This offer is valid for 30 days. I hope it meets your expectations and I look forward to working with you. The stated prices are final and contain no sales tax according to § 19 of the Sales Tax Act (UStG) due to the small business status.
General Business Terms and Conditions
§ 1 Scope / General
(1) The following General Terms of Business apply to all orders, offers, deliveries, and services carried out by Adine Schweizer. Unless otherwise agreed, the General Terms of Business also apply to all future orders from the same client. The General Terms of Business serve to regulate and clarify some of the content of the contractual relationship, which is otherwise determined by the content of the individual order. Changes or additions to these General Terms of Business must be made in writing and must be expressly marked as such. The contracting parties agree that only the present General Terms of Business of the photographer should apply. Any General Terms of Business of the client do not apply. If the contracting parties have made deviating agreements, which have been put down in writing, these take precedence over the present General Terms of Business.
(2) ” Photographs ” within the meaning of these General Terms of Business are all products manufactured by the photographer, regardless of the technical form or medium in which they were created or are available (paper images, images on canvas, images in digitized form on CD / DVD or other storage media, slide positives, Slide negatives, etc.). The client acknowledges that the image material supplied by the photographer is copyrighted photographic works within the meaning of Section 2, Paragraph 1, Item 5 of the Copyright Act.
(3) The photographer is free to process the image and the artistic and technical design unless express instructions have been given by the client concerning the design of the photos. Claims relating to this are excluded.
(4) Adine Schweizer will be the only professional photographer hired on the wedding day and should have priority over any other private person or photographer or videographer who may be hired in connection with the wedding when it comes to the positioning of cameras and equipment.
§ 2 Usage and Copyright
(1) The photographer has the exclusive copyright to all photos taken within the scope of the respective order. Copyrights are non-transferable.
(2) The photographer transfers a simple right of use to the photos to the client. This includes private, non-commercial use. Any change or further processing (e.g. through photo composing, assembly, or through electronic aids to create a new work protected by copyright) of the photos supplied requires the express approval of the photographer. The same applies to the transfer of usage rights to third parties, which the client is generally not permitted to do.
(3) Trade / Commercial use of the photographic works afterward – regardless of the form present – by the client himself/herself or by third parties can only take place with the prior written consent of the photographer. This also applies to image files that have been digitally or otherwise altered or alienated by the client or third parties. The photographer is to be appropriately remunerated for this further use after prior agreement and will be invoiced separately.
(4) The rights of use in the form of photos, DVDs, or as agreed, will only be transferred after full payment of the agreed fee.
(5) If the photographer grants permission to use the photos, she can request to be named as the author of the photo. If she makes use of this right, the violation of the right to be named entitles the photographer to compensation for damages.
(6) The client only receives edited picture material in high resolution in JPG format. The amount is at the discretion of the photographer and the duration of attendance on the day of the wedding (an average of 200 pictures, with a short accompaniment time, up to 500 pictures, and more, with a full-day accompaniment). The photographer makes the selection. The hand over of unprocessed, digital raw data (RAW) is excluded. The storage of the digital image data is not part of the order. The storage is therefore without guarantee.
(7) The photographer is granted the right to use a best-of selection of the image files as a presentation of her work to show them to potential customers or business partners in various forms. She may use the image files without restriction for her Internet presentation, advertising material, sample albums, for exhibitions, for publications in the trade press, for photo competitions, or at trade fairs. The client releases the photographer from the rights of third parties in full. The customer can expressly object to such use of the photos by the photographer at the latest when the first prints are accepted.
(8) Individual deviations from the usage, copyrights, and special conditions must be agreed upon in writing.
§ 3 Remuneration
(1) A fee is agreed upon for the production of the photos. This is calculated as a flat rate plus any travel expenses.
(2) Invoices that are due or accounted down payments are to be paid within 10 days without deduction. The photos, albums, art prints, etc. remain the property of the photographer until full payment has been made.
(3) If the time provided for the execution of the commission is significantly exceeded for reasons for which the photographer is not responsible, or if the client wishes to extend the time, the photographer’s fee increases, provided a flat-rate price was agreed based on a time frame, corresponding to the additional time expenditure. If a time fee has been agreed, the photographer will also receive the agreed hourly or daily rate for the waiting period, unless the client can prove that the photographer has not suffered any damage.
(4) A deposit of half of the agreed fee is to be paid one week before the order. The outstanding amount is due one week after the wedding.
(5) If the order for the execution of the service is revoked by the client within 3 days after signing, an expense allowance of 120.00 Euros plus travel costs is due (consultation, telephone charges, preparation of a cost estimate, etc.).
If the service agreed here is canceled by the customer and the photographer can arrange at least one equivalent wedding for the canceled wedding, the full amount of the deposit will be refunded. However, if there is a difference in the value of the newly booked wedding to this agreement, the photographer will withhold the amount of the difference and refund the remaining amount of the deposit. If it can be proven that no other booking can be made by the photographer or if further inquiries were demonstrably no longer accepted based on the existing contract, the photographer will incur pecuniary damages, which will be billed at 85% of the agreed base fee (fee excluding additional costs such as book costs, travel, and travel expense lump sums).
(6) Exceptions to this are illness (bridal couple) or death (family), which leads to the cancellation of the wedding/celebrations. A review/proof of the situation is at the discretion of the photographer.
(7) Additional Note for Consumer:
Please note: Anyone who regularly uses artistic or journalistic services from, for example, independent designers, graphic artists, copywriters, or photographers for their advertising activities is a so-called consumer and must pay a fee to the artists’ social security fund. You can find more information here: http://www.kuenstlersozialkasse.de/wDeutsch/unternehmer/kuenstlersozialabgabe/index.php
§ 4 Liability / Transfer of Risk
(1) The photographer is only liable for himself and his secondary agents for damage of any kind on the occasion of the performance of the contract in the event of willful intent and gross negligence. This does not apply to damage resulting from injury to life, limb or health or from the breach of essential contractual obligations that she or her secondary agents have caused through culpable breaches of duty.
(2) The photographer is only liable for damage or loss of negatives or digital image data in the event of willful intent and gross negligence. The amount of liability is generally and in any case limited to the down payment or invoice amount.
(3) The photographer is not liable for damage, defects, or loss caused by subcontractors or suppliers who provide their services through their own invoice.
(4) Delivery dates for photos are only binding if the photographer has expressly confirmed them. The photographer is only liable for exceeding the deadline in the case of intent and gross negligence.
(5) The risk and costs of transporting data carriers, files, and data online and offline lie with the client or the supplier. The photographer can determine the method of transmission.
(6) Both organization and allocation of bookings to the photographer as well as the execution is done with the greatest care. However, if no photographer appears or arrives too late at the agreed photo appointment due to circumstances for which the photographer is not responsible (e.g. sudden illness, traffic accident, environmental influences, traffic disruptions, etc.), no liability can be accepted for any resulting damage or consequences be taken over.
If the planned and known photographer should be canceled at short notice, Adine Schweizer may employ a collaborating, highly qualified photographer so that the customer does not remain without a photographer on the day of his / her wedding and to fulfill the obligations to take photos agreed here. If the customer does not accept the collaborating photographer, the customer can decide to terminate the agreement and the full deposit will be returned.
(7) Complaints of any kind must be received by the photographer within 7 days of the delivery of the images. After the deadline, the images are deemed to have been accepted in accordance with the contract and free of defects.
§ 5 Data Protection
The client agrees that his / her personal data required for business transactions will be stored. The photographer undertakes to treat all information known to her, in the course of the order, confidentially.
§ 6 Final Provisions / Severability Clause
(1) The law of the Federal Republic of Germany applies exclusively.
(2) No spoken agreements will be accepted in addition to the contract and any changes or agreements must be made in writing to be effective if subsequently requested.
(3) The possible negation or ineffectiveness of one or more provisions of the General Terms of Business does not affect the effectiveness of the remaining provisions.
(4) In the event that the client does not have a place of jurisdiction in the Federal Republic of Germany or relocates his / her habitual residence abroad after the conclusion of the contract, the place of residence of the photographer is agreed as the place of jurisdiction.
The law of the Federal Republic of Germany. Dated: January 01, 2022
