1. Scope
    These General Terms and Conditions apply to all orders placed with the photographer and for the licensing of stock photos. They also apply without repeated notice for further similar contracts. Differing conditions set by the client or licensee are not recognized unless the photographer explicitly agrees to their validity.
  2. Commissioned Productions
    In commissioned productions, the photographer creates recordings for the client. Contracts for commissioned productions are concluded by the photographer’s offer and the client’s acceptance. From the recordings made, the photographer selects the agreed number at their discretion, performs general image optimization, and provides them to the client via data transfer or on a data carrier. Delivery dates are only binding if they have been explicitly agreed upon. Additional services by the photographer such as image editing, storage, image gallery, or printing are agreed upon individually. If the client has not given explicit instructions regarding the design of the recordings, complaints regarding the artistic interpretation and technical design are excluded. The photographer grants the client exclusive and unlimited rights to use and exploit the recordings, including the right to edit, upon payment of the agreed fee, unless otherwise agreed. The photographer retains the right to use the images himself and to be credited unless this has been excluded.
  3. Licensing of Stock Photos
    In licensing stock photos, the photographer grants the licensee usage rights to the licensed photos. The extent of the usage rights is determined by the agreement. Unless otherwise agreed, the licensee receives a non-exclusive and non-transferable right to use. Unless otherwise agreed, the photographer may require to be credited as the creator of the licensed photos.
  4. Compensation
    For commissioned productions and the licensing of stock photos, the agreed compensation applies. If there is an exceedance of the booked time during commissioned productions, the compensation of the photographer increases to a reasonable extent. If the photographer has been booked for a specific date or period and it is canceled by the client, the photographer retains the right to the agreed compensation. However, the compensation is reduced by the expenses saved by the photographer and by the amount the photographer has earned or could have earned from another assignment on the canceled date. Invoices are payable within 14 days without deduction. Until full payment of the agreed compensation, the client or licensee is not permitted to use the recordings or stock photos.
  5. Liability
    The client assures that consent has been obtained from individuals at the time of recording. The photographer is liable to ensure that the licensed stock photos do not infringe any third-party rights.
  6. Data Protection
    The personal data of the client necessary for the fulfillment of the contract are stored by the photographer. The photographer commits to treating all information obtained in the course of the contract confidentially and not to use the recordings without the client’s consent, except for personal use.
  7. Final Provisions
    Modifications, supplements, and ancillary agreements require written form to be effective, unless otherwise stipulated in these General Terms and Conditions. The requirement for written form also applies to the waiver of this requirement. Should any of the preceding provisions be invalid or unenforceable, the effectiveness of the remaining provisions shall remain unaffected. Instead of the invalid or unenforceable provision, an appropriate legally valid substitute provision will be made by mutual agreement, which approximates the economic success as closely as possible. The place of jurisdiction is governed by statutory provisions. The laws of the Federal Republic of Germany apply. Should a provision of these General Terms and Conditions be ineffective, it does not affect the effectiveness of the remaining provisions.