General Terms and Conditions (GTC)

1) General information

The following general terms and conditions of delivery and business apply to all orders, offers, deliveries and services performed by the photographer. They shall be deemed to have been agreed unless you object to them immediately and in writing.

Deviating terms and conditions of the customer shall not be valid unless Olaf Protze (hereinafter referred to as: Photographer) accepts them in writing.

2) Contract/Services

The presentation of the services in particular in brochures, advertisements and on the Internet does not constitute a binding offer from the photographer. A contract is not concluded until the Photographer has confirmed the order in writing or until the Photographer begins to execute the contract. The Photographer reserves the right to reject customer orders in individual cases. Customer orders may be rejected in particular if the order deviates from the requirements specified by the Photographer, if the order is aimed at illegal images or if the Customer is known to be unworthy of credit.

3) Terms of payment

Invoices are due for payment net (without deduction) within 14 days of the invoice date.

4) Fees

4.1 The agreed fee shall apply. If no fee has been agreed upon, it shall be determined according to the current price list according to the homepage.

4.2 Costs and expenses incurred by the order (e.g. material and laboratory costs, model fees, costs for necessary props, travel costs, necessary expenses, etc.) are not included in the fee and shall be borne by the client, unless otherwise agreed.

4.3 Design proposals or concepts commissioned by the customer are independent services which must be remunerated.

4.4 If production dates are agreed for a specific period of time, any time overruns, also due to waiting times etc., shall be charged at an hourly rate of CHF 100.

5) Cancellation

Any cancellation or postponement of agreed production dates must be made in writing. In the event of cancellation or postponement within two weeks prior to the start of production, 50% of the agreed fee shall be payable; in the event of cancellation or postponement within 24 hours prior to the start of production, the entire fee shall be payable.

6) Complaints

6.1 If the Client has not given the Photographer any express instructions regarding the design or the technical quality of the pictures, complaints regarding the interpretation of the pictures and the artistic and technical design are excluded.

6.2 Complaints regarding the content, quality or condition of the photographic material must be made within 48 hours of receipt. Otherwise, the photographic material shall be deemed to have been received in accordance with the regulations and the contract.

7) Copyrights / Rights of use

7.1 The Customer acknowledges that the photographic material supplied by the Photographer is copyright-protected photographic work within the meaning of § 2 (1) No. 5 of the German Copyright Act.

7.2 The Customer shall generally only acquire a non-exclusive right to use the photographic material for the purpose specified by the Customer and exclusive distribution, except for private, non-commercial purposes arising from the circumstances surrounding the placing of the order. Exclusive rights of use, media-related or spatial exclusive rights or blocking periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.

7.3 Any use, exploitation, reproduction, distribution or publication beyond the scope of Section 6.2 is subject to a fee and requires the Photographer's prior express consent.

7.4 The acquisition of rights of use beyond the photographic copyright is the responsibility of the customer. This also includes copyrights for models and objects.

7.5 Changes to the photographic material by means of photo-composing, mounting or electronic aids for the creation of a new copyright-protected work are only permitted with the prior written consent of the photographer. Nor may the photographic material be copied, reproduced, photographed or otherwise used as a motif.

7.6 The customer shall not be entitled to transfer the rights of use granted to him in whole or in part to third parties, including other group or subsidiary companies.

7.7 Any use, reproduction or transfer of the photographic material shall only be permitted if the copyright notice specified by the photographer is affixed in such a way that it can be clearly allocated to the respective picture. The copyright notice shall be in the form "Photo:". In case of publication on the Internet, a link to the photographer's website must be included.

7.8 A complete specimen copy of each publication shall be sent to the Photographer unsolicited and free of charge. Voucher copies may be used by the Photographer for self-promotion

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