Terms and conditions

These are the terms and conditions of aline lange FOTOGRAFIE for terms of photographer-trades. Bundesanzeiger no. 88, May, 15th 2002

General

• The following terms apply to all orders placed with the photographer. They are considered as agreed upon when they are not immediately contradicted.
• Photographs within the meaning of these terms are all products manufactured by the photographer, were created in whatever technical form or medium in which they are existent. (Negative, Positive Stop, paper pictures, still-video, electronic stills digitized, videos, etc.)

Copyright

• The photographer has the copyright on the photographs in accordance with the Copyright Act.
• The photographs produced by the photographer are generally intended only for the personal use of the client.
• Is the photographer giving the right to use his works is – unless otherwise expressly agreed – each case only the basic right to use transferred. A transfer of rights of use shall be subject to special agreement.
• The use rights only go through after the full payment of the fee to the photographer.
• The purchaser of an image in terms of § 60 of the Copyright Act has no right to reproduce and distribute the photograph, if the according right of use has not been transferred. § 60 Copyright Act is expressly waived.
• With the exploitation of the photographs, the photographer can, if nothing else was agreed, ask to be named as the author of the photograph. A breach of Attribution right entitles the photographer to claim for damages.
• The negatives and digital files remain with the photographer. A withdrawal of the negatives / digital data to the client is only possible by special arrangement.

Remuneration, Retention of title

• For the production of photographs, a fee as an hourly rate, daily rate or agreed lump sum with sales tax is calculated. Additional costs (travel costs, model fees, expenses, props, cost of lab and materials, studio rental, etc.) are carried by the client. For end-users, the photographer has made the final prices including sales tax.
• Outstanding invoices are payable within 7 days without deduction. The client is in default if due invoices are not paid later than 30 (in words: thirty) days after receipt of an invoice or an equivalent request for payment. The photographer reserves the right to the delay after the due date by issuing an bring receives warning at an earlier date.
• Until full payment of the purchase price provided photographs remain the property of the photographer.
• Has the client not given explicit instructions regarding the design of the photographs to the photographer, complaints about the image view and the artistic and technical design are excluded. If the client wishes changes during or after the recording of production, he has to pay the additional costs. The photographer retains the compensation claim for work already under way.

Liability

• For the violation of obligations that are not directly linked to significant contractual obligations, the photographer responsible for himself and his assistants is only liable if intent or gross negligence. It shall also be liable for damages resulting from injury to life, limb or health, and the violation of essential contractual obligations, which he or his assistants have caused by culpable misconduct. For damage to objects, documents, films, displays, layouts, negatives or data, the photographer is liable – if nothing else has been agreed – only for intent and gross negligence.
• The photographer keeps all the information carefully. He is entitled but not obliged, however, to destroy kept negatives/digital files after three years since the end of the contract. Before the destruction, he notifies the client and offers him the negatives/digital files for sale.
• The photographer is responsible for light resistance and durability of the photographs only in the context of the warranty of the manufacturer of the photographic material.
• The sending and returning of movies, pictures and documents is carried out at the expense and risk of the client. The client can determine how and by whom the return takes place.

Accessory obligations

• The client affirms that he has all the reproduction and distribution rights of the documents handed over to the photographer as well as the shown people’s consent of their portraits for publication, duplication and distribution features. Compensation claims by third parties based on the violation of this duty are being borne by the client.
• The client agrees to provide the recording properties in good time and collected immediately after capture. Does the client not collect the recording objects no later than two business days after demand, the photographer is entitled to possibly calculate inventory costs or when blocking its studio space to outsource the objects at the client’s expense. Transportation and storage costs are charged to the customer.

Default or cancellation fee

• Does the photographer leave a number of photographs to choose from to the client, the client has to return the non selected photographs at their own expense and risk within one week of access – if a longer time has not been agreed. For lost or damaged photographs, the photographer may, if it’s not his responsibility of loss or corruption, demand payment.
• Does the photographer leave images from his archive to the client, the client has to return the non selected images within one month after receipt, the selected one’s within one month of use. If the customer is in default of the return, the photographer can charge a blocking charge of 1 (in words: one) Euro per day and picture, unless the customer proves that the damage did not occur or is less than the lump-sum compensation. In case of loss or damage that precludes further use of the images, the photographer can claim compensation. The compensation shall be at least 1000 (in Words: one thousand) Euro for each original and 200 (in words: two hundred) Euro for each duplicate, unless the client proves that the damage did not occur or is less than the lump-sum compensation. The claim for higher damages is reserved to the photographer.
• If the time of the accomplishment of the contract is considerably exceeding, for reasons beyond the reasonable control of the photographer, the charge of the photographer will increase accordingly, if a fixed price was agreed. If a time-based fee has been agreed, the photographer also receives the agreed hourly or daily rate for the waiting time, unless the customer proves that no damage has occurred to the photographer. At intention or negligence of the client, the photographer can also claim damages.
• Delivery dates for photographs will only be binding if they have been explicitly confirmed by the photographer. The photographer is only responsible for exceeding the deadline if intent and gross negligence.

Privacy

• For business connections required personal data of the client can be stored. The photographer commits to keep all known information of the contract confidential.

Digital Photography

• Digitization, storage and reproduction of photographs of the photographers on all types of media require the prior written consent of the photographer.
• The transfer of rights of use do not include the right to store and reproduce, if that right was not expressly transferred.

Image Editing

• The editing of photographs of the photographer, and their reproduction and distribution, analog or digital, requires the prior consent of the photographer. Is a new work resulting from photo composing, mounting or other electronic manipulation, this is to be marked with [M]. The authors of the used works and the author of the new work are co-authors within the meaning of § 8UrhG.
• The client is obliged to store digital photographs of the photographers and copy so that the name will be electronically linked with the photographer and the image data.
• The client is obligated to make such electronic connection so that they in any kind of data transmission, each reproduction on screens, in all types of projections, especially when shown publicly, remain and the photographer as the author of the photograph is clearly and unambiguously identifiable.
• The client ensures that he is entitled to instruct the photographer with the electronic processing of other photographs, if such an order is given. He releases the photographer from all third party claims based on breach of that duty.

Use and dissemination

• The spread of photographs of the photographer on the Internet and intranets, online databases, electronic archives, not only for internal use by the client, on a diskette, CD-ROM or similar media is only permitted in a special agreement between the photographer and the client.
• The transmission of digitized photographs on the Internet and intranets, and on storage media and devices for reproduction on screens or for the production of soft and hard copies, require the prior written consent of the photographer.
• Reproduction and dissemination of workings that have been electronically created by the photographer, require the prior written consent of the Photographer.
• The photographer is not obligated to publish volumes, files and data to the client if it has not been expressly agreed in writing.
• If the client wishes that the photographer provides him with volumes, files and data , it has to be agreed and paid for separately.
• Has the photographer provided disks, files and data to the client, these may only be changed with the prior consent of the photographer.
• Risk and cost of transport of disks, files and data online and offline are resting with the client; the modality of transmission may be determined by the contractor.

Final Provisions

• Performance for all obligations under the contract is the seat of the photographer, if the contractor is not a consumer. If both parties are merchants, legal persons under public law or a public special fund, the headquarters of the photographer is agreed as the venue.

Price list

• All prices include 19% sales tax.