General Terms and Conditions of Delivery and Business Jens Ahner Photography (Jens Ahner, Schönblicker Str. 27, 12589 Berlin)

I. Validity

  1. 1 The following General Terms and Conditions of Delivery and Business (hereinafter referred to as GTC) shall apply to all orders, offers, deliveries and services carried out by the photographer.
  2. 2. they shall be deemed agreed upon acceptance of the delivery or service or the photographer’s offer by the customer, but at the latest upon acceptance of the photographic material for publication.
  3. 3. if the customer wishes to object to the GTC, this must be declared in writing within three working days. Any deviating terms and conditions of the customer are hereby rejected. Deviating terms and conditions of the customer shall not be valid unless the photographer recognizes them in writing.
  4. 4. the GTC shall also apply to all future orders, offers, deliveries and services of the photographer within the framework of an ongoing business relationship, even without express inclusion, unless expressly agreed otherwise.

II. commissioned productions

  1. 1. insofar as the photographer provides cost estimates, these are non-binding. If cost increases occur during production, the photographer shall only be notified if it becomes apparent that the originally estimated total costs are likely to be exceeded by more than 15%. If the scheduled production time is exceeded for reasons for which the photographer is not responsible, additional remuneration shall be paid on the basis of the agreed time-based fee or in the form of a reasonable increase in the flat-rate fee.
  2. 2. the photographer is entitled to commission services from third parties, which must be purchased in order to carry out the production, in the name and with the authorization of and for the account of the customer.
  3. 3. unless otherwise agreed, the photographs presented to the customer for approval after completion of the production shall be selected by the photographer.
  4. 4. if the photographer has not received any written notification of defects within two weeks of delivery of the photographs, the photographs shall be deemed to have been accepted in accordance with the contract and free of defects.

III. image material provided (analog and digital)

  1. 1. the GTC apply to all image material provided to the customer, regardless of the stage of creation or the technical form in which they are available. They also apply in particular to electronic or digitally transmitted image material.
  2. 2. the customer acknowledges that the photographic material supplied by the photographer constitutes photographic works protected by copyright within the meaning of Section 2 (1) of the German Copyright Act. Item 5 Copyright Act.
  3. 3. design proposals or concepts commissioned by the customer are independent services which are to be remunerated.
  4. 4. the photographic material provided shall remain the property of the photographer, even in the event that compensation is paid for it.
  5. 5. the customer must treat the photographic material carefully and with care and may only pass it on to third parties for internal business purposes of viewing, selection and technical processing.
  6. 6 Complaints concerning the content of the delivered consignment or the content, quality or condition of the photographic material must be notified within two weeks of receipt. Otherwise, the photographic material shall be deemed to have been received properly, in accordance with the contract and as recorded.

IV. Rights of use

  1. 1. the customer generally acquires (unless otherwise agreed) only a simple right of use for a single use. Unless otherwise agreed, publications on the Internet or inclusion in digital databases are limited in time to the duration of the publication periods of the corresponding or a comparable printed object.
  2. 2. exclusive rights of use, media-related or spatial exclusive rights or blocking periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.
  3. 3. only the right of use is transferred with the delivery for the one-time use of the photographic material for the purpose specified by the customer and in the publication and in the medium or data carrier which the customer has specified or which results from the circumstances of the order placement. In case of doubt, the purpose of use for which the image material was made available as evidenced by the delivery bill or the shipping address shall be decisive.
  4. 4. any use, exploitation, reproduction, distribution or publication beyond the scope of clause 3 is subject to a fee and requires the prior express consent of the photographer. This applies in particular to:
  • any secondary use or secondary publication, in particular in anthologies, product-accompanying brochures, advertising measures or other reprints, any editing, modification or redesign of the image material,
  • – the digitization, storage or duplication of the photographic material on data carriers of all kinds (e.g. magnetic, optical, magneto-optical or electronic carriers such as CD-ROM, DVD, hard disks, RAM, microfilm, etc.), insofar as this is not only for the technical processing and management of the photographic material in accordance with Art. 6 para. 1 lit. f GDPR. Section III 5 of the GTC,
  • – any duplication or use of the image data on digital data carriers, any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (even if these are internal electronic archives of the customer),
  • – the transfer of the digitized image material by means of remote data transmission or on data carriers suitable for public reproduction on screens or for the production of hard copies.

5. changes to the photographic material by means of photo composing, montage or electronic aids to create a new copyrighted work are only permitted with the prior written consent of the photographer and only in the case of Marking with [M] is permitted. The image material must also not be signed off, are photographed or otherwise used as a motif.

6. the customer is not entitled to transfer the rights of use granted to him in whole or in part to third parties, not even to other group companies or subsidiaries. Any use, reproduction or distribution of the photographic material is only permitted on condition that the photographer’s Copyright notice in unambiguous attribution to the respective image.

7. the granting of the rights of use is subject to the condition precedent of full payment of all payment claims of the photographer arising from the respective contractual relationship.

V. Liability

1. the photographer assumes no liability for the infringement of rights of persons or objects depicted, unless a signed release form is enclosed. The acquisition of rights of use beyond photographic copyright, e.g. for depicted works of fine or applied art, as well as the obtaining of publication permissions from collections, museums, etc. is the responsibility of the customer. The customer shall be responsible for the text and the context resulting from the specific publication.

2. the customer shall be responsible for the proper use of the image material from the time of proper delivery.

VI Fees

1. the agreed fee shall apply. If no fee has been agreed, it shall be determined in accordance with the current image fee overview of the Mittelstandsgemeinschaft Foto- Marketing (MFM). The fee is subject to value added tax at the applicable rate.

2. the agreed fee shall cover the one-off use of the photographic material for the agreed purpose in accordance with Clause 2. IV. 3.

3. costs and expenses incurred as a result of the order (e.g. material and laboratory costs, model fees, costs for necessary props, travel costs, necessary expenses, etc.) are not included in the fee and shall be borne by the client.

4. the fee claim is due upon delivery of the recording. If a production is delivered in parts, the corresponding partial fee is due with the respective delivery. The photographer is entitled to demand advance payments for production orders in accordance with the scope of services rendered.

5. the fee in accordance with VI. 1. of the GTC shall be paid in full even if the image material commissioned and supplied is not published. If the photographs are used as a template for layout and presentation purposes, a fee of at least EURO 75.00 per photograph will be charged, unless otherwise agreed.

6. offsetting or exercising the right of retention is only permitted with undisputed or legally established claims of the customer. Offsetting against disputed counterclaims that are ready for decision is also permitted.

VII Return of the photographic material

1. analog image material must be returned in the delivered form immediately after publication or the agreed use, but no later than 3 months after the delivery date, without being requested to do so; two specimen copies must be enclosed. An extension of the 3-month period requires the written consent of the photographer.

2. digital data must always be deleted or the data carriers destroyed after use. The photographer is not liable for the existence and/or the possibility of a renewed delivery of the data.

3. if the photographer provides photographic material at the customer’s request or with the customer’s consent solely for the purpose of checking whether it is suitable for use or publication, the customer must return analog photographic material within one month of receipt at the latest, unless a different deadline is stated on the delivery bill. Digital data must be deleted or the data carriers must be destroyed or returned. An extension of this period shall only be effective if it has been confirmed in writing by the photographer.

4. the customer shall return the photographic material at his own expense in packaging customary in the industry. The customer bears the risk of loss or damage during transportation until receipt by the photographer.

VIII. Contractual penalty, damages

1. in the event of any unauthorized (without the photographer’s consent) use, utilization, reproduction or disclosure of the photographic material, a contractual penalty amounting to five times the usage fee shall be payable for each individual case, subject to further claims for damages.

2. if the copyright notice is omitted, incomplete, incorrectly placed or not assignable, a surcharge of 100% of the agreed or customary usage fee shall be payable.

IX. General information

1. the law of the Federal Republic of Germany shall apply as agreed, including for deliveries abroad.

2. collateral agreements to the contract or to these GTC must be made in writing to be effective.

3. any invalidity or ineffectiveness of one or more provisions of these GTC shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes closest to the intended provision in economic and legal terms.

4. place of performance and jurisdiction is Berlin, if the customer is a registered trader, the photographer’s place of residence.

© provided by FREELENS