Introduction
The following General Terms and Conditions (GTC) in the version valid at the time of contract conclusion apply exclusively to all business relationships between the customers and Tanja Gschwend. Tanja Gschwend Photography does not recognize any terms and conditions of the customer that contradict these, unless their validity has been expressly agreed upon by both parties. These terms also apply to future business relationships between the parties, even if they are not explicitly included again in subsequent agreements.
The basis for the business relationship is the respective offer by Tanja Gschwend, which sets out the agreed services and fees. Offers from the photographer are non-binding and subject to change.
„Photos“ and „Videos“ as defined in these GTC refer to all products created by the photographer, regardless of the technical form or medium in which they were created or are available (including, but not limited to, prints, images on canvas, digital images on CD/DVD or other storage media, slides, negatives, and any image material produced with the respective camera used).
Contractual Partner
The contractual partner for all legal transactions is:
Tanja Gschwend – Am Hamannsgarten 45 – 95652 Waldsassen
Phone: 0170-3808334 | Email: info@tanjagschwend.de | Website: www.tanjagschwend.com
Tax number: DE 255 223 30178
Conclusion of Contract
An offer to the client regarding the wedding photography date is considered a reservation and is valid for a maximum of 10 days. To confirm the booking, a deposit or reservation fee is required. Once the payment is received, the booking is deemed fixed and confirmed. The remaining payment is due after the wedding. By booking a date and making a deposit, the customer accepts these General Terms and Conditions.
Usage and Copyright
The photographer retains exclusive copyright for all photos and videos created as part of the respective assignment. Copyrights are non-transferable under copyright law.
The client is granted a simple usage right for the photos, which includes only private, non-commercial use. Any alteration or further editing (e.g., photo compositing, montage, or the use of electronic tools to create a new copyrighted work) of the delivered photos and videos requires the photographer’s explicit consent. The same applies to the transfer of usage rights to third parties, which is generally not permitted for the client.
Commercial or business use of the photos or videos by the client or third parties is only permitted with the prior written consent of the photographer, regardless of the form in which the material is used or modified.
If the photographer permits the use of photos or videos, they may require credit as the author. Violation of this right to credit entitles the photographer to claim damages.
For any unauthorized use, reproduction, or distribution of the material for commercial purposes beyond the agreed rights, a contractual penalty of five times the usage fee will be due for each case. The photographer reserves the right to claim further damages. The penalties associated with the transfer of usage rights do not constitute a grant of rights.
Individual deviations from usage and copyright terms, as well as special conditions for public figures, must be agreed upon in writing.
Assignment
The client acknowledges that the photos and videos provided by the photographer are copyrighted works under Section 2(1)(5) of the German Copyright Act.
The client will receive only edited images and/or video material in high resolution, in JPG or MPEG4 format. The delivery of unedited digital raw files (RAW) is excluded. Storage of digital image data is not part of the assignment and is therefore without guarantee.
The number of photos to be expected is at least 100 per booked hour. Delivery of photos occurs within 4–8 weeks after the assignment date, and for videos within 10-14 weeks, provided digitally via an online gallery in high resolution and without watermarks in JPG or MPEG4 format.
The client must ensure that all necessary information for executing the assignment is provided to the photographer in a timely manner.
For portraits of individuals and images of objects that involve third-party copyrights, ownership rights, or other third-party rights, the client is responsible for obtaining the necessary permissions from the individuals depicted or the rights holders for the production and use of the images.
It cannot be guaranteed that all guests present, for example at weddings, will be photographed. Complaints regarding the content, quality, or condition of the delivered materials must be communicated within two weeks of receipt. After this period, the materials are deemed contractually compliant and free of defects.
Travel to and from assignments begins from 95652 Waldsassen. Travel costs within 100 km of 95652 Waldsassen are included. For distances exceeding 100 km, a flat fee will be determined by Tanja Gschwend. The respective travel expenses will be specified in the offer.
The client must provide food and beverages free of charge for the photographer during the reportage. For half-day or full-day bookings, the photographer must be granted reasonable breaks, including meals.
The selection of photos and video material is left solely to the photographer’s artistic discretion. All selected photos are individually optimized for color, contrast, white balance, brightness, and cropping before being developed as JPGs. Approximately 40% of the images will be in black and white. The photographer retains artistic freedom in the technical editing and composition of the photos. The client is responsible for familiarizing themselves with the photographer’s style (e.g., by viewing galleries on the website tanjagschwend.com).
Publication Option
As a photographer, it is important for me to showcase wedding photos to demonstrate the quality and creativity of my work. I am always grateful when clients agree to allow me to use the photos for self-promotion, including publication on websites, blogs, social networks, or participation in contests.
By agreeing, you as the client confirm that you will inform your wedding guests about this publication. You ensure that the consent of all persons depicted in the photos has been obtained, and you accept responsibility for fulfilling the associated data protection obligations for your guests and other attendees.
Should claims by third parties arise due to the absence of such consent, you, as the client, indemnify me from any liability on first demand. Publication is discussed and agreed upon in advance and is entirely optional.
Fees & Invoicing
A fee is charged for the production of photos and videos, based on an hourly rate, daily rate, or agreed flat rate, plus any travel costs.
Additional work or extensions beyond the agreed services (unless included in a supplementary option) will be billed based on hours worked. Upon request, the photographer will provide a detailed timesheet.
Invoices are due within 14 days without deductions. Until the full payment of the purchase price, all delivered photos and videos, including any CDs/DVDs or other storage media, remain the property of the photographer. All rights to the photos and videos also remain with the photographer. The client agrees to receive invoices via email.
Payments can be made via bank transfer or in cash. The client may only offset claims against the photographer if the counterclaim is undisputed or legally established.
Liability, Disclaimer, and Risk Transfer
The photographer is only liable for damages of any kind in cases of intent or gross negligence. This does not apply to damages resulting from injury to life, body, or health, or the violation of essential contractual obligations caused by the photographer’s negligence.
The photographer assumes no liability for violations of rights concerning depicted persons or objects.
For damages or loss of negatives or digital image data, the photographer is only liable in cases of intent or gross negligence, with the maximum compensation amount equivalent to the value of the booked wedding package.
The organization and scheduling of bookings, as well as the execution of assignments, are conducted with the utmost care. However, if circumstances beyond the photographer’s control (e.g., force majeure, sudden illness, traffic accidents, environmental influences, traffic disruptions, etc.) prevent the photographer from attending the agreed photography session or meeting delivery deadlines, the client cannot claim compensation for any resulting damages, consequences, or additional costs.
In cases of short-term inability due to the aforementioned circumstances, the photographer will, if possible and desired by the client, attempt to recommend a replacement photographer who will operate independently. However, no claim for a replacement photographer arises from this.
The photographer assumes no liability for any additional costs incurred by hiring a replacement photographer or other third parties.
Once the photo and/or video materials are properly delivered, the client assumes responsibility for their proper use.
Exclusivity and Authority
The photographer retains full artistic and technical freedom regarding the composition and creation of the photos. On the wedding day, the photographer is the sole professional hired to document the event photographically.
The photographer has priority regarding the positioning of people, cameras, and equipment over all other individuals taking photos or videos. If a videographer or video team is also hired, this must be explicitly coordinated with the photographer in advance.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without providing a reason. The withdrawal period is fourteen days from the date of contract conclusion. To exercise your right of withdrawal, you must notify us (Tanja Gschwend, Am Hamannsgarten 45, 95652 Waldsassen, info@tanjagschwend.com) of your decision to withdraw via a clear statement (e.g., a letter sent by post or email). You may use the attached withdrawal form template, though it is not mandatory.
To meet the withdrawal deadline, it is sufficient to send the notification before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except additional costs incurred by choosing a delivery method other than the standard one offered by us), promptly and no later than fourteen days from the date we receive your withdrawal notice. The same payment method used for the original transaction will be used for the reimbursement unless explicitly agreed otherwise. No fees will be charged for this reimbursement.
If you requested that services begin during the withdrawal period, you are obligated to pay an appropriate amount corresponding to the proportion of services already provided up to the point of your withdrawal compared to the total scope of services agreed in the contract.
Sample Withdrawal Form
– To [insert the name, address, and, if applicable, the fax number and email address of the entrepreneur]:
– I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ():
– Ordered on ()/received on ():
– Name of consumer(s):
– Address of consumer(s):
– Signature of consumer(s) (only if notification is submitted on paper):
– Date:
(*) Delete as appropriate.
Final Provisions
German law applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). This also applies to activities or publications abroad.
There are no oral side agreements at the time of contract conclusion. Any subsequent agreements require written form to be effective.
Should individual provisions of these General Terms and Conditions be invalid or become invalid, this does not affect the validity of the remaining provisions. They shall be interpreted in good faith or supplemented/replaced by applicable legal provisions.
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