With the assignment the client accepts these terms and conditions.
All photographic images are protected according to the law on copyright and related rights in such a way that the copyright remains with the photographer and the customer is only entitled to the usage rights within the scope of the agreements made (RAW image data always remain the property of the photographer).
In case of transfer of rights of use, these rights of use do not extend to the right of electronic and photomechanical reproduction by the principal in amendment to §16 of the Copyright Act.
Templates, layouts, display pieces, etc. handed over to the photographer for processing will be treated with care. In case of damage, incorrect processing or loss, there is no liability beyond the value of the material. A further liability exists only if it is agreed upon or if the client has pointed out in writing at the time of placing the order to possible, unusually high damages and the photographer has taken over the order thereupon.
If agreed delivery dates are exceeded, the client shall not be entitled to any claims for delay if the date has been exceeded for reasons beyond the photographer's control, especially in cases of act of God or bad weather during outdoor shooting.
Complaints of any kind can only be made by the client within 6 days after receipt of the pictures. After expiry of this period, the photos are considered as accepted as per order.
If the photographer has been expressly given design freedom, complaints regarding the interpretation of the picture, the selection of the photo models, the place where the photo was taken and the optical and technical means used are excluded.
Change requests from the customer or his representative during the production of the photo are at the expense of the customer and will be charged at the usual price.
Unless otherwise agreed in writing, the customer only acquires permission for one-time reproduction for his own advertising purposes a) for unsaleable printed products (brochures, advertisements, etc.) or b) for advertisements and advertisement-like publications. Any other reproduction, copying or duplication requires prior written consent and appropriate remuneration.
The delivery of the photographer, in particular with regard to the rights of use granted to the customer, is subject to retention of title until the agreed price has been paid in full. The Photographer shall have a right of retention on material handed over by the Customer or other items belonging to the Customer until his or her fee, expenses, damages, etc. are covered.
The original RAW image data are the property of the photographer. They are aids for the production of electronic or photographic copies or color prints. The customer is only entitled to these, but not to the RAW image data. Original RAW image data will only be transferred to the customer's ownership on the basis of special agreements, and this against payment. The remuneration will be at least the price of the assignment. The copyright of the images remains unaffected.
Unless otherwise agreed upon, payment must be made within two weeks of delivery or completion of the order after invoicing. Payment without deduction (discount). Any costs incurred in this connection shall be borne by the buyer or customer. Interest on arrears can be charged 14 days after the due date.
A fee (daily rate, partial day rate, agreed lump sum) will be charged for the photographer's work. All material and other additional costs (model fees, props and their procurement, travel expenses, etc.) will be invoiced additionally.
All objects handed over to the photographer for photographing are to be insured by the client against damage, loss, theft and the like.
The client bears the risk for all circumstances that are not the responsibility of the photographer, including weather conditions for outdoor shots, timely provision of production, presence of the props (if the procurement is the responsibility of the client), travel restrictions, non-appearance of announced agents of the agents, etc.