§ 1 validity
1. The following terms and conditions apply to all orders, offers, deliveries, and services carried out by the photographer and/or his vicarious agents (assistants/employees), as well as extensions of this contract as expressly included.
2. Unless otherwise agreed, the terms and conditions also apply to all client’s future orders.
3. The basis for the contract is the respective offer from the photographer, in which all agreed services and the remuneration, are stipulated. These offers from the photographer are subject to change and non-binding.
4. If the client wishes to object to the terms and conditions, this must be declared in writing within three working days.
5. The contracting parties agree that only the present terms and conditions of the photographer should apply. Any terms and conditions of the client do not apply. If the contracting parties have made deviating agreements, which have been put down in writing, these take precedence over the present GTC.
6. “Photos” within the meaning of these terms and conditions are all products manufactured by the photographer, regardless of the technical form or medium in which they were created or are available (this includes in particular paper images, images on canvas, images in digital form on USB or other storage media , Negatives and any image material that has been produced with the camera used, etc.).
§ 2 order
1. The client acknowledges that the photos provided by the photographer are copyrighted photographic works within the meaning of § 2 Paragraph 1 Clause. 5 Copyright Act.
2. The client receives only edited picture material in high resolution in JPG format. The submission of unprocessed digital raw data (RAW) is excluded. The storage of the digital image data is not part of the order. The storage is therefore without guarantee. The confirmation of the offer determines the minimum number.
3. The client must ensure that the photographer has all the information required to carry out the order in good time.
4. In the case of photos of people and objects to which third-party copyrights, property rights, or other rights of third parties exist, the client is obliged to obtain the consent of the persons depicted and the rights holder necessary for the production and use of the images.
5. It cannot be guaranteed that all guests present will actually be photographed at weddings.
6. Complaints concerning the content of the delivery or the content, quality, or condition of the image material must be communicated within two weeks of receipt. After the deadline, the images are deemed to have been accepted in accordance with the contract and free of defects.
§ 3 Usage and Copyright
1. The photographer has the exclusive copyright to all photos taken within the respective order’s scope. According to the Copyright Act, copyrights are not transferable.
2. Upon the first request, the contractor transfers a simple right of use to the photos to the client. This only includes private, non-commercial use. Any change, further processing (e.g. through photo composing, assembly or through electronic aids to create a new copyrighted work) of the photos supplied requires the express approval of the photographer. The same applies to the transfer of usage rights to third parties, which the client is generally not permitted to do.
3. Commercial / commercial use of the photographic works in retrospect – regardless of the form in question – by the client himself or by third parties can only take place with the prior written consent of the photographer. This also applies to image files that have been digitally or otherwise altered or alienated by the client or third parties.
4. If the photographer grants permission to use the photos, he can request to be named as the author of the photo. If he makes use of this right, the violation of the right to be named entitles the photographer to compensation.
5. In the event of any unauthorized use, use, reproduction, or distribution of the image material for commercial purposes (in particular in the case of without the consent of the photographer and going beyond the rights granted to the client), a contractual penalty in the amount of five times the usage fee must be paid for each individual case. The photographer expressly reserves the right to assert further claims for damages.
6. The penalties provided for the transfer of usage rights do not create any usage rights.
7. Individual deviations from usage and copyrights and special conditions for people from contemporary history must be agreed in writing.
8. If the approval for publication has been given, the photographer, as the picture author, reserves the right to grant rights of use to the copyright of the photos and graphic representations to third parties in Germany and abroad and to exercise secondary and subsequent rights.
§ 4 Terms of Payment & Price Information
1. All prices include the statutory VAT from 20%.
2. We reserve the right to change prices for repeat orders and future orders, except binding orders that are part of the contract.
3. Due invoices are to be paid within 14 days without deduction. The photos supplied, including USBs or other data carriers, remain the property of the photographer until the purchase price has been paid in full. All rights to the photos also remain with the photographer.
4. Payments are to be made by bank transfer or cash. The client can only offset against claims by the photographer if the client’s counterclaim is undisputed or a legally binding title is available.
5. With the signing of the contract for the wedding photography, a deposit of EUR 500 is due. The dates specified in the contract are only considered booked once the photographer has received the fee. If the advance payment is not received on time, the photographer is not obliged to carry out the order.
§ 5 Granting of publication rights
1. By consenting to publication, the client agrees that the photographer may use the photos for self-promotion and, in particular, may publish the photos (e.g., for exhibitions, trade fairs, homepage, blog, specialist magazines for photography or weddings, etc.). The photographer may also make the photos available to third parties, provided this is for the photographer’s self-promotion.
2. The clients agree to the publication and will also inform the guests of the wedding and obtain their consent that the pictures can be published. The client assures that in this case, the persons depicted have permission to the publication, reproduction, and distribution of the photographs and declare that they themselves agree to this. For third-party claims for compensation that are based on the lack of this consent, the client is fully released from liability to the photographer.
3. The photographer will take the usual care to ensure that neither the bride and groom nor the guests are harmed by the publication of the photos. There is no liability for vicarious agents or vicarious agents as well as other third parties that the photographer uses in this context.
4. Only the first names / imaginary names of the bride and groom are published in all publications.
5. The photographer waives his right of use within the scope of the publication rights to resell the photos for a second use.
§ 6 Remuneration & Invoicing
(1) A fee will be charged for the production of the photos as an hourly rate, daily rate, or an agreed flat rate, including statutory value-added tax as well as any travel expenses.
(2) Any work or extensions that go beyond the respective order (unless part of an additional option) will be billed according to the hours worked. The photographer will prepare an hourly statement on request.
(3) Any travel expenses incurred by the photographer (mileage allowance, hotel costs, etc.) are calculated as a lump sum and are included in the offer. Should the location of the wedding/photoshoot change, the photographer reserves the right to adjust this amount.
(4) If the time provided for the execution of the order is significantly exceeded or extended by the client for reasons for which the photographer or his vicarious agent is not responsible, the photographer’s fee increases, provided a flat rate is agreed on the basis of a time frame was, according to the additional time required. 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 not suffered any damage.
§ 7 Liability, Exclusion of Liability and Transfer of Risk
1. The photographer is only liable for himself and his vicarious agents for damage of any kind in the event of willful intent and gross negligence. This does not apply to damage resulting from injury to life, limb, or health or from the breach of essential contractual obligations that he or his vicarious agents have culpably caused. 2. The photographer assumes no liability for the violation of the rights of persons or objects depicted. 3. The photographer is only liable for damage or loss of negatives or digital image data in the event of willful intent and gross negligence up to the value of the wedding package booked. 4. The photographer is not liable for damage, defects, or loss caused by subcontractors or suppliers who provide their services for their own account. 5. Delivery dates for photos are only binding if they have been expressly confirmed by the photographer. The photographer is only liable for exceeding the deadline in the case of intent and gross negligence. 6. The organization and allocation of bookings, as well as the execution of the commissioned work, are carried out with the greatest possible care. However, if the photographer does not appear at the agreed photo appointment or does not meet the agreed delivery dates due to circumstances for which the photographer is not responsible (e.g., circumstances of force majeure, sudden illness, traffic accident, environmental influences, traffic disruptions, etc.), the client cannot claim any compensation for any resulting damage, consequences or additional costs. In this case, however, the photographer undertakes to reimburse the client for the down payment made. 7. Should the photographer fail at short notice due to the above-mentioned circumstances of force majeure, and should the photographer be able to do so due to these circumstances, he will endeavor, if requested by the client, to recommend a replacement photographer on his own Invoice provides its services. This does not justify a claim to a replacement photographer. 8. We are expressly not liable for any additional costs that arise from booking a replacement photographer or other third party. 9. From the time the image material is properly delivered, the customer is responsible for ensuring that it is used properly. 10. The photographer is only liable for the light resistance and durability of the photos within the framework of the guarantee of the manufacturer of the photo material. For discoloration in the fold area and on the front and back of photo books and wedding albums, the photographer assumes no liability.
§ 8 withdrawal
1. The client has the right to withdraw from this contract up to one month before the wedding date specified in the contract in accordance with the following provision. The relevant point in time for the effective declaration of withdrawal is the receipt of a written declaration by post to the photographer at the above address.
For the sake of good order, it is pointed out that a declaration of withdrawal by email is not sufficient in writing.
Receipt of the declaration of withdrawal
2. – up to 3 months before the booking date: 50% of the price of the wedding package booked
– up to 1 month or less before the booking date: 80% of the price of the wedding package booked.
3. If the service agreed in the offer is canceled by the customer, and the photographer can arrange at least one wedding of equal value for the canceled wedding, the full amount of the deposit will be refunded. However, if there is a difference in the value of the newly booked wedding to this agreement, the photographer will withhold the amount of the difference and refund the remaining amount of the deposit. If it can be proven that no other booking can be made by the photographer or if further inquiries have demonstrably not been accepted on the basis of the existing contract, the photographer incurs a financial loss of 80% of the agreed base fee (fee without additional costs such as book costs, travel, and travel expenses lump sums) will be billed.
1. Exceptions to this are a case of illness (bridal couple) or death (family), which leads to the cancellation of the wedding/celebrations. A review/proof of the situation is at the discretion of the photographer.
§ 9 Exclusivity and Powers
1. The photographer is free with regard to the image perception and artistic and technical design. Complaints in this regard are excluded.
2. The photographer is the only professional photographer commissioned to accompany him photographically on the wedding day. Otherwise, this must be agreed upon in advance.
3. The client must ensure that no photographic service providers are commissioned by the guests or other service providers involved in the wedding. This also applies in particular to service providers who offer photography as a free additional service (DJ, videographers, etc.) or wedding photography as an artistic event. Guests are cordially invited to take snapshots of the wedding as a personal memory. The report of the day and the portrait photos are reserved for the photographer.
4. The photographer has priority over all other people who take photos or videos when it comes to positioning people, cameras, and equipment. If a videographer or video team is hired, this must be expressly agreed with the photographer beforehand.
§ 10 data protection & data collection
1. Data collection, data storage, and data processing are necessary for the execution of the contract.
2. The clients agree that the personal data required for business transactions and the order may be collected, processed, and stored.
3. The photographer ensures that personal data is only collected, saved, and processed insofar as this is necessary
– for the contractual provision of services and
– for the purpose of executing the contract,
– contractual and pre-contractual obligations and
– to protect our own legitimate business interests
required and permitted by legal regulations or ordered by law.
4. The photographer will treat personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties unless this is necessary for the fulfillment of contractual obligations (e.g., online galleries, photo books, prints …) and/or a there is a legal obligation to transfer it to third parties.
5. The personal data will be deleted as soon as they are no longer required for the purpose of their processing, reordering, and marketing and as long as there is no legal obligation to retain them.
6. A free information about all personal data of the client is possible. For questions and requests for deletion, correction, or blocking of personal data as well as the collection, processing, and use, the client can contact the following address:
§ 11 final provisions
1. Oral side agreements to the contract do not exist at the time of the conclusion of the contract and must if subsequently desired, be in writing in order to be effective.
2. The law of the Republic of Austria applies.
3. Place of performance and place of jurisdiction is the photographer’s place of business unless another place of jurisdiction is stipulated by law.
4. In the event that the client does not have a place of jurisdiction in the Republic of Austria or relocates his registered office or habitual residence abroad after the conclusion of the contract, the registered office of the photographer is agreed as the place of jurisdiction.
5. Should individual provisions of these general terms and conditions be or become legally ineffective, this does not affect the effectiveness of the entire contract. They are then to be interpreted in good faith or supplemented or replaced by new statutory provisions.