General Terms and Conditions
1. The following general terms of delivery and business (hereinafter referred to as the GTC) apply to all orders, offers, deliveries and services performed by the photographer.
2. They are deemed to be agreed upon with the acceptance of the delivery or service or the offer of the photographer by the customer, at the latest, however, with the acceptance of the pictorial material for publication.
3. If the customer wants to contradict the terms and conditions, this is to be explained in writing within three working days. Deviating terms and conditions of business of the customer are hereby contradicted. Deviating business conditions of the customer are not valid, unless the photographer acknowledges them in writing.
4. In the context of an ongoing business relationship, the General Terms and Conditions shall also apply to all future orders, offers, deliveries and services of the photographer, without express inclusion, unless otherwise expressly agreed.
II. PRODUCTION TO ORDER
1. If the photographer makes cost estimates, these are non-binding. If there is a cost increase during the production process, the photographer is only to be notified of it if it becomes apparent that the total costs initially incurred are exceeded by more than 15%. If the planned production time is exceeded for reasons beyond the responsibility of the photographer, an additional fee shall be paid on the basis of the agreed time auditor or in the form of an appropriate increase in the flat rate.
2. The photographer is entitled to commission services of third parties, which must be purchased for the execution of the production, in the name and with authority and for the account of the customer.
3. Subject to a different regulation, the photographs which are submitted to the customer for acceptance after completion of the production are selected by the photographer.
4. If the photographer has not received any written complaints within two weeks after delivery of the recordings, the recordings shall be accepted as contractual and defect-free.
III. PROVIDED PHOTOGRAPHIC MATERIAL (ANALOG/DIGITAL)
1. The General Terms and Conditions shall apply to any image material provided to the customer, irrespective of the creative level or technical form. In particular, they also apply to electronic or digitally transmitted images.
2. The customer acknowledges that the photographic material provided by the photographer is copyrighted light images i.S.v. § 2 (1) 5 Copyright Act (German Law: Urheberrechtsgesetz).
3. Design proposals or concepts commissioned by the customer shall be independent services which shall be remunerated.
4. The photographic material left over shall remain the property of the photographer, even in the event that compensation is paid for this.
5. The customer shall handle the images carefully and carefully and may only pass them on to third parties for purposes of sighting, selection and technical processing.
6. Complaints concerning the contents of the delivered consignment or the content, quality or condition of the pictorial material must be communicated within two weeks after receipt. Otherwise, the photographic material shall be deemed to be duly, in accordance with the contract and as indicated.
IV. RIGHTS OF USE
1. In principle, the customer acquires only a simple right of use for one-time use. Publications on the Internet or the inclusion in digital databases are, subject to other agreements, limited in time for the duration of the publication periods of the corresponding or a comparable print object.
2. Exclusive usage rights, media-related or spatial exclusive rights or blocking periods must be agreed separately.
3. With the delivery only the right of use is transferred for the one-time use of the pictorial material for the purpose specified by the customer and in the publication and in the medium or data medium which / -sn the customer has specified or which / -from the circumstances of the order. In case of doubt, the purpose for which the photographic material has been made available according to the delivery note or the shipping address is decisive.
5. Alterations of the pictorial material by means of photocomposing, assembly or by electronic means for the creation of a new copyrighted work are only permitted with the prior written consent of the photographer and only with the [M] marking. The photographic material must also not be marked, photographed or otherwise used as a motif.
6. The customer shall not be entitled to transfer the rights of use granted to him in whole or in part to third parties or to other group or subsidiary companies. Any use, reproduction or transmission of the picture material is only permitted provided that the photographer’s copyright notice is affixed to the image in question.
7. The granting of the rights of use is subject to the condition precedent for the full payment of all payment claims by the photographer from the respective contractual relationship.
8. The photographer shall also retain the right to use his photos for the purpose of self-promotion himself when the exclusive (exclusive) rights of use are transferred.
1. The photographer does not accept any liability for the infringement of the rights of signs (trademarks, company design samples) persons or objects, unless a correspondingly signed release form is enclosed. The customer is responsible for the acquisition of rights of use beyond the photographic copyright, eg for illustrated works of the visual or applied art as well as the obtaining of publication permits with collections, museums etc. The customer bears the responsibility for the description as well as the meaning connections resulting from the concrete publication.
2. The customer is responsible for its correct use from the time of the proper delivery of the picture material.
1. The agreed fee shall apply. If no fee has been agreed upon, it is determined according to the current overview of the photo-marketing (MFM) of the Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee is exclusive of VAT.
2. With the agreed fee, the one-time use of the pictorial material for the agreed purpose according to para. IV. 3, according to the written agreements.
3. Costs and expenses (for example material and labor costs, model honors, costs for necessary props, travel expenses, necessary expenses, etc.) incurred by the order are not included in the fee and shall be borne by the customer.
4. The fee is payable upon delivery of the recording. If a production is delivered in parts, the corresponding partial contract shall be payable with the respective delivery. The photographer shall be entitled to charge advance payments in the case of production orders in accordance with the respective scope of services provided.
6. A set-off or the exercise of the right of retention is only permitted with uncontested or legally established claims of the customer. It is also permissible to set off against contested but decisive counterclaims.
VII. RETURN OF FOOTAGE/IMAGES
1. Analogous pictorial material shall be returned in the form provided immediately after the publication or the agreed use, but no later than three months after the delivery date, without being asked; Two copies are to be enclosed. An extension of the 3-month period requires the written permission of the photographer.
2. Digital data shall be deleted or the data carriers destroyed after the end of the usage. The photographer is not liable for the existence and / or the possibility of re-delivery of the data.
3. If the photographer, at the request of the customer or with his consent, leaves the material only for the purpose of checking whether a use or publication is possible, the customer must return analogue image material at the latest within one month after receipt, provided that no other deadline is recorded on the delivery note Is. Digital data must be deleted or the data carriers destroyed or returned. An extension of this period is only effective if it has been confirmed by the photographer in writing.
4. The return of the pictorial material shall be carried out by the customer at its expense in packaging customary in the industry. The customer bears the risk of loss or damage during transportation to the entrance of the photographer.
VIII. CONTRACT NOTICE, DAMAGES
1. In the case of any unauthorized use (without the consent of the photographer), use, reproduction or transmission of the photographic material, a contractual penalty of 5 times the usage fee shall be payable for each individual case subject to further claims for damages.
2. In case of omitted, incomplete, incorrectly placed or non-assignable copyright notice, a surcharge of 100% shall be payable on the agreed or customary usage fee.
3. A contract penalty of 50% of the usage fee shall be payable in the case of a missing copy or in the case of billing without proof copy or in the case of billing without indication of which image was used at which point in which publication.
4. The use of the payments provided for in section VII does not give rise to any rights of use.
1. The law of the Federal Republic of Germany shall be deemed to have been agreed upon, including for deliveries abroad.
2. Sub-agreements to the contract or to these General Terms and Conditions require the written form to be effective.
3. The nullity or invalidity of one or more provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with an appropriate and effective provision which comes as close as possible to the intended regulation, both economically and legally.
4. The place of performance and jurisdiction is the photographer’s place of residence if the customer is a full buyer.