AGB
§1 General Provisions
The following General Terms and Conditions apply to all business dealings of the company “David Vexelman Photodocumentary, Proprietor David Vexelman.” They are deemed agreed upon unless immediate objection is raised. Special agreements deviating from these terms and conditions are recognized only if confirmed in writing. The following terms and conditions apply to all orders placed with the photographer. They are deemed agreed upon unless immediate objection is raised. For the purposes of these General Terms and Conditions, “photographs” refers to all products created by the photographer, regardless of the technical form or medium in which they were produced or exist (negatives, transparencies, digital image data, paper prints, etc.).
§2 Copyright
The photographer holds the copyright to the photographs in accordance with the Copyright Act. Photographs produced by the photographer are intended solely for the client's own use. The transfer of usage rights requires a separate agreement and remuneration. If the photographer transfers usage rights to their works, only a non-exclusive right of use is transferred unless expressly agreed otherwise. Any transfer of usage rights to third parties requires a specific agreement. Usage rights are transferred only after full payment of the fee to the photographer. The person commissioning a portrait (within the meaning of § 60 of the Copyright Act) has no right to reproduce or distribute the photograph unless the corresponding usage rights have been transferred. The provisions of § 60 of the Copyright Act are expressly excluded. When the photographs are utilized, the photographer may—unless otherwise agreed—demand to be named as the author of the photograph. Any violation of the right to be named as the author entitles the photographer to claim damages. Negatives (including digital negatives and original files) remain the property of the photographer. The negatives will be released to the client only upon separate agreement and payment of a fee.
§3 Remuneration, Retention of Title
A fee is charged for the production of the photographs, calculated as an hourly rate, a daily rate, or an agreed lump sum, plus statutory VAT; incidental costs (travel expenses, model fees, out-of-pocket expenses, props, lab and material costs, studio rentals, etc.) are to be borne by the client. The client is liable for a minimum shooting fee of €60 per hour. Invoices are payable within 14 days without deduction. The delivered photographs remain the property of the photographer until the purchase price has been paid in full. Complaints regarding the visual approach or the artistic-technical execution are excluded. The client is familiar with the photographer's style. Should the client desire changes during or after the shoot, they must bear the additional costs. The photographer retains the right to remuneration for work already commenced.
§4 Liability
The photographer undertakes to carry out the assignment with the utmost care, particularly regarding the careful handling of subjects, source materials, films, displays, and layouts entrusted to them. Liability for damages incurred applies only in cases of willful misconduct or gross negligence. Furthermore, the photographer is liable for damages resulting from injury to life, body, or health, as well as from the breach of essential contractual obligations caused by the photographer or their agents through culpable breach of duty. The photographer’s liability regarding the lightfastness and durability of the photographs is limited to the scope of the warranty provided by the photographic material manufacturer. The photographer is not liable for damage caused by improper handling of the photographs by the client. Regarding their own conduct, the photographer is liable only in cases of willful misconduct or gross negligence. The photographer is entitled to commission third-party laboratories. For custom-made print products such as calendars, wall art, cards, and photo books, no cancellation or claim is possible once the customer has approved the print. In the event of damage caused by a third-party laboratory, the photographer assigns their claims for compensation against said laboratory to the client. Photographs and source materials are shipped at the client's expense and risk, unless otherwise agreed. The photographer shall store the photographs with due care. He is entitled, but not obliged, to destroy negatives in his possession one year after the completion of the order. Complaints regarding obvious defects must be submitted to the photographer in writing within two weeks of receipt of the photographs. The deadline is deemed met upon receipt of the complaint by the photographer.
§5 Ancillary Obligations
The Client warrants that they hold the rights of reproduction and distribution for all source materials provided to the Photographer and, in the case of portraits, the consent of the depicted persons for publication, reproduction, and distribution. The Client shall bear liability for any third-party claims arising from a breach of this obligation.
§6 Performance Disruptions, Cancellation Fee
If the Photographer provides the Client with multiple photographs for selection, the Client must return the unselected photographs at their own expense and risk within one week of receipt, unless a longer period has been agreed upon. The Photographer may demand payment for lost or damaged photographs, provided the Photographer is not responsible for the loss or damage. If the time scheduled for the execution of the assignment is significantly exceeded for reasons beyond the Photographer's control, the Photographer's fee shall increase accordingly, provided a fixed price was agreed upon. If an hourly or daily rate was agreed upon, the Photographer shall also receive the agreed rate for the waiting time, unless the Client proves that the Photographer incurred no loss. In cases of willful misconduct or negligence on the part of the Client, the Photographer may also assert claims for damages. Delivery dates for photographs are binding only if expressly confirmed by the Photographer. The Photographer is liable for missed deadlines only in cases of willful misconduct or gross negligence. Withdrawal from bookings that have already been bindingly confirmed is not possible. Should the Client nevertheless decide not to proceed with a booking that has been bindingly confirmed, a cancellation fee amounting to 30% of the agreed fee shall become due. This provision does not apply in cases of force majeure (such as illness, disasters, childbirth, etc.).
§7 Data Protection Personal data of the client required for business transactions may be stored. The photographer undertakes to treat all information obtained in the course of the assignment as confidential.
§8 Digital Photography
Digitization, storage, and reproduction of the photographer's images on data storage media of any kind require the photographer's prior written consent. The creator must always be credited. USB sticks or CD-Rs certified as defect-free under the manufacturer's warranty are used for data storage. Minor color and contrast deviations may occur in photographic prints compared to the digital image. This is due to the fact that the client's monitor may have different calibration and color settings. Consequently, this does not constitute grounds for a complaint.
§9 Final Provisions
The place of performance for all obligations arising from the contractual relationship between the parties is the photographer's place of business.
These General Terms and Conditions apply from January 1, 2023.