General Terms and Conditions of Delivery and Business Jens Ahner Photography (Jens Ahner, Schönblicker Str. 27, 12589 Berlin)
II. commissioned productions
III. image material provided (analog and digital)
IV. Rights of use
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.
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.
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.
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