1. Scope

1. These terms and conditions apply to all orders placed with the photographer and to the licensing of stock photos.
2. They also apply to other similar contracts without further reference.
3. Different conditions from the client or licensee will not be recognized unless the photographer expressly agrees to their validity.

2. Commissioned productions

1. In commissioned productions, the photographer takes photos for the client. Contracts for commissioned productions are concluded through the photographer's offer and acceptance by the client.
2. From the photographs taken, the photographer selects the agreed number at his own discretion, carries out a general image optimization and leaves them to the client via data transfer or on a data carrier.
3. Delivery dates are only binding if they have been expressly agreed upon.
4. Other additional services provided by the photographer such as image editing, storage, image gallery or printing are agreed upon individually.
5. If the client has not given the photographer any express instructions regarding the design of the photographs, complaints regarding the image conception and the artistic-technical design are excluded.
6. The photographer grants the client the right to do so upon payment of the agreed remuneration exclusive and unrestricted rights of use and exploitation of the recordings, including the right to edit them, unless otherwise agreed.
7. The photographer has the right to personal use and to attribution, provided these have not been excluded.

3. Licensing of stock photos

1. When licensing stock photos, the photographer grants the licensee usage rights to the licensed photos.
2. The scope of the usage rights 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 can request to be named as the author of the licensed photos.

4. Remuneration

1. The agreed remuneration applies to commissioned productions and the licensing of stock photos.
2. If the booked period is exceeded for commissioned productions, the photographer's remuneration increases to an appropriate 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 photographer's saved expenses and by the amount that the photographer earned or could have earned with another assignment on the canceled date.
4. Invoices are due within 14 days without deductions pay. The client or licensee is not permitted to use the recordings or stock photos until the agreed remuneration has been paid in full.

5. Liability

1. The client assures that when people are photographed, they have given their consent.
2. The photographer is liable to ensure that the licensed stock photos do not violate the rights of third parties.

6. Data protection

1. The client's personal data required to fulfill the contract will be stored by the photographer.
2. The photographer undertakes to treat all information and recordings that become known to him as part of the order confidentially - except for personal use - not to be used without the consent of the client.

7. Final provisions

1. Changes, additions and additional agreements must be made in writing to be effective, unless otherwise stated in these General Terms and Conditions.
2. The requirement for written form also applies to the waiver of this formal requirement .
3. If one of the preceding provisions is invalid or unenforceable, the effectiveness of the remaining provisions remains unaffected. Instead of the ineffective or unenforceable provision, a suitable, legally effective replacement provision that comes as close as possible to economic success will be made by mutual agreement.
4. The place of jurisdiction is based on the statutory provisions. The law of the Federal Republic of Germany applies.
5. Should a provision of these General Terms and Conditions be invalid, the effectiveness of the remaining provisions will not be affected.

Source: FotoExperten24.de