Date: 11 August 2025
Place: Vienna
§1 General Provisions and Applicability of the GTC
The present contract is a contract for work and services between the Contractor (wedding photographer) and the Client, which includes the delivery of photographs within a defined period.
Contracts are concluded exclusively on the basis of my General Terms and Conditions in their current version, unless a separate individual contractual agreement has been made. These General Terms and Conditions take precedence over any terms and conditions of the Client or of an intermediary.
§2 Subject Matter and Formation of the Contract
A contract is formed upon payment of the deposit by the Client and confirmation of the order by the Contractor. Confirmation will be sent via email.
§3 General Delivery Terms
The photographic works (hereinafter “images”) will be delivered via a download link in the best available resolution at the time.
§4 Copyright Provisions
All copyrights and related rights of the photographic creator (§§ 1, 2 para. 2, 73 et seq. UrhG) remain with me.
The client receives, upon full payment of the agreed fee, an unrestricted, non-transferable right to use the delivered images.
The commercial distribution of the images is only permitted through a separate written agreement; non-commercial distribution is generally permitted.
Unless otherwise agreed, I am entitled to use the images created on my homepage or social media for self-promotion purposes.
The publication of images in which you or your guests are recognizable will only occur with your explicit written consent.
The price stated in the standard package already includes this possibility.
If you do not wish to grant permission for publication, I offer an alternative package excluding promotional usage rights. This package is priced 10% higher to compensate for the lost promotional value.
§5 Ownership Rights and Archiving
Ownership of the original material (negatives, raw files, etc.) remains with the author.
The granted right of use remains unaffected.
I archive the images without legal obligation. In the event of loss or damage, the Client has no claims.
§6 Third-Party Claims
The Client is responsible for obtaining any necessary permissions from depicted persons or for depicted objects and indemnifies the Contractor against any related claims.
I guarantee such permissions only with explicit written confirmation for the agreed usage purposes.
§7 Loss and Damage
I am liable for loss or damage to the images only in cases of intent or gross negligence.
Liability is limited to my own fault and to material costs, as well as to providing a free re-shoot where possible. Further claims, in particular for travel or accommodation expenses, third-party costs, or lost profits, are excluded.
§8 Performance and Warranty
I perform the assignment carefully and may carry it out in whole or in part by third parties.
In the absence of written instructions, I have freedom regarding the manner of execution (composition, motif selection, technique). Deviations from previous deliveries do not constitute a defect.
The client is responsible for obtaining all necessary permits at the event location.
I am not liable for defects caused by inaccurate instructions (§ 1168a ABGB). Liability exists only in cases of intent or gross negligence.
Complaints must be made in writing within 14 days after delivery.
The warranty period is three months.
In case of defects, there is only a claim for remedy; if this is impossible or refused, a claim for price reduction exists.
In case of illness or comparable reasons, I may have the assignment fulfilled by third parties or, if this is not desired, withdraw from the contract.
I am not liable for damages caused by force majeure (e.g., theft, accident).
I am not liable for restrictions at the event location (e.g., flash ban) or disturbances caused by guests.
I edit my photos at my discretion. There is no guarantee that all guests will be photographed. The selection of delivered images is at my discretion unless otherwise agreed in writing.
The client informs me about important events during the event and appoints a contact person for group photos.
For bookings of six hours or more, I or the photography team are entitled to an appropriate break and a warm meal provided by the client. This provision ensures that the photographer remains focused and capable during the long assignment to document the event optimally. Of course, breaks will be interrupted whenever important moments or program points occur, so that no significant event is missed.
§9 Fees, Payment & Delivery
Upon conclusion of the contract, a reservation fee of 30% of the total agreed fee becomes due. This fee serves to firmly reserve the date and is non-refundable in case of cancellation, as the date is blocked for other inquiries.
In case of cancellation by the client, the following conditions apply:
- More than 6 months before the event date: the retained reservation fee (30%) remains due.
- 6 to 4 months before the event date: 50% of the total fee becomes due.
- 4 to 2 months before the event date: 75% of the total fee becomes due.
- Less than 2 months before the event date: 90% of the total fee becomes due.
The client may prove that the photographer incurred a lesser loss.
In case of cancellation due to force majeure (e.g., official orders, serious illness, natural disasters), no cancellation fees will apply. Both parties will then endeavor to find a replacement date.
The invoice for the remaining balance will be sent with the delivery of the photos and is due within 7 working days.
§10 Final Provisions
Place of performance and jurisdiction is Vienna.
The Austrian Product Liability Act does not apply; liability for damages other than personal injury is excluded where the contractual partner is an entrepreneur.
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Indemnities include out-of-court costs.
Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
