General Terms & Conditions (GTC)
1. General
1.1 The creation of images and other works, as well as the granting of usage rights, is exclusively based on these GTC. They also apply to future contracts unless otherwise agreed.
1.2 Deviating GTC of the client are not recognized, even if they are not expressly contradicted.
1.3 Works are considered to be photographs and other graphic works created by the photographer, regardless of the technical form or medium.
2. Copyright and Usage Rights
2.1 Copyright for the works remains with the photographer in accordance with copyright law.
2.2 The created works are primarily intended for the client’s personal use.
2.3 Usage rights are granted as a simple usage right unless otherwise agreed. Rights may only be transferred through a separate agreement and after full payment.
2.4 Without explicit agreement, the client has no right to reproduce or distribute the works in accordance with § 60 of the Copyright Act.
2.5 The photographer must be named as the author unless otherwise agreed.
2.6 Editing, distribution, or public display of the works is not permitted without the photographer's explicit consent.
2.7 The photographer is not obligated to provide data carriers or digital files unless agreed upon in writing.
2.8 Despite transferred usage rights, the photographer retains the right to use the works for self-promotion. Public displays featuring recognizable individuals will only occur with their consent.
3. Compensation, Retention of Ownership, Storage
3.1 Cost estimates are non-binding. The created documents remain the property of the photographer and may not be shared without consent.
3.2 Compensation is based on hourly rates, daily rates, or flat fees. The client bears incidental costs. The MFM image fee overview serves as a basis for fee calculation.
3.3 The provision of digital files must be separately agreed upon and compensated.
3.4 Works and data carriers remain the property of the photographer until full payment is made.
3.5 Complaints regarding image composition are excluded unless explicit instructions were given. Subsequent changes are at the client’s expense.
3.6 The photographer is not obliged to store the works unless otherwise agreed.
4. Liability
4.1 The photographer’s liability is limited to intent and gross negligence, except for damages to life, body, or health.
4.2 Liability for the durability of photographs is based on manufacturer specifications.
4.3 Shipping and return shipping are at the client’s cost and risk.
5. Secondary Obligations
5.1 The client assures that they hold the necessary rights to the provided materials and indemnifies the photographer against third-party claims.
5.2 Objects to be photographed must be provided on time and collected after the shoot. After the deadline, the photographer may charge storage fees.
6. Service Disruptions and Compensation
6.1 Binding deadlines require explicit confirmation.
6.2 In case of delays caused by the client, the photographer may claim additional costs or compensation.
6.3 Unauthorized use or failure to credit the photographer entitles the photographer to claim damages.
6.4 In case of contract termination without fault, 10% of the order value is payable as compensation.
7. Data Protection
Client data is stored and handled confidentially for business relationship purposes. Contract Client data is stored and handled confidentially for business relationship purposes.
8. Purchase of Photoprints
All photo prints are printed and sent via Saal-Digital directly to the client. Respectively the GTC of Saal-Digital apply for any purchase via the website of www.jovandenberg.com.