Stand: 17.08.2022
Wien
§1 General provisions and applicability of the terms and conditions
The present contract is a work contract that was concluded between the contractor - photographer - and the client, which includes the delivery of the photos within a defined period of time.
I conclude contracts exclusively based on my General Terms and Conditions in the currently applicable version, unless a separate individual contractual arrangement has been made. These general terms and conditions take precedence over any terms and conditions of the client or the agent. Videos are treated like images in this Agreement.
§2 Subject matter and conclusion of the contract
A contract is concluded by the payment of the deposit by the customer and with the confirmation of the order by the contractor. The form of confirmation is by e-mail.
§3 General about the delivery
The photographic works (hereinafter referred to as images) are generally delivered via a download link. The download link is provided in the current resolution that is technically possible for the photographer.
With the delivery of the access data for the download, the responsibility for the images and the personal rights attached to the images (e.g. right to one's own image) is transferred to the client.
§4 Copyright provisions
I am entitled to all copyrights and ancillary copyrights of the photographer (§§ 1, 2 para. 2, 73ff UrhG). After payment of the agreed fee, the client receives the unrestricted, non-transferable right to use the delivered images.
I am entitled to change the images and adapt them to my own needs.
The transfer of the photographic works against payment is only permitted by separate agreement stated in the order or only with written consent. The gratuitous passing on is generally permitted.
In the event of publication, the photographic producer shall be entitled to request that the producer's designation (name) or the copyright notice be clearly and legibly attached directly to the Photograph. In the publication of photographic works on private homepages, social networks, etc. I waive the manufacturer designation.
In the absence of a separate agreement, the photographer shall be entitled to use the photographic works without restriction for the purposes of its own advertising. However, the client may prohibit this in advance by simply sending a statement by e-mail or in any other form. In this case, the images will only be handed over to the client and will not be used for advertising purposes.
If all rights are handed over to the client, the photographer retains all copyrights and ancillary copyrights (§§ 1, 2 Abs. 2, 73ff UrhG).
§5 Property rights and archiving
The right of ownership of the exposed film material (negatives, slides, etc.) belongs to the author. The generally granted unrestricted right of use is unaffected.
I will archive the recordings without legal obligation. In case of loss or damage, the contracting party is not entitled to any claims.
§6 Third party claims
The contracting party shall be responsible for obtaining any necessary consent from depicted objects (e.g. works of fine art, samples and models, trademarks, photographic templates, etc.) or persons (e.g. models). He shall indemnify and hold the contractor harmless in this respect, in particular with regard to claims under §§ 78 UhrG, 1041 ABGB.
I guarantee the consent of authorized persons (authors, depicted persons, etc.), in particular models, only in the case of express written consent for the contractual purposes of use.
§7 Loss and damage
In case of loss or damage of produced recordings I am always liable only for intent and gross negligence.
The liability is limited to own fault. Any liability is limited to the cost of materials and the free repetition of the recordings (if and to the extent possible).
The client is not entitled to any further claims; in particular, I am not liable for any travel and accommodation expenses or third-party costs (models, assistants, make-up artists and other recording personnel) or for lost profits and consequential damages.
§8 Service and warranty
I will carefully execute the order placed. I may also have the order executed in whole or in part by third parties (laboratories, external service providers, etc.).
Unless the contracting party gives written instructions, I am free with regard to the manner of execution of the order. This applies in particular to the image conception, the selection of the photo models, the shooting location and the applied optical-technical (photographic) means. Deviations from previous deliveries do not constitute a defect as such.
It is the sole responsibility of the customer to obtain permission for photographs from the venue of the photographic activity.
I am not liable for defects resulting from incorrect or inaccurate instructions of the contractual partner (§ 1168a ABGB). In any case, I am liable only for intent and gross negligence.
The contractual partner shall bear the risk for all circumstances that are not in the person of the contractor, such as weather conditions for outdoor shoots, timely provision of products and props, failure of models, travel hindrances, etc.
All complaints must be made in writing within 7 days of delivery at the latest and must be accompanied by all documents. After expiry of this period, the service shall be deemed to have been provided in accordance with the order. The warranty period is three months.
In the event of defectiveness, the contractual partner shall only be entitled to a claim for improvement by the contractor. If an improvement is impossible or if it is rejected by me, the contractual partner is entitled to a price reduction. There is no liability for insignificant defects.
If the contracting party refrains from the execution of the placed order for whatever reason, I am entitled to half of the fee plus all actually incurred incidental expenses in the absence of any other agreement. In case of absolutely necessary changes of dates (e.g. due to weather conditions), a fee corresponding to the time spent in vain or reserved and all additional costs are to be paid.
If it is not possible for me due to important reasons (illness, etc.) to keep an agreed appointment for the fulfillment of the order, I am free to have the order fulfilled by a third party according to §8.
However, I am not liable for any damage caused by force majeure (theft of photographic equipment, traffic accident, emergency surgery, ...).
I am not liable for missing or compromised photo shoots due to venue restrictions, including but not limited to access restrictions or flash bans and the like.
I am booked exclusively by the contractor as a professional photographer for assignment and other agreed upon events. Guests are allowed to take amateur photos as long as we are not obstructed in our work (e.g. by staying in front or behind the professional photographer, and none of his arranged poses are photographed. I am not liable for overexposed photos affected by the flash or lighting of other photo or video cameras.
Due to the nature of an event and the numerous events in different locations typical of it, I will be moving, changing and adjusting equipment frequently throughout the day or for the duration of the assignment. It is the client's responsibility to inform me of the next important step of the event. In addition, a selected trusted person should have an overview of which photo shoots are desired and group the respective guests accordingly. I photograph the respective groups, but I am not responsible for the organization and composition of these. I am happy to assist with the composition, but can only have a limited influence on it due to ignorance of family situations.
I am entitled to short breaks for food and natural needs after a full day booking. Usually, the catering is provided by the organizer. The breaks are carried out according to the possibility and agreement of the client/organizer. In any case, after a continuous activity exceeding 6 hours, I am entitled to a continuous break of 30 minutes, which I will integrate into the schedule and interrupt in case of unforeseen events.
I am booked for my professional and artistic expertise and therefore reserve the right to edit my photos as I see fit. As a photographer, I cannot guarantee that all guests present will be photographed. The choice of photos supplied is up to the photographer unless otherwise agreed in writing.
§9 Fees, Payment & Delivery
Based on the submission of an offer and its acceptance, the contractor shall be entitled to the agreed remuneration for its services.
To fix the order, the client receives a down payment invoice in the amount of 20% of the total order volume, which is due within 7 days after invoicing.
The delivery of the photos will take place after receipt of the full hononary.
In case of cancellation of a booked wedding, 80% of the agreed total fee will apply as a cancellation fee from 8 weeks before the scheduled fulfillment of the order. In case of cancellations made earlier than 8 weeks before the scheduled fulfillment of the order, the cancellation fee is 30% of the total fee.
If the order is cancelled by the client due to force majeure, the contractor is not entitled to any cancellation fee.
On average, the waiting time for the finalized photos is two weeks from the end of the order, although there is no legal claim to this.
§10 Final provisions
The place of performance and jurisdiction is Vienna. In case of relocation of the registered office, actions may be brought at the old and at the new registered office.
The Product Liability Act (PHG) is not applicable; in any case, liability for other than personal injury is excluded if the contractual partner is an entrepreneur. In all other respects, Austrian law shall apply, which shall also take precedence over international sales law.
Indemnification and hold harmless shall also include the costs of extrajudicial legal defense.
These General Terms and Conditions shall not apply insofar as mandatory provisions of the KSchG conflict therewith. Partial invalidity of individual provisions (of the contract) shall not affect the validity of the remaining provisions of the contract.
