General Terms and Conditions of Delivery and Business (GTC)

(Klick hier für die deutsche Version)

I. Scope

1. The following General Terms and Conditions of Delivery and Business (hereinafter referred to as “GTC”) apply to all assignments, offers, deliveries, and services carried out by the photographer.
2. They are deemed accepted upon receipt of the delivery or service or of the offer by the photographer, at the latest, however, upon acceptance of the photographic material for publication.
3. If the client wishes to object to the GTC, this must be declared in writing within three working days. Any deviating terms and conditions of the client are hereby expressly rejected. Such terms shall not become part of the contract unless expressly confirmed in writing by the photographer.
4. The GTC also apply, without explicit inclusion, to all future assignments, offers, deliveries, and services of the photographer within the framework of an ongoing business relationship, unless expressly agreed otherwise.

II. Commissioned Productions

1. Cost estimates provided by the photographer are non-binding. Should cost increases occur during production, the photographer must notify the client once it becomes apparent that the originally estimated total costs are expected to be exceeded by more than 15%. If the scheduled production time is exceeded for reasons not attributable to the photographer, additional remuneration shall be paid based on the agreed hourly rate or as a reasonable surcharge to the flat fee.
2. The photographer is entitled to commission third-party services required for the production in the name, with the authority, and at the expense of the client.
3. Unless otherwise agreed, the photographer shall select the images to be presented to the client for acceptance upon completion of production.
4. If no written complaints regarding defects are received within two weeks of delivery, the images shall be deemed contractually compliant and free of defects.

III. Supplied Photographic Material (analogue and digital)

1. These GTC apply to all photographic material supplied to the client, regardless of production stage or technical format. This also applies to electronic or digitally transmitted material.
2. The client acknowledges that the photographic material provided by the photographer constitutes copyright-protected works as defined by § 2 (1) no. 5 of the German Copyright Act.
3. Client-commissioned design suggestions or concepts are independent services and must be remunerated.
4. The supplied photographic material remains the property of the photographer, even if compensation for damages has been paid.
5. The client shall handle the photographic material with care and may pass it on to third parties only for internal business purposes of viewing, selection, or technical processing.
6. Complaints regarding the content of the delivery, or the quality or condition of the photographic material, must be submitted within two weeks of receipt. Otherwise, the material shall be deemed properly, contractually, and duly received.

IV. Usage Rights

1. The client generally acquires only a simple right of use for one-time usage. Publications on the internet or storage in digital databases are, unless otherwise agreed, limited to the duration of the publication period of the corresponding or comparable print medium.
2. Exclusive rights, media-related or territorial exclusivity, or blocking periods must be agreed separately and require a surcharge of at least 100% of the base fee.
3. Delivery grants only the right to use the photographic material once, for the purpose specified by the client, in the publication and medium/data carrier indicated by the client or resulting from the circumstances of the order. In case of doubt, the intended use evident from the delivery note or dispatch address is binding.
4. Any use, exploitation, reproduction, distribution, or publication beyond clause 3 requires prior written consent from the photographer and is subject to additional fees. This particularly applies to:
   – secondary use or publication, especially in anthologies, brochures, advertising, or reprints, as well as any editing, alteration, or modification of the photographic material,
   – digitization, storage, or duplication on any data carriers (e.g., CD-ROM, DVD, hard drives), except for technical processing/administration as per III.5,
   – use in the internet, online databases, or other electronic archives (including internal),
   – transfer of digitized images via data transmission or on media for public display or hardcopy production.
5. Alterations by photocompositing, montage, or electronic tools to create a new work are only permissible with prior written consent from the photographer and must be clearly marked as altered. The material may not be redrawn, recreated, or used as a motif.
6. The client may not transfer usage rights, wholly or partially, to third parties, including affiliated companies.
7. Any use or transfer is only permissible if the photographer’s copyright notice is clearly attached to the respective image.
8. Use on social networks (e.g., Instagram, Facebook, TikTok) is permitted within the scope of the simple usage right, provided it is not for commercial purposes. A clearly visible copyright notice must always be placed directly on or next to the image. Publications without credit are a breach of these GTC and entitle the photographer to additional fees as per VIII.
9. Granting of usage rights is subject to full payment of all claims of the photographer arising from the respective contract.

V. Liability

1. The photographer assumes no liability for the infringement of rights of depicted persons or objects unless a signed release form is provided. Obtaining usage rights beyond copyright law, e.g., for works of art or permissions from collections/museums, is the responsibility of the client. The client bears responsibility for captions and the contextual meaning arising from publication.
2. From the time of proper delivery, the client is solely responsible for correct usage of the material.

VI. Fees

1. The agreed fee applies. If no fee has been agreed, the current fee schedule of the Mittelstandsgemeinschaft Foto-Marketing (MFM) applies. Fees are subject to VAT.
2. The agreed fee covers one-time use of the photographic material for the agreed purpose under IV.3.
3. Additional costs (materials, lab, models, props, travel, expenses, etc.) are not included and are borne by the client.
4. Fees are due upon delivery. For partial deliveries, corresponding partial fees are due.
5. The photographer may request advance payments proportional to services rendered.
6. The fee remains payable in full even if the commissioned material is not published. For use as working templates for layouts or presentations, a minimum fee of EUR 75.00 per image applies, unless otherwise agreed.
7. Set-off or retention is only permitted against undisputed or legally established claims of the client. Set-off with contested but ready-for-decision counterclaims is also permitted.

VII. Return of Photographic Material

1. Analogue material must be returned unprompted, in delivered condition, immediately after publication or agreed use, but no later than 3 months after delivery, with two specimen copies enclosed. Extension requires written approval.
2. Digital files must generally be deleted or carriers destroyed after use. The photographer is not liable for archiving or redelivery.
3. If material is provided solely for review, analogue items must be returned within one month unless otherwise noted; digital data must be deleted/destroyed. Extensions require written confirmation.
4. Return shipment is at the client’s expense and risk, using industry-standard packaging. The client bears the risk of loss or damage until receipt by the photographer.

VIII. Contractual Penalty, Damages

1. Any unauthorized use, reproduction, or distribution without consent obligates the client to pay a contractual penalty of five times the usage fee per incident, without prejudice to further claims for damages.
2. Missing, incomplete, incorrectly placed, or non-attributable copyright notices incur a surcharge of 100% of the agreed or customary fee.

IX. General Provisions

1. German law applies, including for foreign deliveries.
2. Any side agreements require written form to be valid.
3. The invalidity of any clause shall not affect the validity of the remaining provisions. The parties shall replace invalid clauses with valid ones that come closest to the intended purpose.
4. Place of performance and jurisdiction, if the client is a registered merchant, is the photographer’s residence.