top of page

Terms of Service

I. General  

1. The production of images and other works and the granting of rights of use are based exclusively on the following terms and conditions (GTC). These conditions also apply to all future contracts for the production and granting of rights of use, unless expressly agreed otherwise.

 

2. Terms and conditions of the client that deviate from the following conditions will not be recognized. Such deviating terms and conditions do not become part of the contract even if the photographer does not expressly object.  

3. Works are photographs and other graphic works produced by the photographer, moving and still, regardless of the technical form or medium in which they were created or are available.  

II. Copyright and Rights of Use  

1. The photographer is entitled to the copyright to the photographs in accordance with the Copyright Act.


2. The works 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, only the simple right of use is transferred in each case, unless expressly agreed otherwise. A transfer of usage rights requires the special agreement. Rights of use are only transferred to the works that the client accepts as being in accordance with the contract, not to the works that are only made available for viewing or selection.  

4. The rights of use are only transferred after full payment of all claims to which the photographer is entitled from the business relationship.

5. The person ordering an image 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.  

6. MISS AVERYN PHOTOGRAPHY is the sole copyright holder. Both contracting parties are entitled to store the photos produced without any restrictions in terms of time, place or content in modified or unmodified form on any type of storage media (Art. 24 §1 URG), to publish them on the Internet (except partial/full nude) and to print copies of the photos to have it made or/and to print it out yourself. If the client publishes the photos on the Internet, the contractor must make it clear that the photographer is the author of the images. eg Photographer: MISS AVERYN PHOTOGRAPHY. For commercial use, the customer requires an extended, fee-based right of use from the photographer. 


7. a) The processing of the photographer's works (e.g. photo composing, montage or other electronic or analogue manipulation) and their duplication and distribution, analogue or digital; 

b) the dissemination of the Photographer's works on the Internet and intranets, in online databases, in electronic archives not only intended for internal use by the Employer, on diskettes, CD-ROMs or other data carriers; 

c) public reproduction on screens or projectors is not permitted unless this has been expressly agreed between the photographer and the client.


8. 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.  

9. Irrespective of the transferred rights of use, the photographer remains entitled to use the works for self-promotion. Works that show recognizable people will only be publicly reproduced with their consent.  

III. Compensation, retention of title, storage  

1. The photographer's cost estimates are non-binding. The photographer reserves all rights of use and distribution to cost estimates, drawings, graphics, plans and other documents created by him. They may not be made accessible to third parties. If the order is not placed, these must be returned to the photographer immediately.  

 

2. Wedding date reservation is 25% of the total amount and is to be paid in advance in cash, by PayPal or by bank transfer  to pay. After receipt of payment, the appointment will be reserved.

3. A fee is agreed for the production of the works as an hourly rate, daily rate or an agreed flat rate; Additional costs (travel expenses, model fees, expenses, props, laboratory and material costs, studio rent, data handling costs, etc.) are to be borne by the client. If the client wishes the photographer to provide him with data carriers, files and data, this must be agreed and paid for separately. The current price table of the photographer applies, unless otherwise agreed.  

4. The delivered works and data carriers remain the property of the photographer until all claims to which the photographer is entitled from the business relationship have been paid in full.


5. 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.

 

6. The photographer is not obliged to store analogue negatives or digital data of the works produced after they have been accepted by the customer and made available to him in a contractual manner. If storage or storage is to take place with the photographer, this must be expressly agreed and paid for separately.  

IV. Liability

 

1. The liability of the photographer and his vicarious agents for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to violations of 

Life, body or health of the client or the persons to be photographed, claims due to the violation of cardinal obligations, i.e. obligations that arise from the nature of the contract and the violation of which jeopardizes the achievement of the purpose of the contract, as well as compensation for damage caused by delay (§ 286 BGB). In this respect, the photographer is liable for every degree of fault. However, liability in the event of a delay in delivery is limited to 0.5% of the agreed remuneration for the works to be delivered for each completed week of delay within the framework of a flat-rate compensation for delay, with a maximum of 5% of the agreed remuneration. Liability in the event of a breach of essential contractual obligations is limited to the regularly foreseeable damage.  

3. The photographer is only liable for the lightfastness and durability of photographs within the framework of the guarantee provided by the manufacturer of the photographic material.


4. Works, templates and other data carriers are sent and returned at the customer's expense and risk. 

The client can determine how and by whom the shipment is made.  

V. Ancillary Obligations  

1. The client assures that he has the right to reproduce, edit and distribute all templates and works provided to the photographer and, in the case of portraits of people, the consent of the people depicted for publication, reproduction and distribution. The customer indemnifies the photographer against claims for compensation by third parties based on the violation of this obligation.  

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 at the latest two working days after notification of the end of the recording, the photographer is entitled to charge storage costs or, if his studio space is blocked, to remove or store the objects at the expense of the client. 14 days after the request, the risk of accidental loss or damage passes to the client.  

VI. Default, cancellation fee, compensation  

1. Schedules and delivery dates are only binding if they have been expressly confirmed as binding by the photographer.


2. If the time provided 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 that a flat rate was 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 suffered little or no damage. If the client is responsible for the delay, the photographer can also claim further damages.  

3. a) If the customer does not name the author of the picture when it is published, the customer must pay damages in the amount of the agreed fee, if none has been agreed, in the amount of the usual usage fee, but at least €200 per picture and individual case. 

b) In the event of unauthorized use, modification, redesign or transfer of a work by the customer, the latter must pay compensation in the amount of twice the fee agreed for this use, it has not been agreed that double the usual usage fee, but at least €200 per work and individual case. 

c) If the contractor is unable to carry out the order at short notice for reasons such as illness, accident or force majeure, he will endeavor to provide a replacement if this is possible. Should the worst case occur and it is not possible to organize a replacement, the appointment reservation fee will be refunded to the client. Cancellation by the client is possible up to 3 months before the event date. In the event of a later cancellation, the appointment reservation fee will be retained.

d) If the customer accepts the order before the start of execution without the photographer being at fault, he must pay the photographer 100% of the total order amount as damages.
e) The photographer reserves the right to claim further damages for a) - c). The client reserves the right to prove a small actual damage to a) - c).
 

VII. Data protection  

The client's data communicated by the photographer will be stored electronically insofar as this is necessary for the proper processing of the business relationship. The photographer undertakes to treat all information that has become known as part of the order confidential.  

VIII. Final Provisions  

If both contracting parties are merchants or the customer is a legal entity under public law or a special fund under public law, the place of jurisdiction is the place of jurisdiction of the photographer.  

IX. miscellaneous  

The photographer points out that the client may have to pay artist social security contributions for the remuneration paid. The client will find out about this himself. 

bottom of page