General Terms and Conditions

I. General
1. The following General Terms and Conditions apply to all business transactions of the company “Florian Haas Fotografie”. They are deemed to be agreed if they are not immediately contradicted. Special agreements that deviate from the General Terms and Conditions will only be accepted if there is written confirmation.

2. “Photographs” within the meaning of these General Terms and Conditions are all products produced by the photographer, regardless of the technical form or medium in which they were created or exist. (Negatives, slides, paper images, electronic still images in digital form, videos, files, etc.)

II. Contracting party, address
The contracting party for all legal transactions is
Florian Haas Fotografie
Donnersbergerstrasse 18, 80634 Munich
Telephone: +49 151 50 700 673
eMail: info@muencheneventfotograf.de
Website: www.muencheneventfotograf.de
Tax number is 147/165/51041

III. Copyright
1. The photographer is entitled to the copyright to the photographs in accordance with the Copyright Act.
2. The photographs produced by the photographer are generally only intended for the client’s own use.
3. If the photographer transfers rights of use to his works, only the simple right of use is transferred – unless expressly agreed otherwise. Transferring rights of use requires a special agreement.
4. The rights of use are only transferred after the fee has been paid in full to the photographer.
5. The person ordering an image within the meaning of Section 60 of the Copyright Act has no right to reproduce and distribute the photograph if the corresponding rights of use have not been transferred. Section 60 of the Copyright Act is expressly waived.
6. When using the photographs, the photographer can, unless otherwise agreed, demand to be named as the
author of the photograph. A violation of the right to be named entitles the photographer
to compensation. 7. The negatives or original files (raw data) remain with the photographer.

IV. Fees, retention of title
1. A fee is set for the production of the photographs as an hourly rate, daily rate or agreed flat rate; additional costs (travel costs, model fees, expenses, props, laboratory and material costs, studio rental, etc.) are included in a flat rate offer, otherwise they are to be borne by the client.
2. When the contract is concluded, a deposit of 50% is due. With his deposit, the client declares the correctness of the photographer’s order confirmation and thereby confirms once again the binding award of the order.
3. The fee is to be paid within 5 working days of receipt of the invoice, unless another payment deadline is specified. After a reminder, the client is in default. After default occurs, the fee is to be charged interest at 10% p.a. Set-off or the exercise of the right of retention is only permitted against undisputed or legally established claims of the client. Reminder fees and the costs of legal intervention (including out-of-court) are borne by the client.
4. The photographs delivered remain the property of the photographer until the purchase price has been paid in full. Rights are only transferred by arrangement.
5. Complaints regarding the image perception and the artistic-technical design are excluded.
The client is familiar with the photographer’s style. If the client wishes to make changes during or after the recording, he must bear the additional costs. The photographer retains the right to remuneration for work already started.
6. The photographer’s arrival and departure are from Munich. Travel costs are calculated at 0.50 euros per kilometer. If arriving by train or plane and if an overnight stay is required, the actual costs and expenses for the overnight stay will be invoiced (with receipt). A flat rate is also possible by arrangement. If agreed in the contract, the client will provide a room near the shooting location.
7. Food and drinks during the shooting will be provided by the client free of charge. In particular, in the case of half-day or full-day bookings, the photographer or his vicarious agents must be granted appropriate breaks including meals.

8. If the client wishes to make changes during or after the recording production, he must bear the additional costs. The photographer retains the right to remuneration for work that has already begun. For a spontaneous extension of the recording production at the express request of the client, a fee will be charged for the additional hour started, unless another written agreement was made before the start of the order. If the execution of the order is delayed for reasons for which the client is responsible, the photographer can demand an appropriate increase in the fee. In the event of intent or gross negligence on the part of the client, the photographer can also assert claims for damages.

V. Liability
1. The photographer is only liable for himself and his vicarious agents for the breach of duties that are not directly related to essential contractual obligations in the event of intent or gross negligence. He is also liable for damages resulting from injury to life, body or health as well as from the breach of essential contractual obligations that he or his vicarious agents have caused through culpable breaches of duty. The photographer is only liable for damage to objects being photographed, templates, films, displays, layouts, negatives or data – unless otherwise agreed – in the event of intent or gross negligence. In the event of loss or damage to images, negatives or digital media, the obligation to provide compensation is limited to the creation of new images. Further claims are not applicable. Templates or objects handed over must be insured by the client against damage, loss, theft and fire.
2. The photographer keeps the photographs carefully. He is entitled, but not obliged, to destroy negatives he has kept after one month of the end of the order.
3. The photographer is only liable for the lightfastness and durability of the photographs within the scope of the guarantee provided by the manufacturer of the photographic material.
4. The sending and return of films, images and templates is at the client’s expense and risk. The client can determine how and by whom the return is made.
5. In the case of reproductions, reorders and enlargements, color differences may arise compared to the template or the initial images. This is not a defect in the work and a complaint is not justified.

VI. Rights of use/personal rights
1. The client only acquires the simple right of use of the images, unless otherwise agreed. Duplication and distribution to third parties are not permitted without express agreement. Ownership rights are not transferred unless expressly stated in the order.
3. The photographer may also make the images available to third parties. The client agrees to publication and will also inform the people depicted, e.g. employees, guests and obtain their consent that the images can be published. The client assures that in this case he has the consent of the people depicted to publish, reproduce and distribute the images and declares that he himself agrees to this. The client will fully release the photographer from liability for claims for compensation from third parties due to lack of consent.
4. Unless otherwise agreed, any technical changes to the photo data provided (image processing, cropping changes, adding text to the image, etc.) by the client are expressly prohibited.

VII. Customer’s duty to cooperate
The customer must ensure that the photographer has all the information required to carry out the order in a timely manner (situations/facilities on site, directions, special requests, etc.).

VIII. Failure to perform, loss of performance fee

1. If the time allocated for carrying out the order is significantly exceeded for reasons for which the photographer is not responsible, the photographer’s fee will increase proportionately if a flat rate was agreed. If an hourly fee was agreed, the photographer will also receive the agreed hourly or daily rate for the waiting time, unless the client can prove that the photographer has not suffered any damage. If the client acts intentionally or negligently, the photographer can also claim damages.
2. Delivery dates for photographs are only binding if they have been expressly confirmed by the photographer. The photographer is only liable for exceeding the deadline in the event of intent or gross negligence.
3. Cancellations will only be accepted in writing. If the client cancels an order that has already been placed up to 24 hours before the appointment, 50% of the fee must be paid. If the order is cancelled within 24 hours, 100% of the fee must be paid (the deposit will be retained or offset).

IX. Data protection
1. Personal data of the client required for business transactions can be stored. The photographer undertakes to treat all information he becomes aware of in the course of the order as confidential.

X. Digital photography
1. The digitization, storage and reproduction of the photographer’s photographs on data carriers of all kinds requires the photographer’s prior written consent. The author must always be noted.
2. The transfer of usage rights does not include the right to storage and reproduction if this right has not been expressly transferred.
3. Florian Haas Photography uses USB sticks for data delivery that are declared to be flawless within the manufacturer’s guarantee. Florian Haas Photography does not provide compensation for damage caused by transferring data supplied by us to a computer.
4. Photo prints may have slight color and contrast deviations compared to the digital image. This is because the customer’s monitor may have different calibration and color settings. It therefore does not constitute grounds for complaint.

XI. Contractual penalty, compensation for damages
1. In the event of any unauthorized use, reproduction or distribution of the image material for commercial purposes, a contractual penalty of twice the usage fee must be paid for each individual case, but at least €100 per image and individual case. This applies subject to further claims for damages.
2. Payments provided for in Section VI.1 of the General Terms and Conditions do not establish any rights of use.

XII. Final provisions
1. The law of the Federal Republic of Germany applies, even for deliveries abroad.
2. Any ancillary agreements to the contract or to these General Terms and Conditions must be in writing to be valid.
3. The possible invalidity or ineffectiveness of one or more provisions of these General Terms and Conditions does not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with an appropriate, effective provision that comes closest to the intended regulation in economic and legal terms.
4. The place of performance and jurisdiction is the registered office of Florian Haas Fotografie.
The terms and conditions apply from 01.01.2020