General Terms and Conditions

1 Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to consumers as defined in § 13 of the German Civil Code (BGB) and to businesses as defined in § 14 BGB for the provision of services and works by MARTIN KOCH PHOTOGRAPHY (hereinafter also referred to as “Photographer” or “Contractor”).

1.2 By placing an order, the Client acknowledges the applicability of these terms and conditions to the business relationship between the parties. These GTC also apply to all subsequent orders from the Client without requiring their explicit inclusion each time.

1.3 Any provisions deviating from these GTC require a separate written agreement between the parties in each individual case. Insofar as the Client is a consumer, deviating from the foregoing, text form is sufficient for declarations or notices that the Client must submit to the Photographer or third parties.

1.4 Deviating GTC of the Client are only valid to the extent that they have been expressly acknowledged in writing by the Photographer. This also applies if the Photographer does not expressly object to the Client’s GTC or conditions of delivery, or if services are rendered without reservation.

1.5 The prices at the time of booking a shoot or other service shall apply. Discount or promotional offers, where advertised, are limited in time or quantity.

2 Contract Formation and Subject Matter

2.1 “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 exist (e.g., printed images, negatives, data, digital images and albums, photobooks, videos, etc.). The Client acknowledges that the images delivered by the Photographer constitute copyright-protected photographic works within the meaning of § 2 para. 1 no. 5 of the German Copyright Act (UrhG).

2.2 The basis of the contractual relationship is the offer submitted by the Photographer in each case, including the associated service descriptions. Unless a different period is specified in the offer, the offer is valid for a period of two weeks from the date the Client receives it.

2.3 By accepting the offer, the Client accepts the terms contained therein and the applicability of these GTC. Acceptance may also be made by email or verbally.

3 Conditions of Service Provision – Photo Production

3.1 For more extensive shoots or productions, the general course of events will be agreed upon between both parties in advance. If the Client has specific wishes, these must be communicated to the Photographer.

3.2 The Client must ensure that the chosen location or venue is available and that photography/filming is permitted there on the agreed shoot date. The Client is responsible for obtaining the necessary consent, unless otherwise agreed in writing between the parties.

3.3 In the event that the Photographer prepares a cost estimate, please note that this is a non-binding estimate prepared on the basis of the information and requests provided by the Client. The actual expenses incurred can only be determined and invoiced after the shoot has been completed.

3.4 If it is necessary to engage third parties (e.g., stylists, make-up artists, assistants), the Photographer is entitled to commission these third parties on behalf of and in the name of the Client and at the Client’s expense. In this case, NO contract is formed between the Photographer and the third party.

3.5 The images presented to the Client after the photo production are selected by MARTIN KOCH PHOTOGRAPHY. An individual agreement deviating from this principle is not possible.

4 Conditions of Service Provision – Provision of Image Material

4.1 All image material constitutes copyright-protected photographic works pursuant to § 2 para. 1 no. 5 UrhG.

4.2 The image material remains the property of the Photographer. The Client is prohibited from passing the material on to third parties. Any modification or further processing (e.g., photo compositing, montage, Instagram filters, lettering, color alterations, etc., or through electronic means to create a new copyright-protected work) of the delivered photographs is not permitted.

4.3 Any complaints regarding delivered image material must be submitted within 4 days of receipt (for digital images, from the date access becomes possible). After this period, the image material is deemed to have been delivered in accordance with the contract.

4.4 Complaints regarding the technical implementation or artistic design are excluded.

4.5 Analogue image material must be returned promptly after use, and no later than 1 month. Alternatively, the images may be purchased from the Photographer. The return shipment must be insured. The risk of loss or damage to the images is borne by the Client until they are received by the Photographer.

4.6 Digital image data made available solely for the Photographer’s review must be deleted after a one-month period, or the data carrier must be destroyed. Alternatively, the period of use may be extended against payment of an appropriate license fee.

4.7 The Client receives exclusively edited image material in high resolution in JPG format. The quantity is at the Photographer’s discretion and depends on the duration of attendance on the wedding day. The Photographer selects the photographs. For example, blurred shots, photos with closed eyes, or duplicate motifs are carefully curated out. The remaining photographs are digitally processed, meaning certain parameters (brightness, contrast, sharpness, color balance, etc.) are adjusted.

4.8 After the files have been delivered, the Client is responsible for backing up the files. The Client undertakes to test the functionality of the data carrier within 2 days of receipt and to create a backup copy of the data.

5 Cancellation of Bookings Confirmed by the Client

5.1 Once the Client has received a confirmation email from the Photographer, the Photographer holds that date exclusively for the Client and cannot accept any further bookings for that day.

5.2 A reservation fee of 30% of the total amount (fees for wedding reportages) is due for this reservation. The invoice for this amount will be sent to the Client simultaneously with the confirmation email from the Photographer. This reservation fee will be credited toward the total if the entire booking proceeds. The reservation fee will be retained by the Photographer in the event of cancellation, as compensation for the fact that other bookings for that date could not be accepted.

5.3 Cancellation of the shoot is possible without additional costs up to 91 days before the agreed date. The reservation fee will be retained as described above.

5.4 In the event of cancellation from 90 days before the agreed date, 50% of the agreed fee is due.

5.5 In the event of cancellation 21 days before the agreed date, the full amount is due.

5.6 If the Client books a comparable shoot at a later date within the same calendar year, the cancellation fees already paid will be credited toward it.

5.7 If the shoot is discontinued by the Client for any reason, the full fee (shoot fee and usage fee for the images created) is due.

6 Cancellation by the Photographer – Changes to the Shoot Schedule

6.1 If the Photographer is unable to fulfill the assignment due to force majeure (e.g., accident, illness) or is unable to deliver images within a previously specified deadline, the Client waives any claims for damages. The Photographer will endeavor to find a substitute photographer. MARTIN KOCH PHOTOGRAPHY is not liable if a substitute photographer, having accepted the assignment, subsequently cancels.

6.2 Minor changes to the shoot schedule or a reasonable relocation of the shoot venue do not entitle the Client to a price reduction or withdrawal from the contract. If a shoot must be cancelled, any payments already made will be refunded promptly. Further claims are excluded, except in cases of intentional or grossly negligent conduct by MARTIN KOCH PHOTOGRAPHY.

7 Photography at Events/Weddings

7.1 When photographing events, the Photographer draws attention to the fact that it is the Client’s (wedding couple’s, event organizer’s, etc.) responsibility to inform all attending guests that photography and/or filming will take place at the event. Guests who do not wish to be photographed or filmed must inform the organizer accordingly.

7.2 The Client (event organizer) must inform the Photographer and ensure that such persons are not visible in group photographs, etc.

7.3 If the Client fails to provide the aforementioned information to their guests and/or the Photographer, the Client thereby indemnifies the Photographer against all claims brought by third parties regarding violations of their personal rights, etc.

7.4 Furthermore, the Client must clarify in advance whether photography and/or filming is permitted at the respective venue (hotel, restaurant, church, etc.) and must obtain the consent of the owner.

7.5 If the Client fails to make this inquiry and the owner or an authorized third party prohibits photography by the Photographer, the Client is liable for the full agreed fee.

7.6 MARTIN KOCH PHOTOGRAPHY will be the only professional photographer engaged on the event day and shall have priority regarding the positioning of cameras and equipment over all other private individuals, photographers, videographers, and other service providers.

7.7 The Photographer reserves the right to cease photography if lasers are used by the DJ or the venue. Should the Client insist on the Photographer continuing work despite the continued use of lasers, the Client is liable for any resulting damage to the camera sensors of the Photographer and any assistants.

8 General Notes for Our Shoots

As a client of MARTIN KOCH PHOTOGRAPHY, please read the following notes carefully and observe them:

8.1 Please arrive at the agreed shoot location no later than 15 minutes before the scheduled appointment. If you arrive late, this time will be deducted from the shoot duration. The Photographer reserves the right to deviate from this in individual cases.

8.2 The Photographer accepts no liability for valuables brought to the shoot.

8.3 Please remember to bring sufficient refreshments (drinks and a snack) for a break during longer shoots.

8.4 Photo shoots, especially those in outdoor settings, always carry some residual risk. The Client is only insured against accidents and rescue costs under their own personal accident insurance. The Photographer accepts no liability for this.

8.5 The Client is obligated to cooperate within the scope of legal provisions in the event of service disruptions, to avoid or minimize any damages. In particular, any complaints must be brought to the attention of the respective Photographer without delay. If the Client culpably fails to report a defect, they forfeit their right to a reduction in fees. (Example: the location/set-up during the shoot is not to the Client’s liking.)

9 Processing of Photographs Taken

9.1 The images are fundamentally subject to basic optimization by the Photographer. Extensive retouching (e.g., changes to body shape such as slimming arms or face, reducing the nose, removing skin blemishes, smoothing hair, or visually reducing body weight by several kilograms) represents considerable additional effort and must be commissioned and remunerated separately by the Client.

9.2 After the images have been sent or access has been made available, the Client has one opportunity to request changes to the processing.

9.3 The right to file complaints regarding processed images exists for 4 days. After this period, the Client is deemed to have accepted the images as compliant and contractual.

10 Rights of Use and Copyright

10.1 MARTIN KOCH PHOTOGRAPHY holds the copyright to all photographs taken, pursuant to copyright law.

10.2 Photographs are created fundamentally for the Client’s private use. The Client receives a simple, non-transferable, temporally and geographically unlimited license to use the images created for them privately. In the case of application photographs, the submission to third parties is considered standard use. Reproduction, modification, and distribution of the photographs is not permitted. Use as a profile picture on social media is also permitted, provided correct attribution of authorship is included.

10.3 If the Client wishes to use the photographs commercially, e.g., for their company website, for advertising purposes, on flyers, or on social media, this must be agreed separately within the framework of a licensing agreement specifying the purposes for which usage rights are granted.

10.4 The Photographer grants the Client usage rights to the intellectual property rights pertaining to the services rendered by MARTIN KOCH PHOTOGRAPHY exclusively for the specifically agreed use. The scope of such grants of rights is determined exclusively by the contractual agreement and the purpose of the contract in spatial, temporal, and substantive terms. § 31 para. 5 UrhG applies accordingly to all services not protected by copyright. A transfer of rights only takes place to the extent expressly agreed in writing. The Client acquires the contractually agreed rights only upon full payment of all claims arising from the order.

10.5 The Photographer retains ownership of the negatives, the raw image files, and any digital data carriers created for the execution of the Client’s order.

10.6 Upon request by the Photographer, the Client is obligated to provide information about the scope of use of the services.

10.7 In publications, the Client must credit the Photographer as the author as follows: MARTIN KOCH PHOTOGRAPHY – https://martinkoch-fotografie.de. The author credit must appear directly alongside the image. Publication on social media is only permitted for private purposes. Deviations from this principle must be separately agreed between the parties.

10.8 The transfer of rights granted to the Client to third parties, or use for purposes other than those contractually agreed (e.g., sharing with florists or venues), requires separate written consent from the Photographer in each individual case.

11 Obligations to Cooperate – Deadlines and Force Majeure

11.1 Delivery dates and deadlines for the handover of images specified for MARTIN KOCH PHOTOGRAPHY are always subject to change and only binding if expressly agreed in writing as fixed dates in individual cases. The Photographer endeavors to make the images available within 4 weeks.

11.2 Compliance with a deadline or a bindingly agreed deadline by the Photographer presupposes that the Photographer has received all information, approvals, or other contributions to be provided by the Client, including any advance payments due, in good time. If this is not the case, or if non-compliance with a deadline is due to circumstances for which the Photographer is not responsible, the deadline shall be extended by at least the period during which these circumstances existed. The Client undertakes to promptly notify the Photographer of any changes to the wedding (in particular the timeline, location, etc.) and to personal data (mobile phone numbers of the couple and witnesses). The Photographer bears no liability for any damages resulting from incorrect data on file (e.g., late arrival or non-appearance of the Photographer if the wrong location is given).

11.3 Force majeure, unavoidable circumstances, or other unforeseeable, serious, and unforeseeable events that significantly impede or temporarily make it impossible to provide the service entitle the relevant party to postpone the fulfillment of the service for the duration of the impediment and a reasonable start-up period.

12 Remuneration

12.1 Invoicing is based on the fees specified in the respective offer by the Photographer.

12.2 The Client is not entitled to assert a right of retention against the Photographer’s payment claims or to offset them, unless the counterclaims are undisputed or have been established by court judgment. If the Client uses the services rendered by the Photographer to a greater extent than foreseen at the time the contract was concluded, such that the agreed remuneration is disproportionate to the revenues and benefits derived from the use of the services, the Client is obligated, upon request, to consent to an amendment of the contract that grants the Photographer appropriate remuneration given the circumstances.

13 Invoicing and Retention of Title

13.1 The Photographer shall issue invoices after the partial or complete service has been rendered.

13.2 Until full payment of the order, the Photographer retains all ownership rights and usage rights to the work results, products already handed over to the Client, or other services.

13.3 Invoices are due for payment within 14 days. After this period, the Photographer is entitled, without prejudice to other claims, to charge default interest at the rate applicable under § 288 BGB.

14 Assignment of Contract

MARTIN KOCH PHOTOGRAPHY is entitled to engage subcontractors in their own name for the provision of the agreed services or parts thereof, without requiring separate consent from the Client. The Photographer’s liability for the services remains unaffected.

15 Confidentiality

The contracting parties shall maintain confidentiality regarding all information that is to be treated as confidential and that comes to their knowledge in the context of the contractual relationship, and shall only use it vis-à-vis third parties with the prior written consent of the other party. The Client agrees that the personal data required for business transactions will be stored. The Photographer undertakes to treat all information that comes to their knowledge in the context of the order as confidential.

16 Liability and Limitation Periods

16.1 The Photographer’s liability to the Client for damages, except in cases involving injury to body, life, or health, and in cases of breach of material contractual obligations, is limited to intent or gross negligence.

16.2 In all other respects, the Photographer’s liability is limited to typical and foreseeable damages up to the amount of the deposit paid or the invoice total. Reimbursement of foreseeable, typically incurred damages is also limited. Liability for indirect damages is excluded.

16.3 Every photographer has their own artistic style. The Client can form an impression of this on the MARTIN KOCH PHOTOGRAPHY website and during the preliminary consultation, and may express their own wishes in advance. The artistic and technical design is solely the responsibility of the Photographer. If the Client subsequently disagrees with the technical and/or artistic design, this does not constitute a material defect within the meaning of § 434 BGB or § 633 BGB.

16.4 The Photographer is not liable for violations of the rights of persons or objects depicted, unless a corresponding property release exists.

16.5 The Photographer is not liable for third-party claims against the Client arising from the context of images and texts created by the Photographer. The presentation of images in a specific context is the sole responsibility of the Client.

16.6 If the Photographer is held liable by third parties for injunctive relief or damages in connection with edited images provided by the Client, the Client shall indemnify the Photographer from liability and reimburse the Photographer for all expenses incurred in legal defense. The Photographer’s claim to remuneration remains unaffected.

16.7 The Photographer is only liable for loss of data if the conditions for liability exist and the loss could not have been prevented by appropriate data backup measures taken by the Client.

16.8 The Photographer is not liable for the availability or correct functioning of infrastructure, software, or internet transmission routes that are not within the Photographer’s area of responsibility.

16.9 All warranty claims of merchants against the Photographer expire, except in cases of intent, after a period of one year, unless a shorter statutory limitation period applies.

16.10 All warranty claims of consumers against the Photographer expire, except in cases of intent, after a period of two years, unless a shorter statutory limitation period applies.

16.11 The above limitations of liability apply accordingly to employees or legal representatives of the Photographer and to third parties engaged by the Photographer.

17 Storage of Negatives and Liability for Image Quality

17.1 The Photographer may store the digital negatives for up to 4 years. After this period, the Photographer is entitled to delete them irrevocably. However, the Photographer is not obligated to retain a copy of the images in the event of loss by the Client. The Client is responsible for backing up the data.

17.2 The Photographer is only liable for lightfastness and the quality of materials to the extent that the manufacturer offers a corresponding warranty.

17.3 In the case of reproductions, reorders, and enlargements, color differences compared to the original or the initial images may occur. This is not a defect in the work, and no complaint is justified on this basis.

18 Right of Withdrawal

The Client has a right of withdrawal for contracts concluded away from business premises and for distance contracts.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Martin Koch Photography, Am Steinbruch 10, 67685 Weilerbach, email: kontakt@martinkoch-fotografie.de, mobile: 0176-23463550) of your decision to withdraw from this contract by means of an unequivocal statement (e.g., a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, but it is not obligatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a method of delivery other than the least expensive standard delivery method offered by us), without undue delay and no later than fourteen days from the date on which we receive notification of your withdrawal from this contract. We will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged fees for this repayment.

If you have requested that the services commence during the withdrawal period, you shall pay us an appropriate amount corresponding to the proportion of services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal under this contract, in comparison to the total scope of services provided for in the contract.

19 Damages and Contractual Penalties

19.1 For failure to credit authorship, incorrect attribution, or incorrect placement of the attribution, the Client is obligated to pay a surcharge of 100% on the agreed or customary usage fee to the Photographer.

19.2 Without prejudice to further claims for damages, the Client is liable for a contractual penalty equal to four times the agreed or customary usage fee for each instance of unauthorized (without the Photographer’s written consent) transfer to third parties, publication, or use of the image material.

20 Severability Clause, Place of Jurisdiction, and Place of Performance

20.1 If any provision of these GTC is wholly or partially invalid or unenforceable, the validity and enforceability of the other provisions shall not be affected. The invalid or unenforceable provision shall be deemed replaced by a valid or enforceable provision that most closely reflects the purpose of the invalid or unenforceable provision.

20.2 MARTIN KOCH PHOTOGRAPHY does not participate in dispute resolution proceedings before a consumer arbitration board.

20.3 The place of performance is Weilerbach. Insofar as both parties are merchants within the meaning of the German Commercial Code (HGB), the place of jurisdiction for all disputes arising from the contractual relationship between the parties is Düsseldorf.

20.4 The law of the Federal Republic of Germany applies, to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods as incorporated into German law, if: (a) the Client has their habitual residence in Germany, or (b) the Client has their habitual residence in a state that is not a member of the European Union.

20.5 If the Client is a consumer within the meaning of § 13 BGB and has their habitual residence in a member state of the European Union, German law also applies, without prejudice to any mandatory provisions of the state in which the Client has their habitual residence.

20.6 Handwritten amendments and entries within this contract are invalid, except for the place and date of signatures and the signatures themselves.

20.7 No ancillary agreements to the contract exist; any subsequently desired ancillary agreements require text form to be effective.

Version: May 2023