General Terms and Conditions

1) ORDER

(1) The image design and artistic-technical design as well as the contractor’s own selection of images remain reserved. There is no binding minimum number of pictures that will be made available to the bridal couple at the end. Irrespective of this, the client respects the photographer’s artistic freedom and individual style. The clients are aware that the work is always characterized by this style. Complaints in this regard are excluded.
(2) Changes to the order during or after the start of production shall entail the invoicing of corresponding additional expenses. Services already commenced shall be remunerated in full as agreed.

2.) REMUNERATION AND PAYMENT

(1) The client undertakes to pay the agreed costs according to the offer.

(2) An appointment reservation fee of €500 must be paid when the contract is signed. This amount is due promptly after conclusion of the contract.

(3) The contract between the two parties is concluded by a signature and is therefore legally valid. The date is reserved for the bridal couple only after the fully completed contract has been sent and confirmed by me. The agreed sum is due immediately after the wedding. The photos will only be made available once payment has been received.

(4) If the order exceeds the agreed time, the photographer is entitled to charge the additional expenditure for the time actually incurred. Each additional hour used will be charged at €300, however, there is a tolerance period of 30 minutes should there be a delay for unforeseeable reasons (e.g. rain).

(5) Travel costs will be charged at €0.50 per kilometer.

(6) From a distance of 180km the costs for accommodation are added.

(7) If the client fails to provide the cooperation required to complete the order, or if the photographer incurs unforeseeable waiting times for reasons for which the client is responsible when accepting the order, the photographer shall be entitled to charge an additional fee in proportion to the additional work involved, even if a fixed price has been agreed.

3.) RIGHTS OF USE AND COPYRIGHT

(1) The photographer shall be entitled to the copyrights to the photographs and photographic works produced by her in accordance with the Copyright Act.
(2) Unless otherwise agreed, the client shall receive a simple, non-transferable right of use for personal, non-commercial use of the photographs and photographic works produced by the photographer. The right of use includes the right of reproduction and distribution for non-commercial purposes.
(3) Any use of the photographs and photographic works in return for payment shall require the photographer’s prior and express consent. The same applies in the case of editing, retouching, alienation or redesign of the photographs and photographic works, including photo composings, montages or other manipulations.
(4) The rights of use shall only be transferred after full payment of the agreed remuneration.
(5) In the case of publications on the Internet and in social networks by the client, a reference to the photographer’s authorship must be placed at least once.
(6) Clients shall only be permitted to reproduce and edit within the meaning of Section 60 UrhG if they have been assigned the necessary rights by the photographer. The application of § 60 UrhG is expressly excluded.
(7) There is no entitlement to the surrender of original files, negatives or other raw files.

4.) ACCEPTANCE / DELIVERY / RESERVATION OF TITLE

(1) The photographer shall deliver the finished wedding pictures in high-resolution JPG format digitally within 4 weeks of the wedding. The client will also receive access to an online gallery with the edited images. The client expressly agrees that all photographs taken at the wedding may be uploaded to the online gallery and stored there.
(2) The photographs and photographic works shall remain the property of the photographer until the purchase price has been paid in full.
(3) The photographer’s services shall be deemed to have been accepted without reservation if the client uses the photographs or photographic works received for the intended purpose without informing the photographer of any defects.
(4) The photographer shall be entitled to indicate her authorship on the photographs and photographic works created by her without the client being entitled to any remuneration for this.

5. CONCLUSION OF CONTRACT / TERMINATION

(1) The contract comes into force and the date is bindingly booked when the client has sent the signed contract to the photographer by e-mail.

(2) If the client cancels/terminates the order for reasons beyond the photographer’s control, the client shall remain obliged to pay the agreed fee to the extent specified below:

(2.1) If notice of termination is given less than 10 months before the start of the wedding, the photographer shall be entitled to 50% of the agreed sum. If notice of termination is given less than six months before the start of the wedding, the photographer shall be entitled to the agreed sum in full. If a postponement is made to the next calendar year, this can only be done in compliance with the annual price adjustments. The photographer is entitled to refuse a postponement.

6. LIABILITY

(1) Sovereign measures, natural disasters, traffic disruptions, disruptions in the supply of energy and raw materials, illness and other cases of force majeure, i.e. extraordinary events for which the photographer is not responsible, release the photographer from the obligation to fulfill the contract for the duration of their effects. In such cases, the photographer is not obliged to pay compensation. In the event of force majeure, the photographer shall immediately inform the client of the occurrence of the hindrance, immediately refund any appointment reservation fee already paid and urgently endeavor to find a replacement photographer. No further claims shall exist.

(2) No liability is assumed if accidents occur during the photo assignment, e.g. action photos (throwing up or similar). The liability is borne exclusively by the client (bridal couple) with whom this contract was concluded.

7. RIGHTS TO YOUR OWN IMAGE/GRANTING OF PUBLICATION RIGHTS

(1) It is important for the photographer to publish pictures of weddings in order to convince other bridal couples of the quality of her work. The clients hereby declare that they agree to the publication of the photographs taken at the wedding by the photographer in both print and digital media to promote the photographer’s services.

(2) The clients shall ensure that all persons whose image is covered by their order agree to their image being photographed. The client shall inform the photographer of any restrictions regarding the use of such photographs before the start of the wedding without being asked.

8. FINAL PROVISIONS

(1) The law of the Federal Republic of Austria shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, unless the protection afforded by mandatory provisions of the law of the country in which the customer, who is a consumer, has his habitual residence is withdrawn.
(2) Should individual provisions of these General Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining clauses.