of €1000 (one thousand) per breach is deemed to have been agreed.
7. The person ordering a picture within the meaning of § 60 UrhG has no right to reproduce and distribute the photograph if the corresponding rights of use have not been transferred. § 60 UrhG is expressly waived.
8. When using the photographs, the photographer can, unless otherwise agreed, demand to be named as the author of the photograph. A violation of the right to be named entitles the photographer to compensation.
9. The negatives remain with the photographer. The negatives will only be handed over to the client if a separate agreement has been made.
10. In addition to the restrictions mentioned under point II. 1. to 9., the user has to take into account the provisions of the law against unfair competition (UWG), the trademark law and the law on used models. If these laws are violated through the use of the light images, the user bears sole responsibility. He is liable to Peter Obermair : Photography for the resulting damage, regardless of the agreed contractual penalty
III. Remuneration, retention of title
1. For the production of the photographs, a fee will be charged as a recording price, as an hourly rate, daily rate or an agreed flat rate; Additional costs (travel expenses, model fees, expenses, props, laboratory or material costs, studio rentals, etc.) are to be borne by the customer. The photographer shall show the final prices to end consumers without value added tax. VAT is added to all prices for business customers. 19% more. The hourly price for image processing is between 35.00 and 65.00 depending on the effort. The hourly price for photos is between 45.00 and 95.00 euros depending on the effort. The hourly rate for video recordings without editing is between 65.00 and 120.00 euros. The prices are per person.
2. Recording prices as well as hourly or daily rates or other remuneration can be drawn up between the client and the photographer and must be in writing. Price lists existing between the client and the photographer must be confirmed in writing by the photographer before each new order placed by the client. Existing price lists between the client and the photographer that are more than three months before the start of the order are invalid. Subsidiary agreements always require the written form.
payments
3. The supplied photographs remain the property of the photographer until the purchase price has been paid in full.
For photo shoots, a deposit of 50% is made with the booking, the balance is paid on the day of the shoot.
For weddings, a deposit of 50% is due when the order is placed, the remainder after the wedding max. 8-10 days.
(Absence for example by honeymoon, or "no time for selection" does not exempt from the balance payment in this
Period
In the case of company orders, when the order is placed, payment is made within 8-10 days in the amount of 100%.
4. If the client has not given the photographer any express instructions regarding the design of the photographs, complaints regarding the image design and the artistic-technical design are excluded. If the client wishes changes during or after the recording production, he has to bear the additional costs. The photographer retains the right to remuneration for work that has already begun.
IV. Liability
1. For the violation of obligations that are not directly related to essential contractual obligations, the photographer is only liable for himself and his vicarious agents in the case of intent and gross negligence. He is also liable for damages 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 breaches 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 intent and gross negligence.
V. Ancillary Obligations
1. The client assures that he has the right to reproduce and distribute all templates handed over to the photographer and, in the case of portraits of people, the consent of the people depicted to publication, reproduction and distribution. Claims for compensation by third parties based on the violation of this obligation shall be borne by the client.
2. The client undertakes to make the objects to be recorded available in good time and to collect them again immediately after the recording. If the client does not pick up the objects to be photographed after two working days at the latest, the photographer is entitled to charge storage costs if necessary or, if his studio space is blocked, to outsource the objects at the expense of the client. Transport and storage costs are at the expense of the customer.
VI. Digital photography
1. The digitization, storage and duplication 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 storage and reproduction if this right has not been expressly transferred. A contractual penalty of € 100.00 (one hundred) per violation is deemed to have been agreed for each violation of this restriction.
VII. Image processing
1. The processing of photographs by the photographer and their duplication and distribution, analogue or digital, requires the prior consent of the photographer. If a new work is created through photo composing, montage 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 §8UrhG.
2. The client is obliged to store and copy photographs of the photographer digitally in such a way that the name of the photographer is electronically linked to the image data.
3. The client is obliged to set up this electronic link in such a way that it is retained for any type of data transmission, any display on screens, any type of projection, in particular any public display, and the photographer as the author of the images is clear and is clearly 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 third-party claims based on the violation of this obligation.
VIII. Use and Distribution
1. The distribution of the photographer's photographs on the Internet and intranets, in online databases, in electronic archives that are not only intended for the internal use of the client, on CD-ROM or similar data carriers is only permitted on the basis of a special agreement between the Photographer and the client permitted.
2. The forwarding of digitized photographs on the Internet and intranets and on data carriers and devices that are suitable for public display on screens or for the production of soft and hard copies requires the prior written consent of the photographer.
3. The duplication and distribution of edits made by the photographer electronically require the prior written consent of the photographer. This applies in particular to workshops without the acquisition of the image rights, the images may not be published.
4. The photographer is not obliged to hand over data carriers, files and data to the client if this has not 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 customer, these may only be changed with the prior consent of the photographer.
7. The client bears the risk and costs of transporting data carriers, files and data online and offline; the contractor can determine the manner of transmission.
8. For weddings: the client pays a 50% deposit upon booking, the rest is paid just before or after the wedding. If the customer does not make a 50% deposit when booking, the costs will be the same as for the deposit.
Will the wedding after the deposit Cancellations result in strono costs of 25% to 50%, which we calculate at the time of the strono.
9. Duration of services for weddings, the customer enters into a service contract. With the booked package 1, 2 or 3, the services are fixed. What goes beyond
will be charged after consultation.
IX. Performance disruption and cancellation fee, especially for participants in workshops.
An agreed appointment between the customer and the photographer must be observed in any case. Should the photographer not be able to attend an appointment due to force majeure or illness, he will endeavor to find an alternative appointment, and the customer waives any claims for damages against the photographer. If the client is unable to keep the agreed date, this must be discussed with the photographer in good time. Cancellations within 8 hours before the agreed date may incur cancellation or cancellation fees of €100. be billed per hour (in words: hundred).
We a participation for a photo shoot or if a workshop is not canceled 24 hours in advance, a cancellation fee of EUR 100.00 will be charged. Exceptions by personal agreement.
X. 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 entities under public law or a special fund under public law, the place of jurisdiction is agreed to be the place of business of the photographer.
strono
For booked shootings the following Strono times and costs apply:
If you cancel 24 hours before the shooting, the full costs are 100%
In case of illness, the shooting can be made up for free.
If you cancel 48 hours before the appointment, there is ONE replacement appointment.