1. Applicability of the Terms and Conditions
1.1 The production of images and the granting of image licenses are exclusively based on the following terms and conditions (T&C). These conditions also apply to all future production and licensing contracts, unless expressly agreed otherwise.
1.2 Terms and conditions of the client that deviate from the following conditions are not recognized. Such deviating terms and conditions will also not become part of the contract if the image author does not expressly object to them.
2. Production Orders
2.1 Cost estimates from the image author are non-binding. The image author only needs to notify of cost increases if an exceeding of the originally estimated total costs by more than 15% is to be expected.
2.2 The client may only provide the image author with objects and templates for the shooting that they are entitled to use and that are free from third-party rights. The client must indemnify the image author against any claims from third parties arising from the violation of this obligation.
2.3 If, during the execution of the order, the services of a third party need to be engaged or another contract with third parties must be concluded, the image author is authorized to enter into the corresponding obligations in the name and for the account of the client.
2.4 The image author selects the images that they present to the client for acceptance upon completion of production. Usage rights are only granted for the images that the client accepts contractually.
2.5 Complaints regarding defects must be made in writing and must reach the image author no later than two weeks after delivery of the images. After this period, the images are considered accepted as contractually compliant and free of defects.
3. Production Fees and Additional Costs
3.1 If the time allocated for the shooting is significantly exceeded for reasons not attributable to the image author, the agreed flat fee must be increased accordingly. If an hourly fee is agreed, the image author will receive the agreed hourly or daily rate for the time by which the shooting is extended.
3.2 In addition to the fee owed, the client must reimburse the additional costs incurred by the image author in connection with the execution of the order (e.g., for film material, lab work, photo models, travel).
3.3 The production fee is due upon delivery of the images. If an image production is delivered in parts, the corresponding partial fee is due upon delivery of each part. If the execution of an order extends over a longer period, the image author may request advance payments corresponding to the work performed.
3.4 The usage rights to be transferred are only acquired by the client upon full payment of the fee and reimbursement of all additional costs.
4. Requesting Archive Images
4.1 Images requested by the client from the image author's archive will be made available for viewing and selection for a period of one month from the date of the delivery note. If no licensing contract is concluded within the selection period, they must be returned to the image author upon expiration of the deadline.
4.2 With the provision of images for viewing and selection, no usage rights are transferred. Any use requires prior written approval from the image author.
4.3 The use of images as working templates for sketches or for layout purposes, as well as presentations to clients, already constitutes chargeable use. If slide frames or films are opened, the image author is entitled – subject to further payment claims – to charge a layout fee, even if the images were not ultimately used.
4.4 The image author may charge a processing fee for the compilation of the image selection, which is based on the nature and extent of the effort incurred and amounts to at least 30.00 euros. The client must additionally reimburse shipping costs (packaging, postage), including costs for special shipping methods (taxi, air freight, courier).
4.5 After the selection period (Section 4.1) has expired and in the event of exceeding the return deadline for images used by the client, a blocking fee of 1.25 euros per day and image must be paid until the images are received by the image author, in addition to other costs and fees, unless the delay is not attributable to the client or a different written agreement has been made before the deadline expires.
5. Usage Rights
5.1 The client acquires only the usage rights to the images in the contractually specified scope. Ownership rights are not transferred. Regardless of the extent of the usage rights granted in each case, the image author retains the right to use the images for their own advertising purposes.
5.2 The transfer and granting of the usage rights acquired by the client to third parties, including other editorial offices of a publisher, requires the written consent of the image author.
5.3 The images may only be used in their original form. Any alteration or transformation (e.g., montage, photographic distortion, coloring, etc.) and any modification of the image reproduction (e.g., publication in excerpts) requires the prior approval of the image author. The only exception is the removal of unwanted blurriness or color deficiencies through electronic retouching.
5.4 The image author must be credited as the creator in any publication of the images. The credit must appear with the image.
6. Digital Image Processing
6.1 The digitization of conventional images and the transmission of digital images via data remote transmission or on data carriers is only permitted to the extent that the exercise of the granted usage rights requires this form of reproduction and distribution.
6.2 Image data may only be digitally archived for the client's own purposes and only for the duration of the usage rights. Storing image data in online databases or other digital archives accessible to third parties requires a separate agreement between the image author and the client.
6.3 When digitally capturing the images, the name of the image author must be electronically linked with the image data. The client must also ensure, through appropriate technical measures, that this link remains intact during any data transmission, when transferring image data to other data carriers, during display on a screen, and during any public presentation, allowing the image author to be identified at all times as the creator of the images.
7. Protection of Third-Party Rights
7.1 Unless the image author expressly assures that depicted persons or the holders of rights to the depicted works of visual or applied arts have granted consent for publication, the responsibility for obtaining the necessary consents from third parties or for securing publication permissions from collections, museums, etc., lies with the client.
7.2 The image author assumes no liability for the manner in which their images are used. The client is responsible for ensuring that the manner of use does not infringe on personal rights, copyright, or other rights of third parties.
8. Liability and Damages
8.1 The image author is liable only for damages that they or their agents cause intentionally or through gross negligence. This also applies to damages resulting from a positive breach of contract or an unlawful act.
8.2 The sending and returning of images is at the client's risk and expense.
8.3 If images are lost within the client's risk area or are returned in a condition that excludes further use under normal practices, the client must pay for damages. In this case, the image author is entitled to demand at least 1,000.00 euros in damages for each original and 200.00 euros for each duplicate unless the client proves that no damage occurred or that it is significantly lower than the demanded damage flat rate. The image author's right to claim higher damages remains unaffected.
8.4 In the case of unauthorized use, alteration, transformation, or transfer of an image—whether in conventional or digital form—the image author is entitled to demand a contractual penalty amounting to five times the agreed or, in the absence of an agreement, five times the usual usage fee, but at least 500.00 euros per image and per case. The image author's right to claim further damages remains unaffected.
8.5 If the image author is not credited in a publication of the image (Section 5.4) or if the name of the image author is not permanently linked with the digital image (Section 6.3), the client must pay a contractual penalty amounting to 100% of the agreed or, in the absence of an agreement, the usual usage fee, but at least 200.00 euros per image and per case. The image author's right to claim further damages remains unaffected.
9. Value Added Tax
Value added tax at the respective statutory rate will be added to the fees, charges, and costs to be paid by the client.
10. Legal Validity, Statute, and Jurisdiction
10.1 The invalidity or ineffectiveness of individual provisions of the T&C does not affect the validity of the remaining provisions.
10.2 The law of the Federal Republic of Germany applies.
10.3 In the event that the client has no general jurisdiction in the Federal Republic of Germany or relocates their seat or usual residence abroad after the contract is concluded, the residence of the image author is agreed upon as the place of jurisdiction.