Conditions

General terms and conditions for wedding photography, photo reports and related services from SARAH SCHMIDT PHOTOGRAPHY

 

1. scope

 

1.1. The following terms and conditions apply exclusively to all business relationships between the parties. Conflicting terms and conditions of the respective customer, hereinafter: client, do not apply unless the photographer Sarah Schmidt, hereinafter: contractor, has expressly agreed to their validity.

 

1.2. "Photos" within the meaning of these GTC are all digital products produced by the contractor, regardless of the technical form or medium in which they were created or are available. This includes in particular negatives, printed or exposed paper images, printed or exposed images in photo books and wedding albums, digital images in online galleries or images and videos stored on other data carriers.

 

2. Conclusion of contract

 

2.1. The conclusion of the contract between the parties is based on the following:

 

2.2. The client has the option of having the contractor take photos by WhatsApp (01736921896), by email (info@sarahschmidtphotography.de) or via the corresponding contact form. With a request, the customer does not yet make a binding offer to conclude a contract.

 

2.3. At the request of the client, the contractor submits an offer via WhatsApp or email to commission the production of the photos. This offer by the contractor is legally binding. Subject to acceptance of the offer by the client, the offer is valid for 14 days. After this period, the offer expires.

 

2.4. The client has the option of accepting the offer within the aforementioned period of 14 days. The acceptance takes place via WhatsApp, in writing or by e-mail. With the acceptance of the offer by the client, a binding contractual relationship for the production of the photos comes about between the parties.

 

2.5. If the client accepts the offer after the period from 2.3 has expired, this is a new offer, which the contractor can accept by express declaration. A declaration of acceptance is equivalent if the contractor sends an order confirmation.

 

3. Obligations of the client

 

3.1. The client must ensure that the photographer has all the information required for the execution of the order in good time (24 hours in advance) (directions, special requests, etc.).

 

3.2. The client ensures that photography is permitted at the respective locations. Waiting times for the contractor that may arise as a result of photography bans count as working time.

 

3.3. The client is advised that photos are always subject to the creative scope of the photographers involved. Complaints and/or notices of defects with regard to the artistic scope exercised by the contractor, the location of the recording and the optical and technical means used by the photographer are therefore excluded. Subsequent change requests by the client require a separate agreement and order and are to be remunerated separately.

 

3.4. The client bears the risk for all circumstances for which the photographer is not responsible; including weather allowances for outdoor recordings, timely provision of products, presence of props, insofar as procurement is the responsibility of the client, travel bans, non-appearance of announced authorized representatives of the client and force majeure.

 

4.

 

4.1. Obligations of the contractor

The contractor owes the services offered personally. Subcontractors are not employed.

The contractor takes photographs within the framework of the client's wedding event/event to the contractually agreed extent. The client can

 

4.2. order further hours on this day.

 

4.3. The contractor owes the creation of the photos in a common file format (e.g. jpeg). The client has no right to the release of unedited files or raw files in RAW format. The type of processing is subject to the artistic freedom of the photographer. The client undertakes to accept the images.

 

4.4. The contractor hands over the photos to the client within 4 - 8 weeks after the photo session. For particularly complex additional products (e.g. wedding albums, wooden boxes), a separate handover date will be agreed according to individual effort.

 

5. Fees and Expenses

 

5.1. 

A fee will be charged for the production of the photos as an hourly rate, daily rate or agreed flat rate including the statutory value added tax and plus any travel expenses.

 

5.2. If the actual working time exceeds the agreed billing period, the additional time required will be billed for each half hour started.

 

5.3. Due invoices are to be paid within 14 days without deduction. The delivered photos remain the property of the contractor until the purchase price has been paid in full.

The receipt of the amount on the following account of the contractor is decisive for the timely payment:

Sarah Schmidt, IBAN: DE09 0818 0006 3390 50

 

5.4. The contractor will travel to and from the current place of residence of SARAH SCHMIDT PHOTOGRAPHY. The journey within a radius of 50 km from the current place of residence, unless otherwise contractually agreed, will not be charged. The respective travel costs will be discussed and fixed in the order confirmation (€0.50 per km driven). If you arrive by train or plane and if you require an overnight stay, the actual costs and expenses incurred for the overnight stay will be charged.

 

5.5. If agreed, the customer will provide a double room close to the event. To ensure punctual attendance at event appointments, 2 overnight stays are usually required and recommended.

 

5.6. Other costs incurred by the order such as material costs, parking fees, postage and packaging are not included in the fee and are borne by the client, unless this has been expressly discussed and confirmed otherwise. Food and drinks during the report will be made available to the client free of charge to a reasonable extent. In the case of wedding reports, the photographer is entitled to catering at guest level.

 

 

6.

 

6.1. Order Changes, Extensions and Cancellation

In the event of termination as a result of either party exercising statutory termination rights, the following provisions shall apply.

 

If the service agreed here is canceled by the customer, the contractor will suffer financial loss. This financial loss is mit 

• 30% up to 6 months before the wedding

• 50% up to 3 months before the wedding

• 80% charged from 3 months before the wedding.

 

6.2. If the contractor is unable to carry out the order due to illness or a circumstance for which he is responsible, a substitute photographer will be provided. All contractual conditions and agreements are transferred to the substitute photographer. If no substitute photographer can be provided, the client will not be charged.

 

6.3. The consumer's right of revocation remains unaffected.

 

7. Retention of title, rights of use and copyright

 

7.1. The photos remain the property of the client until the agreed remuneration has been paid in full.

 

7.2. The client acquires the private rights of use to the photos (publication and distribution including cross-reference to the photographer). These rights of use are only transferred after the remuneration has been paid in full. The sale and transfer to third parties (commercial use rights) must be in writing and signed by all parties.

 

7.3. The contractor selects the photos. The client has no right to receive all photos.

 

7.4. The contractor may use the photos, on which only the client is shown, for self-promotion and journalistic illustration (e.g. for the homepage, social media, exhibitions, trade fairs, blogs, specialist magazines for photographers or weddings, etc.). Of course, the contractor respects privacy to the utmost and asks for a note if this is not desired. Of course, the contractor takes this wish into account, but at the same time asks you to consider that his portfolio is essential for the company. However, for normal photo shoots (no wedding reportage), a fee of €150 is due if the client does not agree to the photographer publishing the photo.

 

7.5. The client informs his guests about the production, storage and use of the photos. For the time being, the contractor therefore assumes that photos of the guests may be used for self-promotion. The contractor is aware that this does not constitute consent, but obtaining a declaration of consent from each guest would represent a disproportionate effort and disruptive intervention in the process. Furthermore, the contractor is available on site and at any time to provide information about personal data and to delete it immediately if this is the wish of the person concerned.

 

7.6. Other service providers such as make-up artists, decorators, wedding planners, etc. may only use photos after approval by the contractor.

 

8. Disclaimer

 

8.1.

8.2. The liability of the contractor for damage resulting from injury to life, limb or health and under the Product Liability Act is excluded from these General Terms and Conditions.

 

8.3. No-fault liability for damages for initial defects in accordance with Section 536a, Paragraph 1 of the German Civil Code is excluded.

 

9. Text form

 

9.1. Additions and amendments to the agreements made between the parties, including these General Terms and Conditions, must be in text form to be effective. The priority of individual agreements remains unaffected.

 

10. Governing Law

 

10.1. German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

 

10.2. The place of performance for all services arising from the business relationships between the parties is Munich. The place of jurisdiction is Munich if the customer is not a consumer. The same applies if the client does not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

 

10.3. The provisions of the UN Sales Convention expressly do not apply.