Terms of Service

I validity

  • 1. The following general terms and conditions (hereinafter referred to as GTC) apply to all orders, offers, deliveries and services carried out by the agency.
  • 2. They are deemed to have been agreed upon receipt of the delivery or service or the offer from the agency by the customer.
  • 3. If the customer wishes to object to the terms and conditions, this must be declared in writing within three working days. Deviating terms and conditions of business of the customer are hereby contradicted. Deviating terms and conditions of the customer are not valid unless the photographer acknowledges them in writing.
  • 4. In the context of an ongoing business relationship, the terms and conditions also apply to all future orders, offers, deliveries and services of the photographer, even without express inclusion, unless expressly deviating regulations are made.
  • II commissioned productions

  • 1. As far as the agency creates cost estimates, these are non-binding. If cost increases occur during production, these are only to be reported by the agency when it becomes apparent that the originally estimated total costs are to be expected to exceed the originally estimated total costs by more than 15%. If the planned production time is exceeded for reasons for which the agency is not responsible, additional remuneration is to be paid on the basis of the agreed time fee or in the form of a reasonable increase in the flat fee.
  • 2. The agency is entitled to commission services from third parties that have to be purchased to carry out the production in the name and with power of attorney and for the account of the customer.
  • 3. Unless otherwise stipulated, the photographs/video footage that are presented to the customer for approval after production is complete will be selected by the agency.
  • 4. If the agency has not received any written notifications of defects within two weeks of delivery of the photos, the photos/video footage are deemed to have been accepted in accordance with the contract and free of defects.
  • III Image material provided (analog and digital)

  • 1. The terms and conditions apply to any image material provided to the customer, regardless of the creative level or the technical form. They also apply in particular to image material transmitted electronically or digitally.
  • 2. The customer acknowledges that the image material supplied by the agency is a copyrighted photographic/videographic works within the meaning of Section 2, Paragraph 1, Clause 5 of the Copyright Act.
  • 3. The photographic/videography material provided remains the property of the agency, even in the event that compensation is paid for it.
  • 4. The customer must treat the image/video material carefully and with care and may only pass it on to third parties for private viewing, selection and technical processing purposes.
  • 5. 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. Otherwise, the image/video material is deemed to have been received properly, in accordance with the contract and as recorded.
  • IV Rights of Use

  • 1. In principle, the customer only acquires a simple right of use for private use. Non-commercial publications on the Internet or posting in social networks are permitted.
  • 2. Exclusive rights of use, media-related or spatial exclusive rights or blocking periods must be agreed separately.
  • 3. Any additional use, exploitation, duplication, distribution or publication is subject to a fee and requires the express prior consent of the agency. This applies in particular to: secondary use or secondary publication, in particular in anthologies, brochures accompanying the product, in advertising or other reprints, any processing, modification or redesign of the image material, the digitization, storage or duplication of the image material on data carriers of all kinds (e.g. magnetic, optical , magneto-optical or electronic carrier media such as CD-ROM, DVD, hard drives, memory, microfilm, etc.), provided that this is not only used for the technical processing and management of the image material in accordance with Section III 5. Terms of service, any duplication or use of the image data on digital Data carriers, any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (also insofar as the customer's internal electronic archives are concerned), the forwarding of the digitized image material by means of remote data transmission or on data carriers that are suitable for public reproduction on screens or for the production of hard copies.
  • 4. Changes to the image material through photo/video composing, montage or through electronic aids for creation1. Changes to the image material through photo/video composing, montage or electronic aids to create a new work protected by copyright are only permitted with the prior written consent of the agency and only if marked with [M]. The image/video material may also not be copied, photographed reproduced or used in any other way as a motif.
  • 2. The customer is not entitled to transfer the rights of use granted to him in whole or in part to third parties, not even to other group or subsidiary companies. Any use, reproduction or forwarding of the image material is only permitted provided that the copyright notice given by the photographer is unequivocally assigned to the respective image.
  • 3. The granting of the rights of use is subject to the condition precedent that all payment claims of the photographer from the respective contractual relationship are paid in full.
  • V liability

  • 1. The agency assumes no liability for the violation of rights of persons or objects depicted, unless an appropriately signed release form is attached. The acquisition of usage rights beyond the photographic/videographic copyright, e.g. B. for illustrated works of fine or applied arts as well as obtaining publication permits for collections, museums, etc. is the responsibility of the customer. The customer is responsible for the text as well as the contexts of meaning resulting from the specific publication.
  • 2. From the time the image material is properly delivered, the customer is responsible for ensuring that it is used properly.
  • VI fees

  • 1. The agreed fee applies. If no fee has been agreed, it is based on the current picture fee overview of the Mittelstandsgemeinschaft FotoMarketing (MFM). The fee is exclusive of the applicable VAT.
  • 2. The agreed fee covers the one-off use of the image/video material for the agreed purpose in accordance with Section IV.3.
  • 3. Costs and expenses incurred through the order (e.g. material and laboratory costs, model fees, costs for necessary props, travel costs, necessary expenses, etc.) are not included in the fee and are to be borne by the customer.
  • 4. The fee is due upon delivery of the recording. If a production is delivered in parts, the corresponding partial fee is due with the respective delivery. In the case of production orders, the photographer is entitled to demand advance payments in accordance with the scope of services provided.
  • 5. The fee according to VI. 1. General terms and conditions are to be paid in full even if the image material ordered and delivered is not published. If the recordings are used as a template for layout and presentation purposes, unless otherwise agreed, a fee of at least EUR 75.00 per recording is due.
  • 6. Offsetting or exercising the right of retention is only permitted with undisputed or legally established claims by the customer. It is also permissible to set off counterclaims that are disputed but ready for decision.
  • VII Return of the picture material

  • 1. Analogue image material must be returned in the form supplied immediately after publication or the agreed use, but no later than 3 months after the delivery date, without being asked to do so; two specimen copies are to be enclosed. An extension of the 3-month period requires the photographer's written approval.
  • 2. Digital data are to be deleted or the data carriers are to be destroyed after use. The photographer is not liable for the existence and / or the possibility of a renewed delivery of the data.
  • 3. If the photographer only provides photographic material at the customer's request or with the customer's consent for the purpose of checking whether use or publication is possible, the customer must return analogue photographic material within one month of receipt at the latest, unless a different deadline is noted on the delivery note is. Digital data are to be deleted or the data carriers are to be destroyed or returned. An extension of this period is only effective if it has been confirmed in writing by the photographer.
  • 4. The return of the image material is carried out by the customer at his own expense in packaging customary in the industry. The customer bears the risk of loss or damage during transport to the photographer's receipt.
  • VIII Contractual Penalty, Compensation for Damages

    1. In the event of any unauthorized use, application, reproduction or transfer of the image material (without the consent of the photographer), a contractual penalty in the amount of five times the usage fee must be paid for each individual case, subject to further claims for damages.

    2. In the case of omitted, incomplete, incorrectly placed

    1. If the copyright notice is omitted, incomplete, incorrectly placed or cannot be assigned, a surcharge of 100% on the agreed or customary usage fee must be paid.

    IX General

    1. The law of the Federal Republic of Germany applies as agreed, also for deliveries abroad.

    2. Ancillary agreements to the contract or to these terms and conditions must be made in writing to be effective.

    3. The possible nullity or ineffectiveness of one or more provisions of these terms and conditions does not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with a meaningful and effective provision that comes closest to the intended regulation economically and legally.

    4. If the customer is a registered trader, the place of fulfillment and jurisdiction is the photographer's place of residence.