The following terms and conditions apply to all contracts concluded between photographer Evgeniia Dubrov and her client. They are considered agreed upon if they are not immediately contradicted. The terms and conditions apply to any photographic material provided to the client and in particular also to electronic or digitally transmitted photographic material.
The client acknowledges these terms and conditions for the present order and at the same time for all additional and future business with the photographer. With the written acceptance of the offer, especially also informally e.g. via e-mail, the order is considered placed and the terms and conditions are considered accepted as part of the offer.
1. In the following, all products produced by the Photographer, regardless of the technical form or medium in which they were created or are present, shall be referred to as «Images» within the meaning of these GTC (digital image data, negatives, slide positives, paper images, videos, etc.).
2. The place of performance and jurisdiction for both parties, to the extent permitted by law, shall be the respective registered office of the Photographer. The law of the Federal Republic of Germany shall apply. German law is also agreed for deliveries abroad.
1. The photographer is entitled to the copyright of the pictures according to the copyright law. When using or publishing the images, the contractor is obliged to name the photographer as the author of the image. The identification has to be made in the imprint or as a caption (for example like this: Photo: @janedubrov or www.janedubrov.com). A violation of the right to name entitles the photographer to damages.
2. The images produced by the photographer are generally intended only for the client’s own private use. Commercial use requires a separate agreement.
3. The rights of use pass only after the photographer has received the fee in full. The orderer of a picture in the sense of paragraph 60 UrhG has no right to reproduce and distribute the picture before.
4. The data remain stored with the photographer only 1. month after completion of the order. The photographer assumes no liability for technical loss of data due to the death of hard drives or other storage media that can no longer be read.
III. Remuneration, Retention of Title
1. A fee shall be charged for the production of the images as an hourly rate, daily rate or an agreed flat rate plus statutory value-added tax; ancillary costs (travel expenses, model fees, expenses, props, laboratory and studio rent, etc.) shall be borne by the client. The Photographer shall show the final prices including value-added tax to end consumers.
2. Due invoices are to be paid within 7 days without deduction. The Client shall be deemed to be in default if it fails to settle due invoices no later than 14 days after receipt of an invoice or equivalent request for payment. In the event of default in payment, the Photographer shall be entitled to charge interest on arrears at a rate of 5% above the prime rate of the European Central Bank at the time. This shall be without prejudice to the assertion of proven higher damages.
3. The Photographs shall remain the property of the Photographer until the purchase price has been paid in full.
4. The full fee is due upon delivery of the photographs, for wedding photography a 30% advance payment is agreed. If a production is delivered in parts, the corresponding partial fee is due with the respective delivery. The Photographer shall be entitled to demand partial payments.
5. If the Client has not given the Photographer any express instructions regarding the design of the Photographs, complaints regarding the image conception and the artistic-technical design shall be excluded. If the client wishes to make changes during or after the production of a photograph, this must be communicated before the start of the processing. Possible are corrections of the figure, the background, cleaning up of skin impurities, color improvements of the whole picture. Not possible are replacement of the background, change of hair color and clothing size, removal of creases and similar details.
6. Additional costs incurred by the order (e.g. material and laboratory costs, props, model fees, travel costs, expenses, etc.) are to be borne by the client. The respective statutory value-added tax shall be payable on the fees and other charges invoiced by the Photographer.
7. The Client shall not be entitled to set off any counterclaims that are disputed by the Photographer or that have not been finally adjudicated. Furthermore, the Client shall not be entitled to assign or transfer his claims and rights against the Photographer to any third parties.
8. If the time allotted for the execution of the order is substantially exceeded for reasons for which the Photographer is not responsible, the Photographer’s fee shall be increased accordingly, provided that a flat-rate fee has been agreed upon.
If a time fee has been agreed, the Photographer shall also receive the agreed hourly or daily rate for the waiting time, unless the Client can prove that the Photographer has not incurred any damage. In the event of intent or negligence on the part of the client, the photographer may also assert claims for damages.
1. the assertion of an indirect damage is excluded.
2. the prevention of the photographer by illness or higher force causes no claims for damages on the part of the client.
3. claims for damages against the photographer are limited to the amount of the agreed fee. Both contracting parties reserve the right to prove that a higher or lower damage or no damage at all has been incurred.
4. The photographer assumes no liability for the violation of rights of depicted persons and objects, unless a corresponding signed release is enclosed. If the buildings, objects, interiors, etc. to be photographed are protected by copyright, the client is obliged to obtain the necessary consent of the copyright holders for the use of the images. The consent also extends to the use of the images by the photographer and/or third parties to whom the photographer grants rights of use or to whom the photographer transfers such rights.
5. The complaint period for the photographs created by the photographer ends after 7 days.
V. Ancillary Obligations
1. The client assures that he has the right of reproduction and distribution of all originals handed over to the photographer, as well as the consent of the persons depicted for publication, reproduction and distribution in the case of portraits of persons. Compensation claims of third parties based on the violation of this obligation shall be borne by the client.
2. The client undertakes to select images for processing within one month after the photo shoot, otherwise the agreed completion time can not be guaranteed and no claims for delay can be made against the photographer.
3. If the client has not given the photographer any explicit instructions regarding the design of the images, complaints regarding the image conception and the artistic-technical design are excluded. If the client wishes to make changes during or after the production of a photograph, this must be communicated before the start of the processing. Possible are corrections of the figure, the background, cleaning up of skin impurities, color improvements of the whole picture. Not possible are replacement of the background, change of hair color and clothing size, removal of creases and similar details.
4. Processing will begin only after full payment has been received.
VI. Default Fees
1. If an order is cancelled by the customer, the following default fees will apply:
- 100% of the agreed fee if cancelled within 24 hours before the start of the work.
- Saved expenses of the photographer will be deducted.
- 50 % of the agreed fee for cancellation within 14 hours before the start of work.
- 30 % of the agreed fee for cancellation up to 2 weeks before the start of work.
2. Delivery dates for pictures are only binding if they have been expressly confirmed by the photographer. The photographer is liable for exceeding deadlines only in cases of intent and gross negligence.
3. Deposits paid for orders that have not come about through the fault of the client shall be forfeited if a new shooting date does not come about within six months.
4. If the client does not appear at the agreed date, the full fee is to be paid. The client is responsible for proving that the photographer has not suffered any damage..
VII. Data Protection
Personal data of the client required for business transactions may be stored. The photographer undertakes to treat information disclosed within the scope of the order as confidential.
VIII. Image processing
1. The processing of images of the photographer and their reproduction and distribution, analog or digital, requires the prior consent of the photographer. If a new work is created by photo-composing, montage or other electronic manipulation, it must be marked. The authors of the used works and the author of the new work are co-authors in the sense of paragraph 8UrhG.
2. The client is obliged to store and copy images of the photographer digitally so that the name of the photographer is electronically linked to the images.
3. The Client is obliged to make this electronic link in such a way that it is preserved in any kind of data transmission, in any reproduction on screens, in any kind of projections, and that the Photographer is clearly identifiable as the author of the images.
4. The Client assures that he is entitled to commission the Photographer with the electronic processing of third party images if he places such an order. He indemnifies the photographer from all claims of third parties based on the violation of this obligation.
IX. Use and Dissemination
1. The dissemination of images of the photographer on the Internet and intranets, in online databases, in electronic archives, which are not intended only for the internal use of the client, is permitted only on the basis of a special agreement between the photographer and the client.
2. The dissemination of digitized images on the Internet and intranets and on data carriers and devices suitable for public reproduction on screens or for the production of soft or hard copies requires the prior written consent of the photographer.
3. The reproduction and distribution of edits made by the photographer by electronic means require the prior written consent of the photographer.
4. the photographer is not obliged to hand over data carriers, files and data to the client, if this was not expressly agreed in writing.
5. if the client wishes that the photographer provides him with data carriers, files and data, this is to be agreed and paid separately.
6. If the photographer has provided the client with data carriers, files and data, these may only be changed with the prior consent of the photographer.
7. The risk and cost of transporting data carriers, files and data online and offline are the responsibility of the client; the method of transmission can be determined by the client.
X. Severability Clause
Insofar as conditions of the above General Terms and Conditions are or become ineffective in whole or in part, the remaining conditions shall continue to be effective. The ineffective condition will be replaced by the legal regulation.