General Terms and Conditions and Right of Withdrawal

§ 1 Scope

1. The following general terms and conditions (AGB) apply to all orders, offers, deliveries, and services carried out by the photographer at Kurt-Photography and/or his agents (assistants/employees), including extensions of the contract as expressly incorporated.

2. Unless otherwise agreed, these AGB also apply to all future orders from the client.

3. The basis for the contract is the respective offer from the photographer, in which all agreed services and compensation are recorded. These offers from the photographer are non-binding and without obligation.

4. If the client wants to object to the AGB, this must be declared in writing within three working days.

5. The contracting parties agree that exclusively the present AGB of Kurt-Photography shall apply. Any business conditions of the clients are not applicable. If the contracting parties have made deviating agreements that have been recorded in writing, these take precedence over the present AGB.

6. “Photos” in the sense of these AGB are all products produced by the photographer, regardless of the technical form or medium in which they were created or exist (this includes, in particular, paper images, canvas images, digitized images on CD/DVD or other storage media, slide positives, negatives, and any image material produced with the respective camera used, etc.).

§ 2 Assignment

1. The client acknowledges that the photographic service agreed upon in the contract does not start only on the day of the wedding. The service begins immediately after the conclusion of the contract, which includes initial planning and preparation activities, including but not limited to phone calls, meetings, and other communications. The customer expressly agrees at the time of signing the contract that these activities are considered an integral part of the photographic service and will be compensated accordingly.

2. The client acknowledges that the photos delivered by the photographer are copyrighted photographic works within the meaning of § 2 paragraph 1 number 5 of the Copyright Act.

3. The client receives exclusively edited image material in high resolution in JPG format. The delivery of unprocessed digital raw data (RAW) is excluded. The storage of the digital image data is not part of the order. The storage is therefore without guarantee. The minimum number is determined by the confirmation of the offer.

4. The client is responsible for ensuring that all information necessary for the execution of the order is available to Kurt-Photography in time.

5. For people shots and shots of objects on which foreign copyright, property rights, or other third-party rights exist, the client is obliged to obtain the necessary consent of the depicted persons and rights holders for the production and use of the images.

6. It cannot be guaranteed that all present guests, e.g., at weddings, will actually be photographed.

7. Complaints concerning the content of the delivered consignment or content, quality, or condition of the image material must be communicated within two weeks after receipt. After the expiry of this period, the pictures are considered accepted in accordance with the contract and free of defects.

§ 3 Copyright and Usage Rights

1. The photographer retains the exclusive copyright to all photos taken in the context of the respective order. Copyrights are not transferable according to copyright law.

2. The contractor transfers a simple right of use to the photos to the client upon first request. This includes exclusively private, non-commercial use.

3. Commercial/business use of the photographic works afterward – in whatever form – by the client himself or by third parties can only take place with the prior written consent of the photographer. This also applies to image files that have been digitally or otherwise altered or alienated by the client or by third parties.

4. If the photographer grants permission for the exploitation of the photos, he may request to be named as the author of the photo. If he exercises this right, the violation of the right to name entitles the photographer to claim damages.

5. For any unauthorized (especially if done without the photographer’s consent and beyond the rights granted to the clients) use, utilization, reproduction, or distribution of the image material for commercial purposes, a contractual penalty of five times the usage fee is to be paid for each individual case. The assertion of further claims for damages by the photographer is expressly reserved.

6. The penalty payments provided for in the transfer of usage rights do not establish any usage rights.

7. Individual deviations of usage and copyright rights and special conditions for contemporary figures must be agreed upon in writing.

8. The publication reserves Kurt-Photography as the image author the right to grant usage rights to the copyright of the photos and pictorial representations to third parties at home and abroad and to exercise ancillary and subsequent rights.

§ 4 Payment Terms and Pricing

1. Price changes for reorders and future orders are subject to change, except for binding orders that are part of the contract.

2. Due invoices are to be paid within 5 working days without deduction. Until full payment of the purchase price, the delivered photos, including any data carriers supplied, remain the property of the photographer. Likewise, all rights to the photos remain with the photographer.

3. Payments are to be made by bank transfer or in cash. The client can only offset against claims of Kurt-Photography if the client’s counterclaim is undisputed or has been legally established.

4. Upon signing the contract, a reservation fee of 30% of the invoice amount is due. Only upon receipt of the fee by Kurt-Photography, the dates mentioned in the contract are considered booked. If the advance payment is not received on time, the photographer is not obligated to carry out the order.

§ 5 Granting Publication Rights

1. By the signature of the clients, they consent to the publication, allowing Kurt-Photography to use the photos for its own advertising purposes and, in particular, to make publications of the photos (e.g., for exhibitions, trade fairs, homepages, blogs, professional magazines for photography or weddings, Instagram and Facebook advertising, etc.). The photographer may also provide the photos to third parties if it serves the photographer’s self-promotion.

2. The clients agree to the publication and will also inform and obtain the consent of the wedding guests that the pictures can be published. The clients assure that they have the consent of the depicted persons for the publication, reproduction, and distribution of the images and agree themselves. For any third-party claims based on the absence of this consent, the clients will fully indemnify the photographer.

3. Kurt-Photography will exercise usual diligence to ensure that neither the bridal couple nor the guests are harmed by the publication of the photos. The photographer is not liable for fulfillment and/or vicarious agents or other third parties used in this context.

4. In all publications, only the first names / fantasy names of the bridal couple will be published.

5. Kurt-Photography waives its right to resell the photos for secondary use in the context of publication rights.

§ 6 Compensation & Invoicing

1. For the production of the photos, a fee is charged as an hourly rate, daily rate, or agreed lump sum, plus any travel expenses.

2. Work or extensions beyond the respective assignment (if not part of an additional option) are billed based on hours worked. Kurt-Photography will provide an hourly invoice upon request.

3. Any travel expenses (mileage allowance, hotel costs, etc.) of the photographer, if not or only partially covered in the wedding package, are billed separately per person.

4. If the time scheduled for carrying out the order is significantly exceeded for reasons not attributable to the photographer or his agents, or if extended at the client’s request, the photographer’s fee increases accordingly if a flat rate based on a timeframe was agreed. If a time-based fee is agreed, the photographer also receives the agreed hourly or daily rate for the waiting time, unless the client proves that the photographer has not incurred any damage. 

§ 7 Liability, Disclaimer, and Transfer of Risk

1. Kurt-Photography is liable for damages of any kind only in cases of intent and gross negligence, both for itself and its agents. This does not apply to damages resulting from injury to life, body, or health or from the breach of essential contractual obligations caused culpably by it or its agents.

2. The photographer assumes no liability for the violation of rights of depicted persons or objects.

3. The photographer is liable for damage to or loss of negatives or digital image data only in cases of intent and gross negligence, up to the value of the respective booked wedding package at most.

4. The photographer is not liable for damages, defects, or losses caused by subcontractors or suppliers who provide their services on their own account.

5. Delivery dates for photos are binding only if they have been expressly confirmed by the photographer. The photographer is liable for exceeding deadlines only in cases of intent and gross negligence.

6. The organization and assignment of bookings and the execution of commissioned work are carried out with the utmost care. However, if the photographer fails to appear at the agreed photo session or meet agreed delivery dates due to circumstances beyond his control (e.g., force majeure, sudden illness, traffic accidents, environmental influences, traffic disruptions, etc.), the clients cannot claim compensation for any resulting damages, consequences, or additional costs. However, the photographer agrees in this case to refund the respective advance payment made by the clients.

7. Should the photographer be unable to attend at short notice due to the aforementioned circumstances of force majeure, and should he be able to do so under these circumstances, he will endeavor to recommend a replacement photographer, if desired by the clients, who will provide his services on his own account. However, this does not establish a claim for a replacement photographer.

8. The photographer is explicitly not liable for any additional costs incurred by hiring a replacement photographer or other third parties.

9. From the moment of proper delivery of the image material, the client is responsible for its proper use.

10. The photographer is liable for the lightfastness and durability of the photos only within the scope of the warranty services of the manufacturers of the photo material. Kurt-Photography is not liable for discolorations in the fold area and on the front and back of photo books and wedding albums.

§ 8 Withdrawal

1. The client has the right to withdraw from this contract up to one month before the wedding date specified in the contract, in accordance with the following provision. The relevant date for the effective declaration of withdrawal is the receipt of a written statement by post to the photographer at the address given above.

2. For the sake of good order, it is pointed out that a withdrawal statement by email does not meet the written form requirement.

3. In the event of a withdrawal statement by the client, a previously agreed reservation fee will be retained and not refunded. The reservation fee is considered compensation for services already provided up to the withdrawal statement and as compensation for any inconvenience caused.

4. If the withdrawal statement is received up to 1 month or less before the booking date, 100% of the price of the respective booked wedding package will be invoiced.

5. Exceptions to this are cases of illness or death leading to the cancellation of the wedding/ceremonies. Verification/proof of the situation is at the discretion of Kurt-Photography.

§ 9 Right of Withdrawal

Right of Withdrawal

The client has the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, the client must inform Kurt-Photography by a clear statement (e.g., a letter sent by post or email) of his decision to withdraw from this contract.

Consequences of Withdrawal

If the client withdraws from the contract, Kurt-Photography shall reimburse all payments received from the client, including delivery costs (except for additional costs resulting from the client choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notification of withdrawal from the contract is received by Kurt-Photography.

Premature Expiration of the Right of Withdrawal

According to § 356 para. 8 BGB, the client waives his right of withdrawal if the service is fully completed on his explicit request before the end of the withdrawal period. By signing the contract, the client agrees that the photographic service begins with planning and preparation and he loses his right of withdrawal with the start of the execution of the service.

§ 10 Exclusivity and Authority

1. The photographer is free regarding the visual conception and the artistic-technical design. Complaints in this regard are excluded. The photographer from Kurt-Photography is the only professional photographer commissioned to photographically accompany the wedding day.

2. The clientsmust ensure that no other photographic service providers are commissioned by the guests or other service providers involved in the wedding. This applies in particular to service providers who offer photography as a free additional service (DJs, videographers, etc.), or wedding photography as an artistic event. Guests are welcome to take snapshots at the wedding as personal memories. However, the day’s reportage and the portrait photos are reserved for the photographer.

3. The photographer has priority regarding the positioning of people, camera, and equipment over all other persons making photo or video recordings. If a videographer or video team is engaged, this must be expressly coordinated with the photographer in advance. If another professional photographer takes pictures of the bridal couple and the company and does not stop these works at the request of the photographer and/or the clients, the photographer is entitled to cancel the photographic accompaniment. In this case, the clients will still pay the services booked according to this contract in full.

§ 11 Final Provisions

1. There are no oral side agreements to the contract at the time of its conclusion, and if desired subsequently, they require written form to be effective.

2. The law of the Federal Republic of Germany shall apply.

3. The place of fulfillment and jurisdiction is the business location of Kurt-Photography unless another jurisdiction is legally prescribed.

4. In the event that the client does not have a place of jurisdiction in the Federal Republic of Germany or relocates his seat or habitual residence abroad after the conclusion of the contract, the business location of Kurt-Photography is agreed upon as the jurisdiction.

5. Should individual provisions of these general terms and conditions be or become legally ineffective, this does not affect the validity of the entire contract. They are then to be interpreted according to good faith or supplemented/replaced by any new legal provisions.

§ 12 Data Protection & Data Collection

1. Data collection, storage, and processing are necessary for the execution of the contract and are based on Article 6 (1) (b) GDPR.

2. The clients agree that the personal data necessary for business transactions and order fulfillment are collected, processed, and stored.

3. Kurt-Photography processes contact and communication data and ensures that personal data is only collected, stored, and processed as far as this is

– necessary for the fulfillment of pre-contractual obligations,

– for contractually agreed performance,

– for the purpose of contract execution,

– to safeguard its own legitimate business interests and is permitted by legal regulations or ordered by the legislator.

4. Kurt-Photography will treat personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties unless this is necessary for the fulfillment of contractual obligations (e.g., online galleries, photo books, prints, etc.) and/or there is a legal obligation to transmit to third parties. The photographer and all employees of external service providers who have access to personal data and/or process it are obliged to treat this data confidentially and in accordance with the applicable data protection laws.

5. The personal (photo) data will be deleted after 10 years, as soon as they are no longer necessary for the purpose of their processing, reordering, rights preservation, and marketing, and as far as there is no legal retention obligation.

6. Free information about all personal data of the client is possible. The clients have the right to information about processed data, correction of incorrect data, deletion, restriction of processing, data portability, and the right to object.

For questions and requests for deletion, correction, or blocking of personal data as well as collection, processing, and use, the client can contact the following address:

Kurt-Photography
Greta u. Enes Kurt
Gemminger-Str. 33
75031 Eppingen
hello@kurt-photography.de

Furthermore, they have the right to lodge a complaint with the supervisory authority.