AGB/Terms


TERMS AND CONDITIONS

  1. GENERAL
    1. The following Terms and Conditions apply to all contracts executed with a Client.
    2. “Image(s)” means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media.
    3. Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Client’s responsibility to verify that the digital data (including color profile, if provided) are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.
    4. Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Photographer’s judgment as to the acceptability of the Images.
  2. RIGHTS
    1. All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Photographer, in accordance with the Copyright Act.
    2. Unless otherwise specifically provided elsewhere, no image licensed for use may be used for commercial, promotional or advertising purposes without the express permission of Photographer and the payment of additional fees.
    3. No rights are transferred to Client unless and until Photographer has received payment in full.
    4. The Client agrees that any usage of any Image without the prior permission of Photographer will be invoiced at five times Photographer’s customary fee for such usage.
    5. Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act.
    6. All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images or the licenses to use them.
    7. Unless specifically provided elsewhere in this document, no reprographic, reprint, republication or other secondary reproduction usages may be made.
    8. All published usages of Images will be accompanied by written credit to Photographer or copyright notice. If a credit is required but not actually provided, Client agrees that the amount of the invoiced fee will be subject to a three times multiple as reasonable compensation to Photographer for the lost value of the credit line.
    9. The photographer is not obliged to give disks, files and data to the Client, unless this has been expressly agreed to in writing. If the Client requires disks, files and data, this must be agreed upon and paid separately.
  3. ALTERATIONS
    1. Client will not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted.
  4. TRANSFER AND ASSIGNMENT
    1. Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of Photographer, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns.
    2. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations here under. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties.
  5. COMPENSATION
    1. For the production of the images, an hourly rate, daily rate or agreed fee is charged; Charges (travel costs, model fees, fees, props, labor and material costs, studio rent, etc.) shall be borne by the Client.
    2. If the Client wishes changes during or after production process, the Client shall bear the additional costs of those changes.
    3. Photographer is an independent contractor and not an employee. If photographer is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire, Client hereby transfers the copyright to all such Images to Photographer. Client agrees to execute any documents reasonably requested by Photographer to accomplish, expedite or implement such transfer.
  6. RESHOOTS
    1. Client will be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, Photographer will charge no additional fee, and Client will pay all expenses.
  7. LIABILITY AND INDEMNIFICATION
    1. The photographer is liable for light resistance and durability of the photos only in the context of the warranty of the manufacturer of the photographic material.
    2. Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Photographer, no model or property release exists, and it is Client’s responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. It is Client’s sole responsibility to determine whether any model or property releases delivered by Photographer are suitable for Client’s purposes. Photographer’s liability for all claims shall not exceed, in any event, the total amount paid under contract.
  8. CANCELLATIONS AND POSTPONEMENTS:
    1. Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus 50 percent of Photographer’s fee; however, if notice of cancellation is given less than five (5) business days before the shoot date, Client will be charged 100 percent fee.
    2. Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after photographer has departed for location, and 50 percent fee if postponement occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.
  9. BILLING
      1. Commercial Clients – Payment on Invoices are due within thirty (30) days after received. The Client will be in default if invoices are not paid within thirty (30) days after receipt of an invoice or equivalent request for payment. The Client will incur a one and one half percent (1-1/2%) per month interest charge on default invoices.
      2. Non-Commercial Clients – Payment of the balance is due the day of the photography session.
    1. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for additional Images, production changes, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations. This agreement incorporates by reference the European Union Copyright Code, as amended.
    2. In the event a shoot extends beyond eight (8) consecutive hours, Photographer may charge for such excess time of assistants and freelance staff at the rate of one and a half (1-1/2) times their hourly rates.
  10. PRIVACY
    1. As necessary for business, the personal data of the Client can be saved. The photographer agrees to treat all Client information as confidential.
  11. FINAL PROVISIONS
    1. Performance for all obligations from the contractual relationship is the registered office of the photographer, if the contracting party is not a consumer. If both parties are merchants, legal persons under public law or a public special fund, the place of business of the photographer is the agreed jurisdiction.