TABLE OF CONTENTS

  1. scope of application

  2. commissioned productions

  3. Stock Photo Licensing

  4. compensation

  5. liability

  6. privacy

  7. final provision

Terms of Service

1 Scope

  1. These terms and conditions apply to all orders placed with the photographer and to the licensing of stock photos. They also apply to other similar contracts without further notice.

  2. Deviating conditions of the client or licensee are not recognized unless the photographer expressly agrees to their validity.

2. Commissioned Productions

  1. In the case of commissioned productions, the photographer creates recordings for the client. Contracts for commissioned productions come about through an offer from the photographer and acceptance by the customer.

  2. The photographer selects the agreed number of shots at his own discretion, carries out general image optimization and leaves them to the client via data transmission or on a data carrier. Delivery dates are only binding if they have been expressly agreed.

  3. Further additional services of the photographer such as image processing, storage, picture gallery or printing are agreed individually.

  4. If the client has not given the photographer any explicit instructions regarding the design of the recordings, complaints regarding the image design and the artistic and technical design are excluded.

  5. Upon payment of the agreed remuneration, the photographer grants the client the exclusive and unrestricted rights of use and exploitation of the recordings, including the right to edit them, unless otherwise agreed.

  6. The photographer has the right to self-use and naming unless these have been excluded.

3. Licensing of Stock Photos

  1. When licensing stock photos, the photographer grants the licensee the right to use the licensed photos.

  2. The scope of the rights of use results from the agreement. Unless otherwise agreed, the licensee receives a non-exclusive and non-transferable right of use.

  3. Unless otherwise agreed, the Photographer may request credit for the Licensed Photographs.

4. Compensation

  1. The agreed remuneration applies to commissioned productions and the licensing of stock photos.

  2. If, in the case of commissioned productions, the booked period is exceeded, the photographer's fee will increase to a reasonable extent.

  3. If the photographer has been booked for a specific date or period and this is canceled by the client, the photographer retains the right to the agreed remuneration. However, the remuneration is reduced by the expenses saved by the photographer and by the amount that the photographer earned or could have earned with another job on the canceled date.

  4. Invoices are to be paid within 14 days without deduction. The client or the licensee is not permitted to use the recordings or the stock photos until the agreed remuneration has been paid in full.

5. Liability

  1. The client assures that when people are recorded, they have given their consent.

  2. The photographer is responsible for ensuring that the licensed stock photos do not violate the rights of third parties.

6. Privacy

  1. The personal data of the client required for the fulfillment of the contract are stored by the photographer.

  2. The photographer undertakes to treat all information that has become known to him as part of the order confidentially and not to use the photographs - except for his own use - without the consent of the client.

7. Final Provisions

  1. Changes, additions and ancillary agreements must be made in writing to be effective, unless otherwise specified in these General Terms and Conditions. The written form requirement also applies to the waiver of this form requirement.

  2. Should one of the preceding provisions be ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected. Instead of the ineffective or unenforceable provision, a suitable, legally effective replacement provision that comes as close as possible to the economic success is made by mutual agreement.

  3. The place of jurisdiction is based on the statutory provisions. The law of the Federal Republic of Germany.

  4. Should a provision of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.

 

These General Terms and Conditions are based on a template from  https://www.fotoexperten24.de/ .