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GTC

General Terms and Conditions

  1. GENERAL
    • 1.1 PRODUCTION ORDER
    • 1.2 IMAGE SELECTION
    • 1.3 PROVISION OF FOOD
  2. BOOKING
  3. CANCELLATION / NON-APPEARANCE / RESCHEDULING
    • 3.1 PHOTO SHOOTING
    • 3.2 MINI SHOOTING
  4. FORCE MAJEURE
  5. PAYMENT TERMS / REFUNDS
    • 5.1 WEDDINGS
    • 5.2 PHOTO SHOOTS
    • 5.3 DEFAULT IN PAYMENT
  6. VOUCHERS / SPECIAL OFFERS
  7. ARTISTIC DISCRETION OF THE PHOTOGRAPHER
  8. COMPLAINTS / SECURITY OF IMAGE FILES
  9. USAGE RIGHTS
  10. DATA PROTECTION / DATA SECURITY
  11. JURISDICTION
  12. CONCLUSION

1. GENERAL

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all offers, contracts, orders, and services provided by Dedans Photography (hereinafter referred to as “The Photographer”) in the field of non-commercial photography unless explicitly agreed otherwise in writing. By giving written consent or using a service, the GTC are considered read and accepted.

Wedding dates are only reserved upon receipt of a 20% deposit; written confirmation alone is not considered a binding commitment. Separate contracts are drawn up for weddings.

1.1 PRODUCTION ORDER

Dedans Photography will carefully execute the assigned task and may, if necessary, have it carried out by third parties. If the client does not provide written instructions, the photographer has discretion regarding the execution of the task.

It is the customer’s responsibility to ensure that all necessary persons, objects, and locations are available or accessible for the execution of the task. If the client fails to fulfill this obligation, they are liable for the costs already incurred and third-party costs. Additionally, Dedans Photography is entitled to compensation equal to 50% of the agreed fee for the shooting session. All additional fees, such as photo permits, are to be borne by the client.

If at any time during the assignment, the photographer feels threatened or harassed by the client or third parties associated with the assignment, the photographer reserves the right to cancel the assignment. In this case, the client waives any claims for damages or the transfer of any additional costs to Dedans Photography.

1.2 IMAGE SELECTION

Dedans Photography will provide the selected images for review by the client. RAW files are not provided and will be deleted two weeks after the delivery of all images. The photographer reserves the right to discard shots that do not meet quality standards.

1.3 PROVISION OF FOOD

For bookings of half or full days lasting 4 hours or more, especially for events and weddings, the photographer, and by prior arrangement, their assistant, must be provided with food and drinks. A seat must be provided. The booked times are continuous and cannot be divided.

2. BOOKING

By written confirmation (via email, WhatsApp, etc.) of the offer prepared by the photographer, the GTC are considered accepted. Booking the appointment by written confirmation to the photographer is binding, except for weddings (see point 1). Upon request, a written contract can be concluded.

Photo shoots are carried out according to the agreement. No additional persons are allowed beyond the agreement, except for a legal guardian or authorized representative for shoots involving minors.

3. CANCELLATION / NON-APPEARANCE / RESCHEDULING

Appointments are considered fixed and must be canceled or rescheduled no later than 48 hours before the start. For later rescheduling, the photographer reserves the right to charge cancellation fees.

For photo shoots, the following cancellation conditions apply:

Up to 7 days before the appointment: no fees Up to 48 hours

Before the photo shoot: 50% of the booked shoot

No cancellation: 100% of the booked shoot

Replacement dates are allocated at the discretion and availability of the photographer. The customer must make a new booking request.

3.1 PHOTO SHOOTING

Customers must arrive on time for the appointment. In case of delay, the duration will be deducted from the agreed shooting time. An extension is possible for a fee per 30-minute time block. Delays of more than 30 minutes are considered non-appearance and will be charged at 100%. Cancellations must be made by phone or in writing (email only).

The shoot is carried out according to the agreement. No additional persons are allowed (see point 2).

For family shoots, the communicated price is for families in the same household with a maximum of 6 people. An additional fee of EUR 50 per person will be charged for extra individuals. The images will only be released after full payment.

If the client wishes to use a specific location for the shoot, they are responsible for obtaining necessary permits and bear associated costs.

Separate conditions apply for weddings, as specified in the contract between the couple and the photographer.

3.2 MINI SHOOTING

For mini shoots, a fixed appointment is assigned to the client. They must be on-site at least 10 minutes before the appointment and ready for the shoot. An extension is not possible. The client should be aware that multiple customers may be on-site simultaneously. Dedans Photography is not liable for damages caused by third parties and cannot be held responsible for third-party actions.

If customers arrive late, Dedans Photography is not obliged to carry out the assignment. The lost time expires and cannot be made up. In case of non-appearance without written or telephone cancellation at least 24 hours before the appointment, 100% of the amount will be charged.

4. FORCE MAJEURE

If the photographer is unable to fulfill the assignment due to force majeure (e.g., accident, illness, family bereavement, or other serious reasons), the photographer waives the claim for the agreed costs. Services already provided will be invoiced. Dedans Photography cannot be held legally liable.

Upon the customer’s request, a replacement date will be arranged. The client waives any claims for damages or the transfer of any additional costs to Dedans Photography.

5. PAYMENT TERMS / REFUNDS

All costs and expenses necessary for the execution of the assignment (e.g., model costs, travel expenses, meals, etc.) are borne by the client.

The fee must be paid in full, even if the commissioned and delivered images are not used. The images remain the property of Dedans Photography until full payment is received and will only be released after payment is made.

By downloading digital products or receiving physical products, the buyer’s right of withdrawal is void. Upon download, the product is considered accepted, and there is no entitlement to a refund. The customer is obligated to pay the entire fee.

Dedans Photography reserves the right to change prices at any time.

5.1 WEDDINGS

The bridal couple must pay a 20% deposit of the reportage fee. This deposit serves as a reservation fee and is non-refundable or transferable to other products or services from Dedans Photography. If the deposit is not received on time, the photographer is not obliged to carry out the assignment. The remaining 80% and any additional costs must be paid within 7 days after the wedding. A final invoice will be issued. Further agreements are recorded in a separate contract.

5.2 PHOTO SHOOTS

Payment must be made within 10 working days via online transfer. A final invoice will be issued.

5.3 DEFAULT IN PAYMENT

The client is in default if due amounts or invoices are not settled no later than 30 days after receipt of the invoice (via email or a similar payment request).

After a reminder (justified from the 15th day), the client is in default.

The client bears the costs for reminders amounting to EUR 10 for the first reminder and EUR 20 for the second (last) reminder. Costs for engaging a debt collection agency, a lawyer, and the court, as well as other costs, are borne by the client.

6. VOUCHERS / SPECIAL OFFERS

Vouchers issued by Dedans Photography are valid for 2 years from the date of issue. Only value vouchers are issued. The price at the time of voucher redemption applies. Any differences will be invoiced to the redeemer or, by agreement, to the client.

7. ARTISTIC DISCRETION OF THE PHOTOGRAPHER

The images are subject to the artistic discretion of Dedans Photography. Complaints or objections regarding artistic discretion, the location of the shoot, or the use of optical and technical means are excluded. There is no entitlement to specific motifs. The images are individually processed; extensive retouching is not included and must be remunerated separately.

Subsequent change requests require a separate agreement and will be remunerated separately.

8. COMPLAINTS / SECURITY OF IMAGE FILES

The client is obliged to immediately check the delivered products and services for completeness and correctness upon receipt.

Any damages or complaints regarding the content, quality, or condition of the images or goods must be communicated in writing within 7 days of receipt; otherwise, the image material or goods are deemed approved.

Upon receipt of the images, the client alone is responsible for the proper storage and security of the files. It is recommended to back up the image files on at least one additional data carrier. Dedans Photography stores the submitted photos for 1 year after the photo session, during which time, disks and individual photos can be reordered for a fee.

9. USAGE RIGHTS

The photographer grants the client a non-exclusive, non-transferable, and perpetual private usage right. This includes solely private, non-commercial use. For any other use, the photographer’s prior written consent is required. Usage rights transfer to the client only after full payment of the agreed fee.

For unauthorized use, alteration, reproduction, or dissemination of the images without the photographer’s consent, a penalty of double the usage fee is payable for each case, subject to further claims for damages. The client must ensure that recipients are informed about their usage rights when privately sharing the images. Commercial distribution to third parties is prohibited or requires the photographer’s written consent.

The client must always credit the photographer as the author and, where possible, provide a link (“Dedans Photography”). In the absence or an incomplete indication or unidentifiable copyright notice, a fee equal to 100% of the usage fee is payable as damages.

Alterations to the image material through analog or digital compositing, filters, cropping, etc., are only permitted with the photographer’s prior written consent. A separate written agreement is made for commercial usage rights.

The photographer is entitled to use selected images from the photo reportage for advertising purposes (print, social media, internet, etc.) and to participate in photo competitions. By confirming the GTC, the client agrees to the created material being published on the photographer’s website and used for advertising purposes.

10. DATA PROTECTION / DATA SECURITY

The photographer undertakes to publish image material, if necessary, with the written consent of the persons depicted.

For events or weddings, the client must obtain consent from the present individuals depicted or their legal guardians and is solely responsible for this. Customer addresses are used exclusively for processing the photo order and are not passed on to third parties.

11. JURISDICTION

Jurisdiction for all disputes arising from the contractual relationship between the client and Dedans Photography is the photographer’s place of residence.

12. CONCLUSION

Contracts with Dedans Photography are subject to German law, excluding international private law and the UN Convention on Contracts for the International Sale of Goods. Changes or additions to the GTC require written form. Dedans Photography reserves the right to change or amend the GTC at any time. If individual provisions of these conditions are or become invalid, this shall not affect the validity of the remaining provisions.

These GTC come into effect on March 28, 2024, and replace all previous versions.