GENERAL TERMS AND CONDITIONS
Saskia Uppenkamp, hereinafter referred to as the photographer.

§ 1 General
All offers, deliveries, orders and the granting of rights of use shall be subject to the Photographer’s General Terms and Conditions in the version valid at the time of the order. Any other terms and conditions of use must be agreed separately.
These General Terms and Conditions shall apply exclusively. Any general terms and conditions of business of the customer which deviate from these General Terms and Conditions of Business shall not be valid unless they are expressly agreed. Otherwise, the photographic material may not be used.

§ 2 Order processing
(1) The type and scope of use shall be stated when the order is placed, but at the latest before use is commenced. In the case of advertising, the product must also be stated.
(2) if the actual use does not correspond to the stated use, a right of use shall be deemed not to have been granted.
(3) If cost estimates are submitted, they shall in principle be non-binding. If a cost estimate is exceeded by more than 15%, this will be communicated as soon as it is foreseeable.
(4) delivery dates shall only be binding if they have been expressly confirmed by the photographer. Liability for exceeding deadlines shall only be accepted in the event of intent or gross negligence. 5.
/5) if third-party services are required, the photographer shall be entitled to acquire them for the customer.

§ 3 Copyright
The customer acknowledges the photographer’s copyright. 2.
2. any use, reproduction or disclosure of the photographic material shall only be permitted on condition that the copyright notice is affixed to the respective image without any doubt. This also expressly applies to advertising, insertions in television programmes and films or other media. 3.
3. analogue photographic material supplied shall always remain the property of the photographer. It shall be made available exclusively on a temporary basis and for the acquisition of rights of use. The same shall apply to digital photographic material.

§ 4 Right of use
1 The photographer shall in principle only transfer a simple right of use for one-time use. Unless otherwise agreed, use on the Internet shall also be limited in time. 2.
(2) Use by third parties shall in all cases require the photographer’s express consent and shall be subject to separate remuneration.
3. the granting of exclusive rights of use, unlimited in terms of time, space or content, shall require the photographer’s express consent and shall be subject to separate remuneration. 4. the storage or reproduction of the photographic material shall be subject to the photographer’s express consent. 
4. storage or reproduction on data carriers shall require the photographer’s express consent and shall be remunerated separately. Anything to the contrary shall only apply if this is necessary for technical processing and administration within the scope of the use granted. 5.
(5) The person ordering a photograph within the meaning of Section 60 UrhG shall have no right to reproduce and distribute the photograph unless the corresponding rights of use have been transferred. § Section 60 UrhG is expressly waived. 6.
6. any editing, alteration or redesign of the photographic material is prohibited without the photographer’s consent.
The photographer is not obliged to hand over data carriers, files and data to the customer unless this has been expressly agreed in writing. The photographer shall not be liable for the existence and/or the possibility of a renewed delivery of the data.
(8) If exclusive rights of use are granted, the photographer shall remain entitled to use the images or have them used within the scope of his own advertising.
(9) The photographer reserves the right to use his images for self-promotion on his website as well as on his social media pages, portfolios, etc. 

§ 5 Fee
(1) Any use of the photographic material shall be subject to a fee.
Until the fee and any expenses have been paid in full, the client shall not acquire any rights of use. 3.
3 The agreed fee shall apply. The fee shall depend on the type and scope of use. If no fee has been agreed, the photographer’s usual fee shall be owed. Alternatively, the fee shall be determined in accordance with the table of the Mittelstandsgemeinschaft Foto-Marketing. The fee shall be exclusive of the applicable value-added tax and any other taxes. 4.
If the scheduled production time is exceeded through no fault of the photographer, the agreed fee shall be increased appropriately in the case of a flat-rate fee. If a time-based fee has been agreed, the photographer shall also receive the agreed hourly or daily rate for the waiting time, unless the customer proves that the photographer has not incurred any loss. 5.
5. incidental expenses (travel expenses, model fees, expenses, props, laboratory and material costs, studio rents, etc.) shall be borne by the customer.
(6) If the customer wishes to make changes during or after the production of the photograph, he shall bear the additional costs. The photographer shall retain the right to remuneration for work already commenced. 7.
(7) If the customer requests design proposals or concepts, these shall be remunerated separately as independent services.
(8) In the event of termination, the photographer shall be entitled to demand the agreed remuneration; however, he shall be entitled to deduct any expenses saved as a result of the termination of the contract or which he acquires or maliciously refrains from acquiring through the use of his labour elsewhere. The Photographer shall be entitled to claim a lump sum of 15% of the agreed total fee, unless the Client proves that the amount due to the Photographer is substantially lower than the lump sum. Irrespective of this, the customer shall reimburse all ancillary costs incurred. 9.
9. the fee is due on delivery of the images. If a production is delivered in parts, the corresponding partial fee shall be due with the respective delivery. In the case of production orders, the photographer shall be entitled to demand payment on account in accordance with the scope of services rendered in each case. 10.
Invoices shall be paid without deduction within the payment period stated in the respective invoice. The customer shall be in default after 30 days at the latest. 11.
11. if the order is cancelled up to 24 hours before the shooting, 50% of the fee and 100% of the third-party costs shall be charged. Less than 24 hours before the start of the shoot, 100% of the costs will be charged. The weather risk shall be borne by the client.

§ 6 Cooperation
If the customer is in default of acceptance or culpably violates other obligations to cooperate, the photographer is entitled to demand compensation for the resulting damage, including any additional expenses. The photographer reserves the right to assert further claims.
2. the customer undertakes to make the photographic objects available in good time and to collect them again immediately after the photograph has been taken. If the customer does not collect the objects to be photographed within two working days at the latest after being requested to do so, the photographer shall be entitled to charge storage costs, if applicable, or to remove the objects from storage at the customer’s expense if his studio rooms are blocked. 3.
3. interest shall be charged on the fee during the period of default. The default interest rate shall be five percentage points per annum above the base interest rate. In the case of legal transactions between entrepreneurs, the interest rate shall be eight percentage points above the base interest rate. 4.
(4) The customer shall have the right to prove that no damage or at least significantly less damage has been incurred in the amount demanded.
(5) The customer warrants that he/she has the right to reproduce and distribute all originals provided to the photographer and, in the case of portraits, that he/she has the consent of the persons depicted for publication, reproduction and distribution. Any claims for compensation by third parties based on a breach of this obligation shall be borne by the customer.

§ 7 Warranty
(1) If the customer has not given the photographer any express instructions regarding the design of the photographs, any complaints regarding the image composition and the artistic and technical design shall be excluded.
2. in principle, the works shall be selected for acceptance by the photographer. If the photographer provides the customer with several works to choose from, the customer shall immediately destroy the works not selected. 3.
3. notifications of defects must be made within 2 weeks of delivery. Otherwise, the services shall be deemed to be in accordance with the contract. 4.
(4) If the customer wishes the photographer to provide him with data carriers, files and data, this shall be agreed and remunerated separately. If the photographer has provided the customer with data carriers, files and data, these may only be changed with the photographer’s prior consent. The customer shall bear the risk and costs of transporting data carriers, files and data online and offline.

§ 8 Limitation of liability
The Photographer shall be liable without limitation for any legal reason in the event of intent or gross negligence, intentional or negligent injury to life, limb or health, on the basis of a guarantee promise and, unless otherwise stipulated in this respect, on the basis of mandatory liability, such as under the Product Liability Act. 2.
If the photographer negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above paragraph. Material contractual obligations are obligations which the contract imposes on the photographer in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the customer may regularly rely on. 3.
3. the photographer’s liability is excluded in all other respects. 4.
4. the above liability provisions shall also apply with regard to the photographer’s liability for his vicarious agents and legal representatives. (5) The photographer shall not be liable for any infringement of the general personal rights of the persons depicted. Anything to the contrary shall only apply if an appropriately signed release form is enclosed. The customer shall also be responsible for acquiring further rights of use, such as for works of art depicted, and for obtaining publication permits. The customer shall be responsible for the text. The same shall apply to the contexts resulting from the specific publication.

§ 9 Contractual penalty, damages
1. in the event of unauthorised use, distortion, passing on of the photographic material or duplication and in the event that the customer has omitted to delete data to be carried out, a minimum fee amounting to five times the agreed, customary usage fee or the usage fee to be determined on the basis of the applicable rates of the Mittelstandsgemeinschaft FotoMarketing shall be due, subject to the assertion of further claims for damages.
2. if the copyright notice is omitted, incompletely reproduced or incorrectly affixed, unless the right of designation has been exceptionally waived, a surcharge of 100% of the agreed or customary usage fee shall be payable.

§ 10 Data protection
The Client’s personal data shall be treated confidentially and in accordance with the statutory data protection regulations. Data will not be passed on without express consent or only within the framework of the necessary processing of the contract, for example to the companies entrusted with the execution of the contract.

§ 11 Applicable law, place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.
If the customer is a merchant, the court at the photographer’s place of business shall have jurisdiction unless an exclusive place of jurisdiction is established for the dispute. This shall also apply if the customer is not domiciled within the European Union.

§ 12 Final Provisions
If any provision of this agreement is or becomes invalid or unenforceable, this shall not affect the remaining provisions of this agreement.