General Terms and Conditions (AGB)
1. ORDER
1.1 The production, editing and selection of the photos, in particular the look of the image, is at the photographer’s free artistic discretion and creative leeway. Complaints in this regard are therefore excluded. There is no binding minimum number of pictures to be provided to the bridal couple.
1.2 Changes to the order during or after the start of production are subject to a corresponding additional charge. Services already commenced shall be remunerated in full as agreed.
1.3 I use the service https://app.kreativ.management to provide my services to my customers and have included a contact form on this website that is directly linked to this service. Personal data is therefore transmitted via the form. The service https://app.kreativ.management offers the possibility to create master data of the customers supported, a calendar management, a task/to-do list, a mailbox for communication as well as the possibility to create offers and invoices for services directly via the service. This service is offered by Hochzeit.Management GmbH, with which the website owner has a user agreement and an order processing agreement – which is required under data protection law. The service will be hosted by Hochzeit.Management GmbH exclusively on servers located in the EU. Specifically, the data is stored in Linz (Upper Austria).
2. REMUNERATION AND PAYMENT
2.1 The client undertakes to pay the agreed costs as set out in the section on remuneration and payment.
2.2 When the contract is signed, the down payment specified under Due dates and terms of payment is due. This amount is due no later than 7 days after signing the contract and upon invoicing, the remaining amount is due no later than 7 days after the wedding day from the date of invoicing. The photos will be provided after full payment has been received.
2.3 If changes are made to the order and the agreed time is exceeded, the Photographer shall be entitled to charge for the additional work involved.
2.4 If the client fails to provide the cooperation required to complete the order or if the photographer incurs unforeseeable waiting times for reasons for which the client is responsible when accepting the order, the photographer shall be entitled to charge an additional fee in proportion to the additional work involved, even if a fixed price has been agreed.
2.5 Other costs incurred as a result of the order, such as parking fees, are not included in the fee and shall be borne by the client.
3. RIGHTS OF USE AND COPYRIGHT
3.1 The photographer is and remains the author of the photographs taken during the wedding reportage.
3.2 The photographs may only be used by the bridal couple for private purposes (e.g. photo albums and social media profiles) (simple, non-transferable right of use). Any other use, in particular commercial use, exploitation, reproduction, distribution or publication is subject to a fee and requires the prior express consent of the photographer. The photographer must be named as the author of the photographs in an appropriate place.
3.3 The photographs may only be used in unaltered form. The editing, retouching, alienation or redesign of the photographs, in particular through composings, montages, photo filters or other manipulations of the photographs require the prior express consent of the photographer.
3.4 The rights of use shall only be transferred to the bridal couple after full payment of the remuneration.
3.5 The bridal couple is not entitled to the publication of the photos in raw format.
4. ACCEPTANCE / DELIVERY / RETENTION OF TITLE
4.1 Depending on the package, the photographer will deliver a Wedding Box with selected photo prints within a maximum of 8 weeks after the wedding.
4.2 In addition, clients shall receive access to a personal online gallery with the edited images in high-resolution JPG format. This online gallery is available for at least 1 year. The client expressly agrees that all photographs taken at the wedding will be uploaded to the online gallery and stored there.
The gallery can be password protected on request.
4.3 The photographs and photographic works shall remain the property of the photographer until the remuneration has been paid in full.
4.4 The photographer’s services shall be deemed to have been accepted without reservation if the client uses the photographs or photographic works received for the intended purpose without informing the photographer of any defects.
5. CONCLUSION OF CONTRACT / TERMINATION
5.1 Once the offer has been confirmed in due time, the appointment shall be deemed to have been booked as binding for both parties. If this is not the case, the photographer is not obliged to carry out the order.
5.2 If the order is terminated by the bridal couple for reasons for which the photographer is not responsible, the bridal couple shall remain obliged to pay the agreed fee to the extent specified below:
Up to three months before the start of the wedding, the client is obliged to pay the deposit; this will be retained by the photographer. No further payment is due.
If notice of termination is given less than three months before the start of the wedding, the photographer shall be entitled to the agreed remuneration in full.
In all the aforementioned cases, the client is at liberty to prove that the photographer has suffered no or less damage.
5.3 If the Contractor is unable to carry out the order due to illness or a circumstance for which the Contractor is responsible, the Client shall be reimbursed the advance payment. The Contractor undertakes to assist the Client in finding a suitable replacement.
6. LIABILITY
6.1 The Photographer shall only be liable for damages directly or indirectly related to this contract or its execution for his own conduct or for the conduct of his vicarious agents in cases of intent and gross negligence. This shall not apply to damages resulting from injury to life, limb or health or from the breach of material contractual obligations. In this respect, the photographer is also liable for simple negligence.
6.2 Sovereign measures, natural disasters, disruptions in the supply of energy and raw materials and other cases of force majeure, i.e. extraordinary events for which neither the photographer nor the bridal couple are responsible, shall release the parties from the obligation to fulfill the contract for the duration of their effects. In such cases, the parties are not obliged to pay compensation. In the event of force majeure, the photographer shall immediately refund any advance payment already made.
There are no further claims.
7. RIGHTS TO YOUR OWN IMAGE / GRANTING OF PUBLICATION RIGHTS
7.1 The right of use applies to both parties. This means that the photographer and the bridal couple may use the photos for digital media (e.g. social media, web) and print.
The photographer may also make the photos available to third parties, provided that this serves as self-promotion for the photographer.
7.2 Should the client decide to acquire an exclusive right of use after the picture has been handed over, this shall be remunerated in addition to the fee for the wedding reportage.
7.3 The bridal couple shall ensure that all persons whose likeness is captured by their order agree to the production of the corresponding photographs. They shall inform the photographer of any restrictions in good time.
7.4 Other service providers such as make-up artists, decorators, wedding planners etc. may use the photos for self-promotion in digital media (social media, website etc.) after consultation with the client, provided the photographer is named.
8. OBLIGATIONS OF THE BRIDE AND GROOM TO COOPERATE
8.1 The bridal couple must ensure that the photographer is provided with all information required for the execution of the order in good time.
8.2 The bridal couple shall provide the photographer with a reasonable amount of food and drink free of charge during the wedding reportage and shall allow appropriate breaks.
8.3 The bridal couple shall ensure that photography is permitted at the respective locations.
8.4 The bridal couple shall ensure that all persons whose likeness is captured by their order agree to the production of the corresponding photographs. They shall inform the photographer of any restrictions in good time.
9. FINAL PROVISIONS
9.1 Verbal collateral agreements to the contract do not exist at the time of conclusion of the contract and, if subsequently intended, must be made in writing to be effective.
9.2 Should individual provisions of this contract be wholly or partially invalid, this shall not affect the validity of the remainder of the contract.
9.3 The Contractor’s General Terms and Conditions shall apply. The client has taken note of these and agrees to their validity.
9.4 These General Terms and Conditions also include the attached information on data protection.