General Terms and Conditions
1. Applicability and scope of the General Terms and Conditions
1.1 The following General Terms and Conditions shall apply if the photographer's contractual partner is an entrepreneur within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG).
1.2 The photographer shall provide his services exclusively on the basis of the following General Terms and Conditions. By placing the order, the client acknowledges their applicability. These shall also apply to all future business relationships, even if no express reference is made to them, unless the photographer announces a change. Any general terms and conditions of the contractual partner shall not become part of the contract.
1.3 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions of the contracts concluded on the basis thereof. An invalid provision shall be replaced by a valid provision that comes as close as possible to its meaning and purpose.
1.4 Offers made by the photographer are subject to change and non-binding.
2. Copyright provisions:
2.1 The photographer is entitled to all copyrights and ancillary copyrights of the photographer (§§1, 2 para. 2, 73ff UrhG). Permission for use (publication rights etc.) shall only be deemed to have been granted if expressly agreed. In this case, the contractual partner shall acquire a simple (non-exclusive and non-exclusive), non-transferable (assignable) license for the expressly agreed purpose of use and within the agreed limits (number of copies, temporal and local restrictions, etc.); in case of doubt, the scope of use stated in the invoice or delivery bill shall be decisive. In any case, the contractual partner shall only acquire as many rights as correspond to the disclosed purpose of the contract (order placed). In the absence of any other agreement, the authorization of use shall only be deemed to have been granted for a single publication (in one edition), only for the client's expressly designated medium and not for advertising purposes.
2.2 Any alteration of the photograph requires the written consent of the photographer. This shall only not apply if the change is necessary in accordance with the purpose of the contract known to the photographer.
2.3 In the event of publication, two free specimen copies shall be sent. In the case of expensive products, the number of specimen copies shall be reduced to one. In the case of publication on the Internet, the photographer must be informed of the web address.
3. Ownership of the film material - archiving:
3.1 The photographer shall be entitled to ownership of the image files. A right to the transfer of digital image files shall only exist if expressly agreed in writing and, unless otherwise agreed, shall only apply to a selection and not to all image files produced by the photographer.
In any case, the authorization of use shall only be deemed to have been granted within the scope of point 2.1.
3.2 Reproduction or distribution of photographs in online databases, in electronic archives or on the Internet, which are not intended solely for the client's internal use, on CD-ROMs or similar external and internal data carriers is only permitted on the basis of a special agreement between the photographer and the client. The right to a backup copy remains unaffected by this.
3.3 The photographer shall archive the photograph without legal obligation for a period of one year. In the event of loss or damage, the contractual partner shall not be entitled to any claims.
4. Labeling:
4.1 The photographer is entitled to label the photographs and the digital image files in any way he deems appropriate with his manufacturer's name. The contractual partner shall be obliged to ensure the integrity of the manufacturer's designation, in particular in the case of authorized disclosure to third parties. If necessary, the manufacturer's designation must be affixed or renewed. This also applies in particular to all means of reproduction created during production or when making copies of digital image files.
4.2 The contractual partner is obliged to store digital photographs in such a way that the manufacturer's designation remains electronically linked to the photographs so that it is retained in any type of data transfer and the photographer can be clearly and unambiguously identified as the author of the photographs.
5. Secondary obligations:
5.1 The contractual partner shall be responsible for obtaining any necessary work use authorizations from third parties and consent to the depiction of persons. He shall indemnify and hold the photographer harmless in this respect, in particular with regard to claims arising from the right to one's own image pursuant to § 78 UrhG and with regard to claims for use pursuant to § 1041 ABGB. The photographer guarantees the consent of authorized persons only in the case of express written consent for the contractual purposes of use (point 2.1).
5.2 Should the photographer be commissioned by the contracting party with the electronic processing of third-party photographs, the client assures that he is authorized to do so and indemnifies the photographer against all claims of third parties based on a breach of this obligation.
5.3 The contractual partner undertakes to collect any objects photographed immediately after they have been photographed. If these objects are not collected within two working days of being requested to do so, the photographer shall be entitled to charge storage costs or to store the objects at the client's expense. Transportation and storage costs shall be borne by the client.
6. Loss and damage:
6.1 In the event of loss of or damage to photographs produced on commission, the Photographer shall only be liable - under whatever legal title - for intent and gross negligence. Liability shall be limited to his own fault and that of his employees; the Photographer shall only be liable to third parties for intent and gross negligence in the selection. Any liability is limited to the material costs and the free repetition of the photographs (if and insofar as this is possible). The client shall not be entitled to any further claims; in particular, the photographer shall not be liable for any travel and accommodation expenses or for third-party costs (models, assistants, make-up artists and other shooting personnel) or for loss of profit, consequential and immaterial damages. Claims for damages shall only exist if the injured party can prove gross negligence. Claims for compensation shall lapse 3 months after knowledge of the damage and the damaging party, but in any case 10 years after the provision of the service or delivery.
6.2 Point 6.1 shall apply accordingly in the event of loss of or damage to templates (films, layouts, display pieces, other templates, etc.) and products and props provided. More valuable items must be insured by the contractual partner.
7. Premature termination:
The photographer is entitled to terminate the contract with immediate effect for good cause. Good cause shall be deemed to exist in particular if bankruptcy or composition proceedings are opened against the assets of the contractual partner or if an application for the opening of such proceedings is rejected for lack of assets to cover the costs or if the customer suspends payments or if there are justified concerns regarding the creditworthiness of the contractual partner and the latter fails to make advance payments or provide suitable security at the request of the photographer, or if the performance of the service is impossible for reasons for which the contractual partner is responsible or is further delayed despite the setting of a 14-day grace period, or if the contractual partner continues to violate essential obligations under the contract, such as the payment of a due partial amount or obligations to cooperate, despite a written warning with a grace period of 14 days.
8. Performance and warranty:
8.1 The Photographer shall carry out the order carefully. He may also have the order carried out - in whole or in part - by third parties. If the contractual partner does not give any written instructions, the photographer is free with regard to the type of execution of the order. This applies in particular to the image design, the choice of models, the location and the photographic means used. Deviations from previous deliveries do not constitute a defect as such.
8.2 No liability shall be accepted for defects attributable to incorrect or inaccurate instructions from the contractual partner (§ 1168a ABGB). In any case, the photographer shall only be liable for intent and gross negligence.
8.3 The contractual partner shall bear the risk for all circumstances that are not attributable to the photographer, such as weather conditions during outdoor shoots, timely provision of products and props, failure of models, travel hindrances, etc....
8.4 Shipments shall travel at the expense and risk of the contractual partner.
8.5 The photographer reserves the right - apart from those cases in which the contractual partner is entitled by law to rescind the contract - to fulfill the warranty claim at his discretion by improvement, replacement or price reduction. In this respect, the contractual partner must always prove that the defect already existed at the time of delivery. The goods must be inspected immediately after delivery. The photographer must be notified in writing of any defects discovered without delay, but at the latest within 8 days of delivery, stating the nature and extent of the defect. Hidden defects must be reported immediately after their discovery. If a complaint is not made or not made in good time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages, including consequential damages, as well as the right to contest errors due to defects, are excluded in these cases. The warranty period is 3 months.
8.6 No liability is accepted for minor defects. Color differences in the case of repeat orders shall not be considered a significant defect. Point 6.1 shall apply accordingly.
8.7 We shall only be liable for fixed order deadlines if this has been expressly agreed in writing. In the event of any delays in delivery, 6.1 shall apply accordingly.
8.8 Minor delays in delivery shall be accepted in any case without the contractual partner being entitled to a claim for damages or a right of withdrawal.
8.9 Any authorizations for use granted by the photographer shall not include the public performance of sound works in any media.
9 Remuneration / fee:
9.1 In the absence of an express written agreement, the photographer shall be entitled to a fee in accordance with his current price lists, otherwise a reasonable fee.
9.2 The fee shall also be due for layout or presentation photographs and if utilization is not made or depends on the decision of third parties. In this case, no price reductions shall be granted on the recording fee.
9.3 All material and other costs (props, products, models, travel expenses, accommodation expenses, make-up artists, etc.), even if they are procured by the photographer, shall be paid separately.
9.4 Any changes requested by the contractual partner in the course of carrying out the work shall be borne by the contractual partner.
9.5 Conceptual services (consulting, layout, other graphic services, etc.) are not included in the shooting fee. The same applies to above-average organizational expenses or such meeting expenses.
9.6 If the contractual partner refrains from carrying out the order placed for reasons within his sphere of responsibility, the photographer shall be entitled to the agreed fee in the absence of any other agreement. In the event of absolutely necessary changes to the deadline (e.g. due to weather conditions), a fee corresponding to the time spent or reserved in vain and all ancillary costs shall be paid.
9.7 The net fee is exclusive of VAT at the applicable statutory rate.
9.8 The contractual partner waives the possibility of offsetting.
10. License fee:
Unless expressly agreed otherwise in writing, the photographer shall be separately entitled to a license fee in the agreed or reasonable amount in the event that a license for use is granted.
11. Reference:
The Client grants the Contractor the right to name the Contractor personally and/or the company as a whole as a reference customer in the context of its commercial activities, irrespective of the transmission, carrier and storage technologies, using its name, its public photos (for example from the website or also from social media profiles) and its company logo. In addition, the Customer grants the Contractor the free right, unlimited in time, space and content, to describe the cooperation and the services and to use this description, including any verbatim quotations, in whole or in part, also by mentioning the Customer's name, using the photos provided and/or public photos, using the Customer's logo and photos, videos or other materials created by the Customer or the Client for illustration and advertising purposes in both print and electronic media.
12 Final provisions:
12.1 The place of performance and jurisdiction shall be the photographer's registered office. In the event of relocation of the registered office, legal action may be brought at the old and the new registered office.
12.2 Any recourse claims asserted against the photographer by contractual partners or third parties on the grounds of product liability within the meaning of the Austrian Product Liability Act shall be excluded, unless the party entitled to recourse proves that the defect was caused within the photographer's sphere of responsibility and was the result of at least gross negligence. In all other respects, Austrian substantive law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. The contractual language is German.
12.3 These General Terms and Conditions shall apply mutatis mutandis to film works or motion pictures produced by the photographer in accordance with the order, irrespective of the process and technology used (film, video, etc.).
General Terms and Conditions
1. Applicability and scope of the General Terms and Conditions
1.1 The following General Terms and Conditions shall apply if the photographer's contractual partner is an entrepreneur within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG).
1.2 The photographer shall provide his services exclusively on the basis of the following General Terms and Conditions. By placing the order, the client acknowledges their applicability. These shall also apply to all future business relationships, even if no express reference is made to them, unless the photographer announces a change. Any general terms and conditions of the contractual partner shall not become part of the contract.
1.3 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions of the contracts concluded on the basis thereof. An invalid provision shall be replaced by a valid provision that comes as close as possible to its meaning and purpose.
1.4 Offers made by the photographer are subject to change and non-binding.
2. Copyright provisions:
2.1 The photographer is entitled to all copyrights and ancillary copyrights of the photographer (§§1, 2 para. 2, 73ff UrhG). Permission for use (publication rights etc.) shall only be deemed to have been granted if expressly agreed. In this case, the contractual partner shall acquire a simple (non-exclusive and non-exclusive), non-transferable (assignable) license for the expressly agreed purpose of use and within the agreed limits (number of copies, temporal and local restrictions, etc.); in case of doubt, the scope of use stated in the invoice or delivery bill shall be decisive. In any case, the contractual partner shall only acquire as many rights as correspond to the disclosed purpose of the contract (order placed). In the absence of any other agreement, the authorization of use shall only be deemed to have been granted for a single publication (in one edition), only for the client's expressly designated medium and not for advertising purposes.
2.2 Any alteration of the photograph requires the written consent of the photographer. This shall only not apply if the change is necessary in accordance with the purpose of the contract known to the photographer.
2.3 In the event of publication, two free specimen copies shall be sent. In the case of expensive products, the number of specimen copies shall be reduced to one. In the case of publication on the Internet, the photographer must be informed of the web address.
3. Ownership of the film material - archiving:
3.1 The photographer shall be entitled to ownership of the image files. A right to the transfer of digital image files shall only exist if expressly agreed in writing and, unless otherwise agreed, shall only apply to a selection and not to all image files produced by the photographer.
In any case, the authorization of use shall only be deemed to have been granted within the scope of point 2.1.
3.2 Reproduction or distribution of photographs in online databases, in electronic archives or on the Internet, which are not intended solely for the client's internal use, on CD-ROMs or similar external and internal data carriers is only permitted on the basis of a special agreement between the photographer and the client. The right to a backup copy remains unaffected by this.
3.3 The photographer shall archive the photograph without legal obligation for a period of one year. In the event of loss or damage, the contractual partner shall not be entitled to any claims.
4. Labeling:
4.1 The photographer is entitled to label the photographs and the digital image files in any way he deems appropriate with his manufacturer's name. The contractual partner shall be obliged to ensure the integrity of the manufacturer's designation, in particular in the case of authorized disclosure to third parties. If necessary, the manufacturer's designation must be affixed or renewed. This also applies in particular to all means of reproduction created during production or when making copies of digital image files.
4.2 The contractual partner is obliged to store digital photographs in such a way that the manufacturer's designation remains electronically linked to the photographs so that it is retained in any type of data transfer and the photographer can be clearly and unambiguously identified as the author of the photographs.
5. Secondary obligations:
5.1 The contractual partner shall be responsible for obtaining any necessary work use authorizations from third parties and consent to the depiction of persons. He shall indemnify and hold the photographer harmless in this respect, in particular with regard to claims arising from the right to one's own image pursuant to § 78 UrhG and with regard to claims for use pursuant to § 1041 ABGB. The photographer guarantees the consent of authorized persons only in the case of express written consent for the contractual purposes of use (point 2.1).
5.2 Should the photographer be commissioned by the contracting party with the electronic processing of third-party photographs, the client assures that he is authorized to do so and indemnifies the photographer against all claims of third parties based on a breach of this obligation.
5.3 The contractual partner undertakes to collect any objects photographed immediately after they have been photographed. If these objects are not collected within two working days of being requested to do so, the photographer shall be entitled to charge storage costs or to store the objects at the client's expense. Transportation and storage costs shall be borne by the client.
6. Loss and damage:
6.1 In the event of loss of or damage to photographs produced on commission, the Photographer shall only be liable - under whatever legal title - for intent and gross negligence. Liability shall be limited to his own fault and that of his employees; the Photographer shall only be liable to third parties for intent and gross negligence in the selection. Any liability is limited to the material costs and the free repetition of the photographs (if and insofar as this is possible). The client shall not be entitled to any further claims; in particular, the photographer shall not be liable for any travel and accommodation expenses or for third-party costs (models, assistants, make-up artists and other shooting personnel) or for loss of profit, consequential and immaterial damages. Claims for damages shall only exist if the injured party can prove gross negligence. Claims for compensation shall lapse 3 months after knowledge of the damage and the damaging party, but in any case 10 years after the provision of the service or delivery.
6.2 Point 6.1 shall apply accordingly in the event of loss of or damage to templates (films, layouts, display pieces, other templates, etc.) and products and props provided. More valuable items must be insured by the contractual partner.
7. Premature termination:
The photographer is entitled to terminate the contract with immediate effect for good cause. Good cause shall be deemed to exist in particular if bankruptcy or composition proceedings are opened against the assets of the contractual partner or if an application for the opening of such proceedings is rejected for lack of assets to cover the costs or if the customer suspends payments or if there are justified concerns regarding the creditworthiness of the contractual partner and the latter fails to make advance payments or provide suitable security at the request of the photographer, or if the performance of the service is impossible for reasons for which the contractual partner is responsible or is further delayed despite the setting of a 14-day grace period, or if the contractual partner continues to violate essential obligations under the contract, such as the payment of a due partial amount or obligations to cooperate, despite a written warning with a grace period of 14 days.
8. Performance and warranty:
8.1 The Photographer shall carry out the order carefully. He may also have the order carried out - in whole or in part - by third parties. If the contractual partner does not give any written instructions, the photographer is free with regard to the type of execution of the order. This applies in particular to the image design, the choice of models, the location and the photographic means used. Deviations from previous deliveries do not constitute a defect as such.
8.2 No liability shall be accepted for defects attributable to incorrect or inaccurate instructions from the contractual partner (§ 1168a ABGB). In any case, the photographer shall only be liable for intent and gross negligence.
8.3 The contractual partner shall bear the risk for all circumstances that are not attributable to the photographer, such as weather conditions during outdoor shoots, timely provision of products and props, failure of models, travel hindrances, etc....
8.4 Shipments shall travel at the expense and risk of the contractual partner.
8.5 The photographer reserves the right - apart from those cases in which the contractual partner is entitled by law to rescind the contract - to fulfill the warranty claim at his discretion by improvement, replacement or price reduction. In this respect, the contractual partner must always prove that the defect already existed at the time of delivery. The goods must be inspected immediately after delivery. The photographer must be notified in writing of any defects discovered without delay, but at the latest within 8 days of delivery, stating the nature and extent of the defect. Hidden defects must be reported immediately after their discovery. If a complaint is not made or not made in good time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages, including consequential damages, as well as the right to contest errors due to defects, are excluded in these cases. The warranty period is 3 months.
8.6 No liability is accepted for minor defects. Color differences in the case of repeat orders shall not be considered a significant defect. Point 6.1 shall apply accordingly.
8.7 We shall only be liable for fixed order deadlines if this has been expressly agreed in writing. In the event of any delays in delivery, 6.1 shall apply accordingly.
8.8 Minor delays in delivery shall be accepted in any case without the contractual partner being entitled to a claim for damages or a right of withdrawal.
8.9 Any authorizations for use granted by the photographer shall not include the public performance of sound works in any media.
9 Remuneration / fee:
9.1 In the absence of an express written agreement, the photographer shall be entitled to a fee in accordance with his current price lists, otherwise a reasonable fee.
9.2 The fee shall also be due for layout or presentation photographs and if utilization is not made or depends on the decision of third parties. In this case, no price reductions shall be granted on the recording fee.
9.3 All material and other costs (props, products, models, travel expenses, accommodation expenses, make-up artists, etc.), even if they are procured by the photographer, shall be paid separately.
9.4 Any changes requested by the contractual partner in the course of carrying out the work shall be borne by the contractual partner.
9.5 Conceptual services (consulting, layout, other graphic services, etc.) are not included in the shooting fee. The same applies to above-average organizational expenses or such meeting expenses.
9.6 If the contractual partner refrains from carrying out the order placed for reasons within his sphere of responsibility, the photographer shall be entitled to the agreed fee in the absence of any other agreement. In the event of absolutely necessary changes to the deadline (e.g. due to weather conditions), a fee corresponding to the time spent or reserved in vain and all ancillary costs shall be paid.
9.7 The net fee is exclusive of VAT at the applicable statutory rate.
9.8 The contractual partner waives the possibility of offsetting.
10. License fee:
Unless expressly agreed otherwise in writing, the photographer shall be separately entitled to a license fee in the agreed or reasonable amount in the event that a license for use is granted.
11. Reference:
The Client grants the Contractor the right to name the Contractor personally and/or the company as a whole as a reference customer in the context of its commercial activities, irrespective of the transmission, carrier and storage technologies, using its name, its public photos (for example from the website or also from social media profiles) and its company logo. In addition, the Customer grants the Contractor the free right, unlimited in time, space and content, to describe the cooperation and the services and to use this description, including any verbatim quotations, in whole or in part, also by mentioning the Customer's name, using the photos provided and/or public photos, using the Customer's logo and photos, videos or other materials created by the Customer or the Client for illustration and advertising purposes in both print and electronic media.
12 Final provisions:
12.1 The place of performance and jurisdiction shall be the photographer's registered office. In the event of relocation of the registered office, legal action may be brought at the old and the new registered office.
12.2 Any recourse claims asserted against the photographer by contractual partners or third parties on the grounds of product liability within the meaning of the Austrian Product Liability Act shall be excluded, unless the party entitled to recourse proves that the defect was caused within the photographer's sphere of responsibility and was the result of at least gross negligence. In all other respects, Austrian substantive law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. The contractual language is German.
12.3 These General Terms and Conditions shall apply mutatis mutandis to film works or motion pictures produced by the photographer in accordance with the order, irrespective of the process and technology used (film, video, etc.).
General Terms and Conditions
1. Applicability and scope of the General Terms and Conditions
1.1 The following General Terms and Conditions shall apply if the photographer's contractual partner is an entrepreneur within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG).
1.2 The photographer shall provide his services exclusively on the basis of the following General Terms and Conditions. By placing the order, the client acknowledges their applicability. These shall also apply to all future business relationships, even if no express reference is made to them, unless the photographer announces a change. Any general terms and conditions of the contractual partner shall not become part of the contract.
1.3 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions of the contracts concluded on the basis thereof. An invalid provision shall be replaced by a valid provision that comes as close as possible to its meaning and purpose.
1.4 Offers made by the photographer are subject to change and non-binding.
2. Copyright provisions:
2.1 The photographer is entitled to all copyrights and ancillary copyrights of the photographer (§§1, 2 para. 2, 73ff UrhG). Permission for use (publication rights etc.) shall only be deemed to have been granted if expressly agreed. In this case, the contractual partner shall acquire a simple (non-exclusive and non-exclusive), non-transferable (assignable) license for the expressly agreed purpose of use and within the agreed limits (number of copies, temporal and local restrictions, etc.); in case of doubt, the scope of use stated in the invoice or delivery bill shall be decisive. In any case, the contractual partner shall only acquire as many rights as correspond to the disclosed purpose of the contract (order placed). In the absence of any other agreement, the authorization of use shall only be deemed to have been granted for a single publication (in one edition), only for the client's expressly designated medium and not for advertising purposes.
2.2 Any alteration of the photograph requires the written consent of the photographer. This shall only not apply if the change is necessary in accordance with the purpose of the contract known to the photographer.
2.3 In the event of publication, two free specimen copies shall be sent. In the case of expensive products, the number of specimen copies shall be reduced to one. In the case of publication on the Internet, the photographer must be informed of the web address.
3. Ownership of the film material - archiving:
3.1 The photographer shall be entitled to ownership of the image files. A right to the transfer of digital image files shall only exist if expressly agreed in writing and, unless otherwise agreed, shall only apply to a selection and not to all image files produced by the photographer.
In any case, the authorization of use shall only be deemed to have been granted within the scope of point 2.1.
3.2 Reproduction or distribution of photographs in online databases, in electronic archives or on the Internet, which are not intended solely for the client's internal use, on CD-ROMs or similar external and internal data carriers is only permitted on the basis of a special agreement between the photographer and the client. The right to a backup copy remains unaffected by this.
3.3 The photographer shall archive the photograph without legal obligation for a period of one year. In the event of loss or damage, the contractual partner shall not be entitled to any claims.
4. Labeling:
4.1 The photographer is entitled to label the photographs and the digital image files in any way he deems appropriate with his manufacturer's name. The contractual partner shall be obliged to ensure the integrity of the manufacturer's designation, in particular in the case of authorized disclosure to third parties. If necessary, the manufacturer's designation must be affixed or renewed. This also applies in particular to all means of reproduction created during production or when making copies of digital image files.
4.2 The contractual partner is obliged to store digital photographs in such a way that the manufacturer's designation remains electronically linked to the photographs so that it is retained in any type of data transfer and the photographer can be clearly and unambiguously identified as the author of the photographs.
5. Secondary obligations:
5.1 The contractual partner shall be responsible for obtaining any necessary work use authorizations from third parties and consent to the depiction of persons. He shall indemnify and hold the photographer harmless in this respect, in particular with regard to claims arising from the right to one's own image pursuant to § 78 UrhG and with regard to claims for use pursuant to § 1041 ABGB. The photographer guarantees the consent of authorized persons only in the case of express written consent for the contractual purposes of use (point 2.1).
5.2 Should the photographer be commissioned by the contracting party with the electronic processing of third-party photographs, the client assures that he is authorized to do so and indemnifies the photographer against all claims of third parties based on a breach of this obligation.
5.3 The contractual partner undertakes to collect any objects photographed immediately after they have been photographed. If these objects are not collected within two working days of being requested to do so, the photographer shall be entitled to charge storage costs or to store the objects at the client's expense. Transportation and storage costs shall be borne by the client.
6. Loss and damage:
6.1 In the event of loss of or damage to photographs produced on commission, the Photographer shall only be liable - under whatever legal title - for intent and gross negligence. Liability shall be limited to his own fault and that of his employees; the Photographer shall only be liable to third parties for intent and gross negligence in the selection. Any liability is limited to the material costs and the free repetition of the photographs (if and insofar as this is possible). The client shall not be entitled to any further claims; in particular, the photographer shall not be liable for any travel and accommodation expenses or for third-party costs (models, assistants, make-up artists and other shooting personnel) or for loss of profit, consequential and immaterial damages. Claims for damages shall only exist if the injured party can prove gross negligence. Claims for compensation shall lapse 3 months after knowledge of the damage and the damaging party, but in any case 10 years after the provision of the service or delivery.
6.2 Point 6.1 shall apply accordingly in the event of loss of or damage to templates (films, layouts, display pieces, other templates, etc.) and products and props provided. More valuable items must be insured by the contractual partner.
7. Premature termination:
The photographer is entitled to terminate the contract with immediate effect for good cause. Good cause shall be deemed to exist in particular if bankruptcy or composition proceedings are opened against the assets of the contractual partner or if an application for the opening of such proceedings is rejected for lack of assets to cover the costs or if the customer suspends payments or if there are justified concerns regarding the creditworthiness of the contractual partner and the latter fails to make advance payments or provide suitable security at the request of the photographer, or if the performance of the service is impossible for reasons for which the contractual partner is responsible or is further delayed despite the setting of a 14-day grace period, or if the contractual partner continues to violate essential obligations under the contract, such as the payment of a due partial amount or obligations to cooperate, despite a written warning with a grace period of 14 days.
8. Performance and warranty:
8.1 The Photographer shall carry out the order carefully. He may also have the order carried out - in whole or in part - by third parties. If the contractual partner does not give any written instructions, the photographer is free with regard to the type of execution of the order. This applies in particular to the image design, the choice of models, the location and the photographic means used. Deviations from previous deliveries do not constitute a defect as such.
8.2 No liability shall be accepted for defects attributable to incorrect or inaccurate instructions from the contractual partner (§ 1168a ABGB). In any case, the photographer shall only be liable for intent and gross negligence.
8.3 The contractual partner shall bear the risk for all circumstances that are not attributable to the photographer, such as weather conditions during outdoor shoots, timely provision of products and props, failure of models, travel hindrances, etc....
8.4 Shipments shall travel at the expense and risk of the contractual partner.
8.5 The photographer reserves the right - apart from those cases in which the contractual partner is entitled by law to rescind the contract - to fulfill the warranty claim at his discretion by improvement, replacement or price reduction. In this respect, the contractual partner must always prove that the defect already existed at the time of delivery. The goods must be inspected immediately after delivery. The photographer must be notified in writing of any defects discovered without delay, but at the latest within 8 days of delivery, stating the nature and extent of the defect. Hidden defects must be reported immediately after their discovery. If a complaint is not made or not made in good time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages, including consequential damages, as well as the right to contest errors due to defects, are excluded in these cases. The warranty period is 3 months.
8.6 No liability is accepted for minor defects. Color differences in the case of repeat orders shall not be considered a significant defect. Point 6.1 shall apply accordingly.
8.7 We shall only be liable for fixed order deadlines if this has been expressly agreed in writing. In the event of any delays in delivery, 6.1 shall apply accordingly.
8.8 Minor delays in delivery shall be accepted in any case without the contractual partner being entitled to a claim for damages or a right of withdrawal.
8.9 Any authorizations for use granted by the photographer shall not include the public performance of sound works in any media.
9 Remuneration / fee:
9.1 In the absence of an express written agreement, the photographer shall be entitled to a fee in accordance with his current price lists, otherwise a reasonable fee.
9.2 The fee shall also be due for layout or presentation photographs and if utilization is not made or depends on the decision of third parties. In this case, no price reductions shall be granted on the recording fee.
9.3 All material and other costs (props, products, models, travel expenses, accommodation expenses, make-up artists, etc.), even if they are procured by the photographer, shall be paid separately.
9.4 Any changes requested by the contractual partner in the course of carrying out the work shall be borne by the contractual partner.
9.5 Conceptual services (consulting, layout, other graphic services, etc.) are not included in the shooting fee. The same applies to above-average organizational expenses or such meeting expenses.
9.6 If the contractual partner refrains from carrying out the order placed for reasons within his sphere of responsibility, the photographer shall be entitled to the agreed fee in the absence of any other agreement. In the event of absolutely necessary changes to the deadline (e.g. due to weather conditions), a fee corresponding to the time spent or reserved in vain and all ancillary costs shall be paid.
9.7 The net fee is exclusive of VAT at the applicable statutory rate.
9.8 The contractual partner waives the possibility of offsetting.
10. License fee:
Unless expressly agreed otherwise in writing, the photographer shall be separately entitled to a license fee in the agreed or reasonable amount in the event that a license for use is granted.
11. Reference:
The Client grants the Contractor the right to name the Contractor personally and/or the company as a whole as a reference customer in the context of its commercial activities, irrespective of the transmission, carrier and storage technologies, using its name, its public photos (for example from the website or also from social media profiles) and its company logo. In addition, the Customer grants the Contractor the free right, unlimited in time, space and content, to describe the cooperation and the services and to use this description, including any verbatim quotations, in whole or in part, also by mentioning the Customer's name, using the photos provided and/or public photos, using the Customer's logo and photos, videos or other materials created by the Customer or the Client for illustration and advertising purposes in both print and electronic media.
12 Final provisions:
12.1 The place of performance and jurisdiction shall be the photographer's registered office. In the event of relocation of the registered office, legal action may be brought at the old and the new registered office.
12.2 Any recourse claims asserted against the photographer by contractual partners or third parties on the grounds of product liability within the meaning of the Austrian Product Liability Act shall be excluded, unless the party entitled to recourse proves that the defect was caused within the photographer's sphere of responsibility and was the result of at least gross negligence. In all other respects, Austrian substantive law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. The contractual language is German.
12.3 These General Terms and Conditions shall apply mutatis mutandis to film works or motion pictures produced by the photographer in accordance with the order, irrespective of the process and technology used (film, video, etc.).
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Copyright © 2024 GT International All Rights Reserved.