AGB

General Terms and Conditions – GTC

General

The following general terms and conditions (hereinafter referred to as GTC) apply to all orders, offers, deliveries, and services carried out by the photographer/videographer within the scope of photography and videography. The GTC are deemed agreed upon receipt and acceptance of the order confirmation. The photographer/videographer provides services in the field of photography and videography. All deliveries and services are exclusively based on these General Terms and Conditions, which are part of the contracts concluded with the customer for services.

Order Agreement/Appointment Arrangement

A binding order is concluded upon confirmation by the customer (verbally or in writing, e.g., by email, WhatsApp, Messenger, SMS, etc.) at the latest by accepting the service under these GTC. Changes to this order must be in writing and mutually agreed upon. The fee is due after the photo/video shoot and will be invoiced. The photo/video files will only be delivered after full payment of the fee.

Appointment Postponements, Cancellation

If the photo/video shoot does not take place due to circumstances (e.g., bad weather) or if the customer is prevented from attending for important reasons (e.g., illness) and cannot keep the appointment, this must be communicated 24 hours before the agreed appointment. We will then seek a replacement appointment. If the order does not take place for other reasons not attributable to me, or if a cancellation is not made at least 2 weeks before the appointment, I have the right to retain a cancellation fee of 50% of the agreed fee. The decisive factor is the time of receipt of the cancellation and the reason for the written cancellation declaration to me. In case of three timely cancellations, the deposit will be retained on the third cancellation. If the reason for the cancellation of the shoot lies with me, I am obliged to refund the deposit.

The photographer/videographer also has the right to cancel and reschedule the appointment for important, justifiable reasons (e.g., illness, force majeure, unsuitable weather for the shoot, etc.). The customer will be informed by phone, email, SMS, WhatsApp, or Messenger. Further claims for damages are excluded.

Delivery delays caused by incorrect, incomplete, or subsequently changed information do not constitute a delay on the part of the photographer/videographer. Resulting additional costs are borne by the customer.

For orders comprising several units or parts, the photographer is entitled to make partial deliveries or issue partial invoices.

Fees, Prices, Due Date

The fee for the order corresponds to the total amount stated in the offer plus any additional costs. Additional costs (travel expenses, extra hours, other expenses, etc.) as well as additional services not included in the offer are to be borne by the customer and will be billed separately.

Until full payment of the fee, usage rights for the delivered images and ownership rights for other goods remain with the photographer/videographer. Discounts of any form are not transferable, payable, or combinable. If the customer requests changes during or after the recording production, they must bear the additional costs. The photographer/videographer retains the right to remuneration for work already started.

For a spontaneous extension of the recording production at the express request of the customer, a fee will be charged for each started extension hour according to the current price list, unless otherwise agreed in writing before the start of the order. Generally, €200.00 will be charged per extension hour.

If the execution of the order is delayed for reasons attributable to the customer, the photographer/videographer may demand a reasonable increase in the fee at the hourly rate of the current price list for each started extension hour. In cases of intent or gross negligence on the part of the customer, the photographer/videographer may also claim damages.

The photographer/videographer may withdraw from the order or suspend services if it becomes apparent that the customer is not fulfilling their obligations.

The photographer/videographer is entitled to charge the customer a default interest of 5% of the invoice amount (for unpaid amounts) if the customer does not meet their payment obligation within the due date.

Travel Expenses, Other Costs

If the travel to and from the photographer/videographer exceeds the previously agreed scope or no other written agreement has been made, the following travel costs will be charged: €0.50 per kilometer driven. For travel by train or plane and necessary overnight stays, the actual costs and expenses (against receipt) will be billed. The customer has no right to choose a specific means of transportation for travel or a specific hotel for overnight stays. Other costs incurred due to the order, such as parking fees, tolls, and motorway fees, are not included in the fee and are borne by the customer.

Photoshoot, Data Storage, Acceptance

During a shoot, guests of the client or competitors are not allowed to take photographs or film unless otherwise agreed. The customer is informed that pictures are always subject to the artistic design freedom of the photographer/videographer. The customer is familiar with the photographer/videographer's style. Generally, photos are taken with a wide aperture, meaning not all areas in the photo/video are in sharp focus. Photos/videos may also show grain and noise, and there may be color deviations from the actual situation on site. Complaints and/or claims regarding the photographer's artistic design freedom, the location of the shoot, and the optical and technical means used in photography/videography are therefore excluded. Subsequent change requests by the customer require a separate agreement and assignment and are subject to additional charges.

The photographer/videographer is liable for the lightfastness and durability of the photos only within the warranty services of the photo material manufacturers. The photographer/videographer uses hard drives declared as flawless within the manufacturer's warranty for data storage. The photographer is not liable for damages caused by the transmission of delivered data to the customer's computer. In the case of reproductions, reorders, and enlargements, color differences from the original or the first images may occur. This is not a defect in the work, and a complaint is therefore not justified. The photographer/videographer voluntarily stores the digital files for about 3 years from the photo/video shoot. The storage of digital image data is not part of the order. The storage is therefore without guarantee. The photographer/videographer is not obliged to archive the data of the order. The customer is given the opportunity to create backup copies in a suitable form by purchasing the data. Unless otherwise agreed, the photos presented to the customer for acceptance after development are selected by the photographer/videographer. The customer is obligated to accept the performance if it meets the agreed requirements. Upon receipt of the customer's confirmation, the photographer/videographer is obliged to make the service described in the order available to the customer in the agreed form (e.g., sending the download link or photo prints, etc.). The customer may not make changes by another service provider and charge them to the photographer/videographer.

Liability

The photographer/videographer ensures the maintenance of their equipment and is responsible for its operation throughout the photo/video shoot. To this end, the photographer and their team generally always have replacement equipment in case of technical issues. However, the photographer/videographer cannot be held liable if a technical issue occurs during the work, requiring work to be paused to replace the equipment. The photographer/videographer's missed photographic performance due to technical issues is not subject to compensation claims from the customer. Claims for damages against the photographer/videographer for delay, impossibility of performance, breach of statutory and/or contractual ancillary and protective obligations at the time of contract conclusion are excluded, unless the damage was caused by intentional behavior of the photographer/videographer or their agents. The organization, allocation, and execution of orders are carried out with careful planning. However, if special circumstances such as sudden illness (including of family members of the photographer/videographer), traffic accidents, environmental influences, traffic disruptions, etc., prevent the photographer/videographer from appearing at the agreed photo/video appointment, no liability for any resulting damages, losses, or consequences is assumed. In case of the photographer/videographer's inability to attend, they will endeavor to arrange an alternative date.

Every photographer/videographer has their own artistic style. The customer can form an impression of this style in advance through the website, Instagram, and Facebook page of Paul Nitsche, and express their wishes in advance. If the customer is subsequently dissatisfied with the technical and/or artistic design, this does not constitute a defect. The photographer/videographer is not liable for the loss of stored data and digital data. The photographer/videographer is entitled to commission external laboratories, photobook manufacturers, etc., for the desired creation of material such as photo books. Compensation beyond the material value is excluded. The photographer/videographer is not liable for the lightfastness and durability of the photos. Sending and returning material (photos, books, etc.) is at the customer's expense and risk. If a return does not reach the photographer/videographer, they cannot be held liable. Complaints of any kind must be received by the photographer/videographer within 14 days of receiving the photos. After this period, the work is considered contractually compliant and free of defects. In case of reproductions, reorders, and enlargements, color differences from the original or the first images may occur. Color differences can also occur in photo prints and prints of any kind created from a digital file. This is not a defect in the work, and a complaint is therefore not justified.

Delivery dates for photos and videos are only binding if confirmed in writing by the photographer/videographer. The photographer is only liable for delays in delivery in case of intent. For damages of any kind, on the occasion of contract fulfillment, the photographer/videographer is only liable in cases of intent and gross negligence. This does not apply to damages arising from injury to life, body, or health, as well as from the breach of essential contractual obligations, caused by culpable breaches of duty. For damages or loss of digital image/video data, the photographer/videographer is only liable in cases of intent and gross negligence. The liability amount is generally and in any case limited to the paid deposit or invoice amount. Delivery dates for photos and videos are only binding if expressly confirmed by the photographer/videographer. The photographer/videographer is only liable for delays in delivery in case of intent and gross negligence. The risk and cost of transporting data carriers, files, and data online and offline lie with the customer or the supplier. The mode of transmission can be determined by the photographer/videographer unless otherwise agreed in writing.

Photo/Video shoots - especially those in outdoor areas - are never without residual risk. The customer is insured against accidents and rescue within the scope of their own accident insurance.

"Photographs" within the meaning of these GTC are all products created by the photographer, regardless of the technical form or medium in which they were created or are present. The customer acknowledges that the image material delivered by the photographer/videographer is protected by copyright as photographic works within the meaning of Section 2 (1) No. 5 of the Copyright Act. Copyrights are not transferable, and suggestions from the customer or other employees do not constitute joint authorship rights.

The photographer/videographer grants the customer a simple usage right to the photos/videos. This includes private, non-commercial use. Commercial use requires prior approval from the photographer and must be recorded in writing in the contract. Here, the customer may use the optimized file for commercial purposes. However, mentioning in the form of a photo credit or a note in the imprint is desirable. This must be individually agreed upon and recorded in writing in the contract if necessary. If files, photos, drafts, etc. are used by third parties in a different scope (commercially and industrially instead of exclusively privately) than originally intended, the customer/third party is obliged to pay compensation for the additional usage.

Publication of the web-optimized (reduced and watermarked) digital files is possible in the non-commercial/non-competitive area (exceptions require written form), provided the photographer is credited and a functioning link (munich-motion-lab.com) is placed immediately next to the image and/or the photographer/videographer is named (Paul Nitsche).

Any changes, further editing (e.g., by photomontage, composing, or by electronic means to create a new copyrighted work, including cuts and filters from smartphone apps such as Instagram or VSCO, etc.) of the delivered photos/videos require the express consent of the photographer/videographer. The same applies to the transfer of usage rights to third parties, which is generally not permitted for the customer. The transferred usage rights only pass after full payment of the agreed fee. A breach of these provisions entitles the photographer/videographer to demand a contractual penalty. The customer receives only edited image material as print media and/or high resolution in JPG format. The provision of unedited, digital raw data (RAW/JPEG) is excluded.

The photographer/videographer relies on references that they may use for self-promotion on their website. After consultation, the photographer/videographer is granted the right to use a selection of image files to present their own work to potential customers or business partners in various forms. The customer assures in a separate usage agreement in writing that they own the rights of reproduction and distribution for all templates handed over to the photographer/videographer, as well as the consent of the depicted persons for publication, reproduction, and distribution. Claims by third parties based on the violation of these rights are borne by the customer. The customer may expressly object to such use of the recordings by the photographer/videographer at the latest when signing the contract.

Secondary Obligations

The customer assures that they own the rights of reproduction and distribution for all templates handed over to the photographer/videographer, as well as the consent of the depicted persons for publication, reproduction, and distribution. Claims by third parties based on the violation of these rights are borne by the customer.

Data Protection

Personal data of the customer required for business transactions may be stored. The photographer is committed to treating all information known to them during the order confidentially.

Right of Withdrawal, Consequences of Withdrawal

The customer has the right to withdraw from the contract within 7 days without giving reasons. The withdrawal period is 7 days from the day of contract conclusion. The withdrawal must be in writing to munichmotionlab@gmail.com. To meet the withdrawal deadline, it is sufficient for the customer to send the notification of exercising the right of withdrawal before the withdrawal period expires. If the customer withdraws from this contract, the photographer/videographer must refund all payments received from the customer, including delivery costs, without delay and at the latest within 14 days from the day of withdrawal. The customer will be informed of the refund by phone or email. Further claims for damages or reduction claims (e.g., reimbursement of travel, meals, and lodging costs) are excluded.

Payment delays caused by incorrect, incomplete, or subsequently changed information do not constitute a delay by the photographer. Resulting additional costs are borne by the customer. The photographer/videographer uses the same means of payment for the refund that the customer used for the original transaction unless otherwise agreed. The customer will not be charged any fees for this refund.

The customer's right of withdrawal expires prematurely if the contract is fully fulfilled by both parties at the express request of the customer before the customer has exercised their right of withdrawal.

Final Provisions

The law of the Italian state applies, even for deliveries and publications abroad. For all points not regulated in these GTC, the statutory regulations apply. Side agreements to the contract or these GTC must be in writing to be effective. The possible invalidity or ineffectiveness of one or more provisions of these GTC does not affect the validity of the remaining provisions.

Severability Clause

If any provision of this contract is invalid, the validity of the remaining provisions is not affected. The parties agree to replace the invalid provision with a valid provision that comes as close as possible to the invalid provision.