General Terms and Conditions (GTC) by Andreas Martin Photography, Video and Workshops, Balinger Str. 45, 70567 Stuttgart
1. Validity of offers
Offers are valid for 14 days from the offer date.
These Terms and Conditions apply to all orders placed with the photographer. They shall be deemed to have been agreed if they are not immediately contradicted. “Photographs” within the meaning of these General Terms and Conditions are all products manufactured by the photographer, in whatever technical form or medium they were or are present in. (negatives, slide-positives, paper images, still videos, electronic standing images in digitized form, digital photos, videos, etc.)
3. Compensation, payment, deadlines, discounts
For the production of the photographs, a fee is calculated as an hourly rate, daily rate or agreed flat rate plus the statutory value added tax. Usage rights are shown separately on the invoice. Invoices with receipt of the invoice due without deduction. A payment target has not been agreed unless this is listed on the invoice. Until the purchase price has been paid in full, the photographs and services supplied remain the property of the photographer. A reminder for non-timely payment will be charged with a reminder and handling fee of 40,- as well as a default interest rate of 9 percentage points above the base interest rate of the Deutsche Bundesbank from the date of default of the claim. Further costs incurred as a result of late payment, such as: for dunning proceedings or collection, this shall remain unaffected and will also be invoiced to the debtor. Delivery times of the data from the customer: Failure to meet the delivery times of the data (plans, photo material, order specifications, etc.) lead to corresponding delays in the agreed delivery of the final product. The customer shall bear the resulting additional costs. If a discount has been granted to the customer, a delay in payment will result in all discounts being paid.
4th. Ancillary, travel and draft
Additional costs incurred in connection with the implementation must be reimbursed separately. These are e.g. Travel expenses, model fees, expenses, props, laboratory and materials costs and studio rentals. Collaboration on drafts and the creation of image ideas, scripts, etc. as well as all other additional services are paid at the hourly rate of 80,- net and billed per hour started.
5. Work material
All the information, images, models, audio data, etc. necessary to carry out the work. provided by the client free of charge and rights.
6. Retention of title and copyright
All services and rights of use supplied shall remain the property of the Contractor until full payment has been made. The created recording material can be used by the client after full payment and must be used in any kind of publication in any medium with the author’s proof “Photo: AndreasMartin.com” or “Photo: AndreasMartin.com” or “Video: AndreasMartin.com”. Instead, social media requires the following proof of author: Instagram: @andreasmartincom YouTube: Andreas Martin Advertising photographer Videoproduktion Stuttgart Facebook: https://www.facebook.com/AndreasMartincom/
The photographer is entitled to the copyright in the photographs in accordance with the Copyright Act. The photographs produced by the photographer are generally intended only for the client’s own use. If the photographer transfers rights of use to his works, only the simple right of use is transferred , unless expressly agreed otherwise. A transfer of rights of use is required by the special agreement. The rights of use only pass after the full payment of the fee to the photographer. The purchaser of a picture in the section 60 UrhG has no right to reproduce and distribute the photograph unless the corresponding rights of use have been transferred. Section 60 Of the UrhG is expressly waived. When using the photographs, the photographer may, unless otherwise agreed, request to be named as the author of the photograph. Violation of the right to be named entitles the photographer to compensation. The negatives remain with the photographer. The negatives will only be issued to the client if the agreement and remuneration are separately agreed.
7.1 Edition: The edition used in fee calculations basically refers to the printed edition.
7.2 Proof of image: The proof of image sources – copyright note according to section 13 UrhG and agency note in accordance with the general terms and conditions – is generally required on the respective image.
7.3 Rights of third parties: When using images that affect the personal, art copyright, trademark and other rights of third parties, these must be obtained separately by the client.
7.4 Image templates: Physical image templates are only provided on loan and are subject to return. Digital data is n.d. use. Storage with the user requires the separate agreement.
The stated fees refer to the one-time right of use within the defined scope of use. Further uses are to be rewarded in addition.
The fee information is in euros, net without VAT, always based on a single picture.
The rights of use are granted for Germany, unless otherwise stated.
Service costs are not part of the usage fees. They will be charged separately.
Supplements/discounts refer to the current basic fee for the respective use at the time of use. The total amount results in a new basic fee. Should extended or additional usage rights have to be calculated, these must be related to the new basic fee.
7.7 Exclusive rights and blocking periods: Additional charge by agreement.
7.8 Due to increased production costs:
Aerial panorama and underwater photography: 100% surcharge.
Photo model shots: 30% surcharge, from 6 photo models 100% surcharge.
Other exceptional and/or cost-intensive recordings: additional charge by appointment.
The production time is extended by the customer’s request to provide external circumstances such as waiting time/weather/models/… the photographer is entitled to an increased remuneration. This is extrapolated based on the agreed basic price plus additional hours/days/expenses. Example of a time increase: In the case of more than 8 hours in a day, 1/8 of the agreed daily rate is added per additional hour.
7.9 Extended usage rights/additional usage rights:
Usage lifetime extensions are extended usage rights that are requested within the first licensing period.
Repeated imprint in the same output or repeated use in the same production (TV, film, Internet, multimedia, etc.) within the agreed service life: 50% discount on the lower fee.
Simultaneous acquisition of extended usage rights for distribution in additional countries, based on the total circulation:
25% surcharge per country on the subject- and format-related fee.
80% surcharge per continent on the edition and format-related fee.
World rights 120% surcharge on the fee related to circulation and format.
Penalty for unauthorised use: five times the fee; if such a clause is included in the terms and conditions of the image provider (OLG FfM Az 11U 49/96(I/1),(OLG Celle Az 13U 81/96 +13U 139/96).
Failure to provide image source: 100% surcharge.
Figure sizes that are not calculated according to DIN refer to the rate mirror.
The image size of the title (main title image) is format-independent.
Small-format illustrations of the main title image are calculated with a format-related surcharge, as shown.
Images of products containing supplied image motifs will be charged for the promotion of the same product in addition to the agreed scope of use if the reproduction of the product is greater than 1:1.
8. Customer’s obligations to cooperate
The customer must ensure that the photographer has all the information required for the execution of the order in good time (directions, times, special requests, etc.). If the client has not given the photographer any explicit instructions regarding the design of the photographs, complaints regarding the image view as well as the artistic-technical design are excluded. If the client wishes to make changes during or after the recording production, he shall bear the additional costs. The photographer retains the right to remuneration for work that has already been started.
The photographer shall only be liable for the breach of obligations that are not directly related to essential contractual obligations in the event of intent and gross negligence. He is also liable for damages resulting from injury to life, body or health as well as for the violation of essential contractual obligations caused by him or his vicarious agents through culpable breaches of duty. Unless otherwise agreed, the photographer is liable for damages to recording objects, templates, films, displays, layouts, negatives or data only in the event of intent and gross negligence. The photographer carefully preserves the negatives. He is entitled, but not obligated, to destroy negatives he has kept after one year since the termination of the order. Before destruction, he can notify the client and offer him the negatives for purchase. The Contractor shall not be liable for the admissibility of the recordings or your publication under competition law; the same applies to their ability to protect. The client assumes responsibility for the correctness of the image and text and the admissibility of the recordings under competition and trademark law. The client indesbesthetishes the contractor from claims of third parties due to any errors in image, text or sound or any violation of competition or trademark law by the recordings or their use. The contractor is only liable for light resistance and durability of the photographs within the scope of the warranty services provided by the manufacturers of the photographic material. For damages for direct and indirect damages due to fault in contract negotiations, for culpable non-performance of the contract, for culpable delay or for positive breach of claim, we are only liable in the event of intent or gross negligence. In all cases, we are only relieved of the obligation to pay compensation for minor negligence. If the photographer is guilty of gross negligence in the context of contractual relations with commercial customers (Sections 1-7 of the German Commercial Code), our liability is limited to direct damage, liability for indirect damage or Consequential damage is eliminated. For further processing such as the contractor does not guarantee colour fastness and colour binding when further processing has been carried out by third parties.
10. Ancillary obligations
The client assures that he has the right of reproduction and distribution on all documents handed over to the photographer as well as for personal portraits the consent of the persons depicted for publication, reproduction and distribution. Compensation claims of third parties based on the violation of this obligation shall be borne by the client. The client undertakes to make the receiving objects available in good time.
11. Performance disruption, default fee
If the time allocated for the execution of the order is exceeded for reasons for which the photographer is not responsible, the fee of the photographer, if a flat rate has been agreed, shall be increased accordingly. 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 proves that no damage has been caused to the photographer. In the event of intent or negligence on the part of the client, the photographer may also assert claims for damages. Delivery dates for photographs are only binding if they have been expressly confirmed by the photographer. The photographer is only liable for exceeding the time limit in the event of intent and gross negligence.
12. Data protection
Personal data of the client required for business transactions may be stored by the photographer and contracted service providers. The photographer undertakes to keep all information made known to him within the scope of the order confidential. Personal data will not be passed on unless it is required for order processing.
Information that is obtained from us about deliveries and other services shall in any case be provided without obligation, even if it is provided in writing. In the absence of any other written information, information shall in no case be regarded as an assurance of characteristics.
14th. Delivery and notification of defects
14.1. The photographer is entitled to make partial deliveries at any time. The agreed delivery period will be adhered to as far as possible, but it shall only apply approximately, subject to unforeseen events and other obstacles such as force majeure, operational disruptions, etc. The agreed delivery time does not begin until all technical details, including the necessary queries, have been clarified. The delivery period is met if, by the time it expires, a shipping order has been placed with the carrier and the consignee has been notified of readiness for dispatch or a digital download has been provided. Claims for damages of any kind for deliveries that are not in good time are excluded. The photographer shall be released from the obligation to deliver if, by force majeure, in particular by official order, traffic and operational disruptions, standstills, lockouts and lack of raw materials or by any other circumstances, the execution of unreasonably difficult or impossible. It shall continue to be exempt from the obligation to deliver if, during the execution of the order, it is aware of circumstances which give rise to doubts as to the creditworthiness of the buyer. In this case, the Seller is only obliged to deliver if advance payment or provision of sufficient security has been provided. The buyer remains obligated to accept even if the delivery is delayed by the above-mentioned events. The buyer is only entitled to withdraw from the contract due to non-compliance with the delivery period if he has set the photographer a reasonable grace period (at least 8 weeks, calculated from the day of sending the letter of registration) by means of a registered letter.
14.2. Insofar as the customer is a merchant within the meaning of Sections 1-7 of the German Commercial Code (HGB), the customer is obliged to make any complaints of defects (bad and/or other deliveries) immediately, but at the latest within 8 days, unless the law prescribes a shorter period (e.g. B. Section 337, 378 of the German Commercial Code (HGB) to report to us in writing, otherwise he will lose any warranty claims due to the alleged defects. With regard to the obligation of customers who do not have a merchant status, the statutory provisions apply to the notification of defects.
14.3. Customers with merchant status have defects that are defects, even if carefully examined within the period specified in clause 14.2. can not be discovered immediately after discovery, with immediate suspension of any processing, but no later than 3 weeks after receipt of the goods. In any case, we shall be entitled, in the event of a justified notification of defects, to rectification, crediting of the inferior value, delivery of defect-free goods (replacement delivery) or parts free of defects and, in the event of incompleteness, to subsequent delivery. In the event of justified complaints of defects, we must declare ourselves to exercise this right to vote within a reasonable period of time. In the event of failure of the rectification and/or replacement delivery, the customer is entitled to demand a reduction of the remuneration or withdrawal from the contract at his discretion.
The processing of photographs of the photographer and their reproduction and distribution, analogue or digital, requires the prior consent of the photographer. If a new work is created by photo-composing, assembly or other electronic manipulation, this must be[M] marked with it. The authors of the works used and the authors of the new work are co-authors within the meaning of Section 8UrhG. The client is obliged to digitally store and copy photographs of the photographer in such a way that the name of the photographer is electronically linked to the image data. The contracting authority is obliged to carry out this electronic link in such a way that it is maintained in all forms of data transmission, in any reproduction on screens, in all types of projections, in particular in any communication to the public, and the photographer as the author of the images is clearly and unambiguously identifiable.
16. Use and dissemination
The digitization, storage and reproduction of the photographer’s photographs on data carriers of all kinds requires the prior written consent of the photographer. The transfer of rights of use does not include the right to storage and reproduction unless this right has been expressly transferred. The distribution of photographs on the Internet and on intranets, in online databases, in electronic archives intended not only for the internal use of the client, on data carriers is only necessary on the basis of a special agreement between the photographer and the and the client. The transmission of digitised photographs on the Internet and on intranets and on data carriers and devices suitable for communication to the public on screens or for the production of soft and hardcopies requires the prior written consent of the Photographers. If the photographer has provided the client with data carriers, files and data, these may only be changed with the prior consent of the photographer. The risk and costs of transporting data carriers, files and data online and offline lie with the customer; the manner of transmission may be determined by the contractor. For self-promotion, the client grants the photographer a worldwide, objectively and time-limited right of use. The photographer chooses the image. An attribution can be made to the image.
17th. Cancellation, cancellation.
If the client wants to cancel an order that has already been placed, this is possible free of charge up to 3 weeks before the first production day. Cancellation requests received later will result in a cancellation fee equal to 75% of the full order amount. Cancellations received 48 hours or less before the first day of production will result in an 85% cancellation fee.
18th. Final provisions
The place of performance for all obligations arising from the contractual relationship is the registered office of the photographer if the contractual partner is not a consumer. If both parties are merchants, legal entities under public law or a special fund under public law, the registered office of the photographer shall be the place of jurisdiction. The law of the Federal Republic of Germany applies exclusively. The application of private international law or the UN Convention on Contracts for the International Sale of Goods is excluded. Additional or different provisions must be in writing and are otherwise not part of the contract.