General Terms and Conditions of Delivery and Business (GTC)
1. By placing an order, the client recognizes the terms and conditions. They shall apply within the framework of an ongoing business relationship for all orders, offers, deliveries, and services carried out by us. Subsidiary agreements to contracts or these General Terms and Conditions must be made in writing to be effective. Any deviating terms and conditions of the customer shall not be valid unless the photographer recognizes them in writing.
2. All photographs taken by us are protected works under copyright law. The client acquires the rights to use the images solely for private, non-commercial purposes. Sharing with third parties is permitted only for private use. Any commercial use, reproduction, or public distribution of the photographs requires our prior written consent. If the photographs are published in magazines, newspapers, brochures, or other media, proper credit must be attributed to us. If the copyright notice is missing, incomplete, incorrectly placed, or otherwise unattributable, we reserve the right to charge an additional 100% of the agreed usage fee as a surcharge. Please note that this surcharge does not grant additional usage rights. Copyright imprints or watermarks on our photographs may not be removed or altered without prior permission. In the event of any unauthorized use, such as reproduction or distribution for commercial purposes without our consent, a penalty equal to five times the agreed usage fee may be charged per case (with a minimum of €100.00 per image per case). Further claims for damages may also apply, depending on the extent of the infringement.
3. Changes to our photographs, including but not limited to photo compositing, montages, or alterations using electronic or other means to create new works, are only permitted with the photographer's prior written consent. The photographic material may not be copied, recreated, imitated, or used as a motif in any form without express written permission from the photographer.
4. By placing an order, the customer expressly recognizes our image concept and design. If the customer subsequently requests changes, these will be invoiced separately. Complaints of any kind must be made in writing and received by the photographer at the latest within one calendar week after the work has been handed over to the client. After this period has expired, the work is deemed to have been accepted in accordance with the contract and free of defects.
5. The photographer selects the images, which he submits to the client for acceptance upon completion of the production. Requests to view additional images, including raw or unedited files, are not included in the standard service. However, such requests may be accommodated only if explicitly agreed upon in advance and may incur additional charges. The photographer retains full discretion over the final selection and presentation of images, ensuring the delivered work reflects their professional standards.
6. Final photos will be delivered digitally via WeTransfer or a similar file-sharing service. A download link will be provided to the client after the final payment is received. Images invoiced but not paid for remain our property and are subject to copyright law with regard to any use. The client is responsible for downloading and securely storing the photos within the timeframe specified (2 days). The photographer is not liable for file access after this period. Upon request, files can be delivered via other methods (e.g., USB stick) at an additional cost.
7. The photographer retains the right to use all images created during the photoshoot for portfolio, website, social media, marketing, exhibitions, and promotional purposes unless otherwise agreed in writing. If the client wishes to restrict the use of their images for privacy, confidentiality, or exclusivity reasons, they must notify the photographer in writing before the shoot. Clients may purchase exclusive rights to their images, preventing the photographer from using them for portfolio or marketing purposes. The exclusivity fee will be determined based on the scope of the project and must be agreed upon in advance. Without such an agreement, the photographer maintains the right to showcase the images as part of their portfolio. For commercial and corporate clients, image usage for promotional purposes will be discussed on a case-by-case basis, considering any exclusivity agreements or confidentiality requirements.
8. The storage of files is not part of the order. While we may store files temporarily, we do so without guarantee. We shall treat any originals/items provided by the client with care; however, these must be insured by the client against loss, damage, theft, or fire. Our liability is limited to damages caused by gross negligence or willful misconduct. In the event of loss or damage to images (e.g., due to SD card failure, technical issues, or other unforeseen circumstances) before delivery, our liability is limited to recovering the lost files or, if recovery is not possible, offering a reshoot or a partial refund at our discretion. We are not responsible for recreating the original event or compensating for emotional or intangible losses resulting from the loss of the images.
9. We are not liable for defects that can be traced back to incorrect or imprecise instructions from the customer.
10. Color differences may occur between the original image and reproductions, enlargements, or reorders. These variations are not considered a defect of the work. Therefore, no complaints or claims will be accepted based solely on color discrepancies.
11. The agreed fee applies. If no fee has been agreed upon, it is determined according to the current yasicaptures price list. The fee includes the applicable VAT. If the time allotted for the recording work is exceeded for reasons for which the photographer is not responsible, the photographer will also receive the agreed hourly rate for the time by which the recording work is extended.
12. To confirm a booking, a non-refundable deposit is required. For private clients, a deposit of 20% of the total fee is required at the time of booking. For corporate clients, a deposit of 30% of the total fee is required to confirm the booking, regardless of the project size. The booking is only finalized once the deposit is received, and both parties have confirmed in writing (e.g., via email or signed contract). In exceptional cases, such as long-term partnerships with trusted clients, the deposit requirement may be waived at the photographer's discretion.
13. For private clients, the remaining balance must be paid before the delivery of the final photos. Photos will only be released once full payment has been received. For corporate clients, payment of the remaining balance is due within 14 days of receiving the final invoice. In corporate projects where no deposit is required, the photographer reserves the right to provide watermarked previews of the images for review and approval before delivering the final high-resolution files.
14. The following payment methods are accepted: bank transfer, cash (up to €2,000, in accordance with German regulations), or online payment services such as PayPal.
15. The customer has the right to cancel a shooting appointment. If the customer cancels more than 7 days before the scheduled shoot, only the deposit will be retained, plus any non-refundable expenses. Non-refundable expenses include but are not limited to travel costs, accommodation fees, venue or permit booking fees, and any pre-paid equipment rentals. If the customer cancels within 7 days before the shoot, 50% of the total fee (including the deposit) will be due, plus any non-refundable expenses. If the customer cancels on the day of the shoot or fails to show up, the full fee is payable as compensation for reserved time and lost opportunities, in addition to any non-refundable expenses.
16. If the photographer has to cancel due to unforeseen circumstances, the full deposit will be refunded. The photographer will assist the client in finding a replacement photographer, but any additional costs incurred will not be covered.
17. The customer shall not be entitled to any claims for compensation if a delivery date specified by us is exceeded unless the delay in performance was caused by gross negligence or intent on our part or on the part of one of our suppliers.
18. In case of late payments, statutory interest will apply as per § 288 BGB. Payment reminders will be issued before any further action is taken.
19. Neither party is responsible for cancellations or delays caused by unforeseeable events like natural disasters or government restrictions. Deposits will be refunded, excluding expenses already incurred.
20. The photographer’s place of business in [Essen, Germany] shall be the place of performance and jurisdiction for any disputes arising from this agreement. In cases where the client is based outside of Germany, the parties may mutually agree to resolve the matter in an alternative jurisdiction.