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Sitz der Gesellschaft: Wiesbaden Biebrich
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All texts, pictures and other works published on the website are - unless otherwise stated - subject to the copyright of Fotowerk-Wiesbaden.
Any reproduction, distribution, storage, transmission, transmission and reproduction or transfer of the contents is without written permission Permission from Fotowerk-Wiesbaden expressly prohibited.
Terms of Service
The ToS aims to achieve a fair balance of interests between photographer and customer.
"Photographer" is synonymous with Fotowerk-wiesbaden
The term "photographic work" refers to the result of work done by the photographer for the client in accordance with the agreement reached between the parties. Photographer, the "photographer" is the person commissioned for the performance of the photographic work. Customer The "customer" is the person who orders the photographer's photographic work orally, in writing or online. Parties The "parties" are the photographer and the customer.
Copy of the Photographic Work / Copy Each reproduction of the photographic work in analogue or digital form on a data medium, in particular on paper, slides, CD, DVD, computer hard disks, is considered a "copy of the photographic work" or a "copy".
II. Performance of the photographic work
Subject to written instructions of the customer, the design of the photographic work is left entirely to the discretion of the photographer. In particular, he is entitled to the sole decision on the technical and artistic means of design, such as lighting and composition. The photographer can use assistants of his choice to do the photographic work. The cameras and materials as well as the other equipment necessary for the photographic work are provided by the photographer. Unless otherwise agreed in writing, the customer is responsible for ensuring that the locations, objects and persons required for photographic work are available in good time.
III. Payment and delivery conditions
The agreed fee between the parties shall be paid by the customer in cash on the day of the shoot or in advance by invoice. Until full payment, the delivered material and the electronic image data remain in the possession of the photographer. Gladly a bill is made, this is due immediately. For a late payment a default interest of 5% / year and reminder fees of € 10.- will be charged for the first reminder and 20.- for the second (= last) reminder. The customer undertakes to accept the photographic work when placing an order. In the case of unjustified refusal to accept photographic work, the photographer will charge the customer for the costs incurred.
For commercial customers
If the customer postpones a recording session less than two days before his appointment to a later date or does not meet his obligations under II paragraph 4, the photographer is entitled to compensation for the costs already incurred (including third-party costs). In addition, he is entitled to compensation. This is based on the tariff and is 50% of the fee, which would be owed according to the tariff for the execution of the failed admission session. This rule also applies if a recording session is postponed to a later date less than two days before the start of the recording session due to adverse weather conditions.
For private customers
General: All image data is never included in the photographers fee for private orders. The private copyright for the original image data can be purchased separately and does not authorize the commercial use of the images.
Customers who register for a photo shoot with the photographer online, over the phone or by email and confirm the reservation in any case agree to pay the agreed fee (shooting & approach). The photographer may, at his own discretion, in the event of excusable absences, pay the customer a voucher upon successful payment. If the shooting for whatever reason does not comply with the order placed, the agreed fee is 100% due for payment.
The photographer undertakes to deliver the photographic work to the customer within two to four weeks after the payment has been received. Delivery is at the risk of the customer.
IV. Pflichten des Kunden nach Bezahlung der fotografischen Arbeit
Already paid photographic works must be purchased within one year. If a photographic work is used later than one year after the purchase, any additional markup on this photographic work must be paid in addition.
V. Vouchers and special offers
Vouchers for a photo shoot that are not redeemed within one year from the date of issue, have as much value as the photo shoot cost the date of issue of the voucher and does not cost as much as the photo shoot on the redemption date of the voucher. Special offers lose their liability if they are not accepted within the specified period.
VI. Place of fulfillment
Place of fulfillment is the place of business of the photographer. If a different place of performance is determined, the photographic work or copies of this work travel at the risk of the recipient.
VII. Liability of the photographer
The photographer is liable only for intentional and grossly negligent behavior. The limitation of liability also applies to the behavior of his employees and assistants. The photographer is not obligated to keep the customer's digital artwork beyond the photo order.
VIII. Warranty claims
The customer is obligated to examine the photographic work delivered by the photographer immediately upon receipt and to assert any damage, defects and complaints in writing within six working days from the date of delivery of the work, otherwise the photographic work is deemed approved and no claims can be asserted be made. The customer is only entitled to rectification after the return of the defective product. For online orders, repair is excluded due to variations in product characteristics (such as color differences between print and screen images). The image editing is at the discretion of the photographer.
IX. Returns of products
A return of products by the customer requires the prior consent of the photographer and is at the expense and risk of the customer. The return must be in its original packaging and accompanied by a detailed description of defects / defects.
X. Use of the photographic work by the customer
With the delivery and payment of the work, the customer acquires a license to use the photographic work within the agreed framework. This does not include further licensing by the customer to third parties. Any use contrary to the agreement obliges the customer to pay the photographer compensation in the amount of 100% owed for this. The customer has to mention the name of the photographer in an appropriate form when using the work with the photographer. The provisions of the Federal Act of 9 October 1992 on Copyright and Related Rights (URG) remain reserved.
Rights of third parties
If the client has indicated to the photographer which persons are to be photographed in the course of the photographic work, the customer must ensure that these persons have given their consent to the use that the customer makes of their image in the context of the use of the photographic work want. If the customer has handed over items to the photographer or specified to him certain places to be photographed in the course of the photographic work, the customer must ensure that no right of third parties precludes the use which the customer makes of the image of those objects or places ( Locations) in the context of the use of the photographic work. If the obligations set out in the two preceding paragraphs are violated, the customer undertakes to reimburse the photographer for any damages for which he could be sentenced in favor of the claimant and to compensate him for all costs of litigation against the claimants.
XI. Use of the photographic work by the photographer
The commercial customer agrees that the photographic work may be used for self-promotion of the photographer (in particular web presence). The photographer retains the right to publish the photographic work in any form and on any medium, to make it accessible to third parties, to grant to third parties an exclusive or non-exclusive license to use the photographic work or to hand over copies of the photographic work to third parties. However, this right of the photographer is subject to the prior consent of the customer. The customer undertakes not to refuse his consent without good cause; The customer who does not expressly and in writing refuse or restrict his consent in writing within thirty days of the photographer's application for authorization is deemed to agree with the respective use. In the case of use of the photographic work by the photographer within the meaning of the preceding paragraph, the photographer shall ensure that the intended use does not violate the rights of third parties to reproduce persons, goods or places.
The private customer agrees (model release) that the photographic work of the photographer may be used. Photographic work intended to serve the photographer for other purposes requires the consent of the private customer. Nudes and pictures that show nudity always require the consent of the private customer.
XII. Travel costs / other expenses
Per driven km 0.40 € / km are calculated. Depending on the effort, the location inspection and the time required for this are included separately in the journey.
XIII. Applicable Law and Jurisdiction
The contracts concluded with the photographer are subject to German law, also for deliveries abroad. The exclusive place of jurisdiction is the registered office of Fotografie, Fotowerk-Wiesbaden, Äppelallee 27, 65203 Wiesbaden, Germany. All changes and additions to these terms and conditions must be in writing. The photographer reserves the right to modify or amend the terms and conditions at any time.
XIV. Modification of the regulations
The validity of deviating or exceeding this provision is excluded, unless both parties have expressly agreed otherwise.