1.

These general Terms and Conditions are applicable for all orders, quotes, deliveries and services provided by  the photographer and/or his/her agent.  They are applicable for each stage of creative development and in particular for digitally produced photographs.

2.

They are considered as agreed to by the customer's acceptance of the photographer's quote and/or by the customer's acceptance of the photographer's delivery of service.

3.

Within the context of an ongoing business relathionship, the General Terms and Conditions are applicable, even without explicit approval, to all future orders, deliveries or services of the photographer.

4.

Without other agreement between the parties, the creative presentantion of the photographic work is at the discretion of the photographer.

5.

The photographer is responsible for supplying cameras and other equipment necessary for carrying out the order.

6.

To carry out the photographic works, the photographer and/or his/her agent may appoint auxillary staff of his/her choice (assistants, make-up artists, stylists, etc).

7.

Analogically and digitally produced photographs, in particular RAW files remain the property of the photographer. The customer has no right to retention of supplied photographic images.

8.

The customer shall treat photographic images made available to him/her with the utmost care.

9.

Complaints concerning the content, quality, or condition of the photographic images are to be communicated by notice of defects within 7 days of receipt.  Otherwise, the photographic images are considered approved.

10.

The customer is responsible for ensuring that persons, objects and locations necessary for carrying out the order are available and/or accessible.

11.

The customer will be held liable for costs incurred and third party costs if the customer does not fulfil the obligations (as stated in paragraph 10) or postpones a photo shoot less than 2 workdays prior to the appointment.  In addition, the photographer has the right to claim compensation of 50% of the fee agreed on for the photo shoot.

12.

It is not the reponsibility of the photographer to obtain the approval (model release) of persons to be photographed nor of legitimate persons on location (location release) concerning the planned usage of the photographic images if the customer has designated the persons or locations that are to be photographed.

13.

The photographer may name the customer as a reference in written or electronic form.

14.

With delivery and payment of the works, the customer acquires a license for use of the photographic works within the agreed scope.  Not included herein is a sub-licensing to third parties by the customer.

15.

The photographer can use the photographic images for his/her own advertising and, except as otherwise agreed, license the to third parties.

16.

Modifications to the photographic images by analogue or digital composing and/or montage for the production of a new copyright product are only authorised with the photographer's prior written consent.

17.

The photographic images may not be copied or photographed as a replicate or used as a motif in a picture.

18.

If the work is used, the customer shall, as far as customary, ensure appropriate names are given.

19.

If the photographic images are used by the photographer for his/her own purposes of for licensing to third parties, the photographer guarantees that the depiction of persons, objects or locations does not infringe any rights of third parties.

20.

In case of a dispute, the customer bears the court costs and assumes claims for damages against the photographer by third parties who ( in accordance with paragraph 12) have authorised the customer to use photographic images.

21.

The remuneration agreed on between the parties, plus VAT (providing the photographer is obliged to pay VAT), is owed and payable upon delivery of the images.

22.

Costs and expenses for the execution of the job, such as for example remuneration for auxillary staff and models as well as rental fees for equipment, rental costs for studios, photo shoot locations, props, travel expenses, allowances, etc. are not included in the remuneration and will be charges to the customer.