General Terms and Conditions
Version: January 2026
1. Applicability of the Terms and Conditions
1.1. General Basis
The production of images and the granting of image licenses is carried out exclusively on the basis of the following terms and conditions. These terms also apply to all future production and license agreements, unless expressly agreed otherwise.
1.2. Deviating Conditions
Terms and conditions of the client that deviate from the following provisions shall not be recognized. Such deviating terms shall not become part of the contract, even if the photographer does not expressly object.
2. Production Orders
2.1. Cost Estimates
Cost estimates provided by the photographer are non-binding. The photographer is required to notify the client of any cost increase only if the total costs are expected to exceed the originally estimated total by more than 15%.
2.2. Rights to Depicted Persons
For images featuring individuals or objects protected by third-party copyrights, property rights, or other rights, the client is obliged to obtain all necessary consents for the production and use of the images.
The client shall indemnify the photographer against claims by third parties arising from a breach of this obligation. The indemnification obligation does not apply if the client proves that they bear no fault.
This provision also applies if the photographer selects the persons or objects to be photographed, provided that the client is informed in sufficient time to obtain the necessary consents or provide alternative persons or objects.
2.3. Use of Third Parties
If the execution of the assignment requires the services of third parties or the conclusion of contracts with third parties, the photographer is authorized to enter into the necessary obligations on behalf of and for the account of the client.
3. Image Acceptance
3.1. Selection of Images
The photographer selects the images to be presented to the client for approval at the completion of the production. Usage rights are granted only for images that the client accepts as compliant and only upon full payment (Clause 9.1).
3.2. Acceptance Deadlines and Notification of Defects
The client must review the delivered images within 7 days of receipt and either confirm acceptance or notify specific defects in writing. If no acceptance or notification of defects is made within this period, the images shall be deemed accepted.
3.3. Handling of Defects
Defects must be reported to the photographer in writing and in detail. The photographer has the right to remedy identified defects within a reasonable period.
A claim for complete rejection of the images exists only in the case of substantial defects that materially affect the intended use.
Defects are considered substantial if they:
materially impair the agreed quality or functionality of the work,
fail to meet essential safety requirements,
cause significant disadvantages to the client that make the use of the work impossible or severely limited.
4. Correction Loops
4.1. Number of Correction Loops
Within the agreed fee, the client is entitled to request one (1) correction loop for the delivered images, unless otherwise agreed in writing. Additional correction loops may be provided for an additional fee.
4.2. Scope of Corrections
Corrections include only minor adjustments such as color correction, lighting adjustments, or retouching. Extensive changes that require redesign or additional editing shall be considered additional services and charged separately.
4.3. Exclusion of Corrections
Corrections resulting from incorrect information or unclear instructions from the client are not included in the agreed correction scope and will also be charged separately.
5. Delivery of Raw Data
5.1. Entitlement to Raw Data
The client has no entitlement to raw data (e.g., RAW files) unless expressly agreed in writing in advance.
5.2. Compensation for Raw Data
Provision of raw data is possible only by separate agreement and is subject to additional remuneration. The amount depends on the individual effort and the intended use of the raw data.
5.3. Usage Rights for Raw Data
If raw data is provided, the photographer remains the copyright holder. The client receives only the contractually agreed usage rights. Any editing or modification of raw data requires the photographer’s prior written consent.
6. Production Fee and Incidental Costs
6.1. Exceeding Shooting Time
If the scheduled shooting time is significantly exceeded for reasons beyond the photographer’s control, any agreed flat fee shall be increased accordingly. If an hourly or daily rate is agreed, the photographer shall be paid for the extended time at the agreed rate.
6.2. Reimbursement of Incidental Costs
In addition to the agreed fee, the client shall reimburse incidental costs incurred by the photographer in connection with the assignment (e.g., film, digital editing, models, travel).
The photographer is entitled to reasonable accommodation of at least 3 stars and second-class train travel with reserved seating (Deutsche Bahn ICE) or equivalent flight class.
6.3. Due Date of Production Fee
The production fee is due upon delivery of the images. If production is delivered in parts, the corresponding partial fee is due upon delivery of each part.
For assignments extending over a longer period, the photographer may request partial payments proportional to work completed.
7. Remuneration and Payment Terms
7.1. Payment Deadlines
Unless otherwise agreed in writing, all invoices are due within 14 days of the invoice date without deduction. All amounts are exclusive of VAT.
7.2. Default Interest
In case of late payment, statutory default interest applies: 9 percentage points above the current ECB base rate for business clients, 5 percentage points above the base rate for consumers. Further claims for default damages remain reserved.
7.3. Reminder Fees
A flat fee of €10.00 will be charged for each reminder after default.
7.4. Advance Payment
The photographer may request an advance payment of 50% of the total fee after contract conclusion. Production begins only after receipt of the advance payment.
7.5. Partial Payments
For assignments exceeding three months, the photographer may request partial payments in line with progress.
7.6. Prohibition of Set-Off
Set-off or retention by the client is only permissible if counterclaims are undisputed or legally established.
8. Requesting Archive Images
8.1. Review and Return of Archive Images
Images requested from the photographer’s archive are provided for review and selection for one month from delivery. If no license agreement is concluded within this period, all media and image files provided must be returned or deleted.
8.2. Usage Rights and Release Declaration
Providing images for review does not transfer any usage rights. Any use requires prior written approval.
8.3. Paid Use and Working Templates
Use of images as working templates, for sketches, layouts, or client presentations constitutes paid usage.
8.4. Processing Fee and Shipping Costs
The photographer may charge a processing fee for compiling selections, based on effort, at least €50. Shipping costs, including special delivery, are reimbursable by the client.
9. Usage Rights and Licensing
9.1. Timing of Usage Rights Transfer
Usage rights are granted only after full acceptance, payment, and reimbursement of all costs.
9.2. Scope of Usage Rights
The client receives a simple, non-transferable usage right for the agreed purpose, scope, and territory. The photographer reserves rights for self-promotion. Ownership remains with the photographer.
9.3. Duration
Unless agreed otherwise, usage rights are granted for 2 years from completion. Further use requires new written agreement and may incur additional costs.
9.4. Geographical Limitations
Unless agreed otherwise, usage is limited to Germany. Use outside requires prior written consent.
9.5. Content Limitations
Images may only be used for the agreed purpose. Other use, especially commercial, advertising, or editorial, requires consent and may incur fees.
9.6. Modifications and Editing
Images may only be used in their edited form. Any change, montage, coloring, or partial publication requires approval. Exception: minor digital retouching to remove unwanted defects.
9.7. Transfer to Third Parties
Transfer of rights to third parties requires written consent.
9.8. Photographer Credit
The photographer must be credited with every publication unless otherwise agreed.
9.9. Further Licensing
Client must ensure third parties comply with these terms. Unauthorized use may trigger contractual penalties (Clause 11.6).
10. Digital Image Processing
10.1. Transfer and Reproduction
Digital images may only be transmitted or reproduced as necessary to exercise usage rights.
10.2. Digital Archiving
Images may only be digitally archived for client’s internal use and duration of rights. Third-party accessible storage requires a separate agreement.
10.3. Linking Photographer Name
The photographer’s name must remain linked to images in all digital transfers, screens, and public displays.
10.4. Prohibition of AI Training and Automated Processing
Images may not be used for AI training or automated processing (e.g., MidJourney, DALL·E, Stable Diffusion, ChatGPT, Google Gemini, Adobe Firefly) without written consent. Client must enforce this restriction with third parties.
11. Liability and Damages
11.1. Liability for Damages
The photographer is liable only for intentional or grossly negligent acts, except for cardinal obligations or injury to life, body, or health, which are always liable.
11.2. Liability for Loss of Image Material
Photographer is not liable for loss unless due to gross negligence or intent. Client must secure and store images.
11.3. Exclusion of Liability for Usage
Photographer is not liable for legal compliance of image usage.
11.4. Limitation Period
Claims expire one year after statutory start, except for intentional/gross negligence or injury to life, body, or health.
11.5. Risk for Image Transmission
Sending/returning images is at client’s risk and expense.
11.6. Contractual Penalty
Unauthorized use incurs a penalty of five times the agreed or usual fee, at least €750 per image. Further claims remain.
12. VAT and Artist Social Security Contributions
No VAT is currently added. Artist social security contributions are added at the statutory rate.
13. Cancellation / Bad Weather
Cancellations up to 60 days before production are free. Afterwards, fees apply (50%/80%/100% depending on timing). Written notice required.
14. Governing Law and Jurisdiction
German law applies. Photographer’s residence is agreed as jurisdiction if client has no general place of jurisdiction in Germany or moves abroad.
15. Data Protection and GDPR
15.1. Compliance
Photographer complies with GDPR and BDSG. Data is used only for contract fulfillment. Disclosure only if necessary or consented.
15.2. Client Consent
Client agrees to storage and processing of images and personal data. Right to access, correct, delete, restrict, or object applies.
15.3. Deletion
Data deleted after contract, unless legally required. Images containing personal data deleted after statutory periods or on request.
15.4. Withdrawal of Consent
Consent may be withdrawn at any time; processing until withdrawal remains legal.
15.5. Privacy Policy
Further info available in photographer’s privacy policy on the website or on request.