Terms and Conditions
1. Scope of application
These Terms and Conditions apply to all contracts concluded by Jens Braune (hereinafter referred to as the “Photographer”) with his customers. They govern the provision of photographic services in the areas of event and business photography and also apply if the customer uses their own terms and conditions, unless the Photographer has expressly agreed to them in writing.
2. Description of services
The Photographer provides the creation and editing of photographs for events, trade fairs and business assignments. The type, scope and execution of the services are determined by the respective agreement between the parties.
3. Conclusion of contract
A contract is concluded when the customer accepts a written offer from the Photographer. Changes, additions or ancillary agreements must be made in writing. This may also be done by e-mail.
4. Fees and payment terms
4.1 The agreed remuneration includes the services, licences, incidental costs and third-party costs described in the contract (e.g. travel costs, model fees, expenses, props, laboratory and material costs, studio rental, etc.).
4.2 All prices are subject to statutory VAT.
4.3 Change requests by the customer will result in additional costs.
4.4 The Photographer is entitled to request a deposit of 50% of the fee before work begins. The remaining amount is due after acceptance of the work.
4.5 Invoices must be paid without deduction within 14 days of the invoice date. Thereafter, the customer shall be in default without any further reminder. The default interest rate is 5% p.a. above the base interest rate.
4.6 If no express fee agreement has been made between the Photographer and the customer, the remuneration shall, in case of doubt, be deemed agreed in accordance with the currently valid remuneration rates of the Mittelstandsgemeinschaft Foto-Marketing (MFM). These remuneration rates represent customary industry standards.
5. Withdrawal and cancellation
5.1 If the customer cancels the assignment, the following shall apply:
- Up to 30 days before the date: no costs,
- Up to 21 days before the date: 50% of the fee,
- Up to 14 days before the date: 70% of the fee,
- Less than 7 days before the date: 100% of the fee, plus statutory VAT.
5.2 If the Photographer is unable to carry out the assignment for unforeseeable reasons (e.g. illness), he will endeavour to find an appropriate substitute solution. However, there is no entitlement to a replacement.
5.3 If the customer postpones the date, a flat fee of 20% of the fee plus VAT will be charged.
6. Copyright and rights of use
6.1 Copyright in the photographs created remains with the Photographer. The Photographer shall be credited in the customary industry manner: © Jens Braune del Angel.
6.2 The customer receives a simple right of use for the purpose contractually agreed in the assignment. Any use beyond this requires the Photographer’s prior written consent or a new offer.
6.3 Editing the photographs or transferring rights or photographs to third parties is permitted only with the Photographer’s written consent.
6.4 Unless otherwise agreed in the assignment, the customer has no claim to the delivery of raw files, source files, negatives or data carriers.
6.5 The Photographer is entitled to use the photographs to promote himself and his services.
7. Customer cooperation obligations
7.1 The customer shall ensure that the Photographer has access to the premises and event locations. On-site restrictions (e.g. security requirements) must be communicated in advance.
7.2 The customer is responsible for obtaining all necessary consents from all persons involved for photo shoots and for the use and exploitation of the photographs.
7.3 The customer shall ensure that persons are informed in advance about the planned photography and possible publication.
7.4 The customer shall be liable for any damage incurred by the Photographer as a result of failure to comply with these cooperation obligations.
8. Acceptance and warranty
8.1 The customer is obliged to inspect the services provided by the Photographer (e.g. photographs or other agreed work) within 7 days after delivery.
8.2 Defects or complaints must be reported to the Photographer in writing within this period. If no notification is made, the services shall be deemed accepted.
8.3 If the service provided has material defects, the Photographer shall be entitled, at his discretion, to carry out a free correction or to produce the work again.
8.4 If the correction fails or is disproportionate for the Photographer, the customer may request an appropriate reduction of the fee.
8.5 Defects caused by the customer or third parties (e.g. insufficient cooperation, incorrect information) do not give rise to warranty claims.
8.6 The warranty does not cover subjective matters of taste or deviations from previous samples or examples, provided that the agreed services have essentially been rendered.
9. Liability
9.1 The Photographer shall be liable without limitation for damage caused by intent or gross negligence, as well as for damage arising from injury to life, body or health resulting from a culpable breach of duty by the Photographer or by a legal representative or vicarious agent.
9.2 In the event of slightly negligent breaches of duty, the Photographer shall be liable only if essential contractual obligations (so-called cardinal obligations) are affected. In this case, liability shall be limited to the typically foreseeable damage. Essential contractual obligations are those whose fulfilment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.
9.3 The Photographer assumes no liability for the loss of photographs after delivery to the customer. For damage caused by data loss or technical defects, the Photographer shall be liable only insofar as this was not caused by simple negligence and the customer has taken appropriate data backup measures. In this case, liability is limited to the restoration effort that would have arisen if the customer had properly backed up the data.
9.4 The Photographer shall not be liable for delays or failures attributable to events outside his sphere of influence, such as:
- natural disasters (e.g. storms, floods),
- technical defects that were not foreseeable or could not be avoided despite reasonable precautions (e.g. failure of storage media, camera or equipment damage),
- power outages or internet outages,
- other unforeseeable events such as illness, official measures or strikes.
In such cases, the Photographer shall be entitled to postpone the date or withdraw from the contract without the customer being able to assert claims for damages.
9.5 Otherwise, the Photographer’s liability - regardless of the legal basis - shall be excluded unless mandatory statutory provisions provide for liability.
9.6 The above limitations of liability shall also apply in favour of the Photographer’s legal representatives, employees and vicarious agents.
10. Referral of additional service providers
10.1 At the customer’s request, the Photographer may recommend other service providers, such as videographers, stylists or event planners, or establish contact with them. This is done solely as a non-binding referral service.
10.2 Any contractual relationship regarding the services of these third parties shall be concluded exclusively between the customer and the respective service provider. The Photographer is not a party to this contract and is therefore not liable for the proper provision of services by the referred service provider.
10.3 The customer is responsible for checking the conditions of the respective service provider (e.g. prices, availability, scope of services) and clarifying them directly with that provider.
10.4 The Photographer shall not be liable for damage, delays or other service disruptions caused by commissioned third parties.
11. Data protection
11.1 The Photographer undertakes to use personal data exclusively within the scope of contract processing and to comply with data protection requirements (GDPR).
11.2 The customer shall ensure that the persons concerned are informed about and agree to the use of their data.
12. Place of performance and jurisdiction
12.1 The place of performance for the services is the Photographer’s registered office.
12.2 German law shall apply to disputes.
12.3 If the customer is a merchant, the place of jurisdiction shall be the Photographer’s registered office.
13. Final clause
Should any provision of these Terms and Conditions be invalid, the remaining provisions shall remain valid. Amendments and additions must be made in writing.