General Terms and Conditions

1 Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to consumers within the meaning of Section 13 of the German Civil Code (BGB) and to businesses within the meaning of Section 14 BGB with respect to the provision of services and work performances by MARTIN KOCH PHOTOGRAPHY (hereinafter also referred to as “Photographer” or “Contractor”).

1.2 MARTIN KOCH PHOTOGRAPHY provides photographic services in the following areas:
Wedding Photography: Reportages, portrait photography and documentation covering the wedding day
Event Photography: Photographic coverage of events, celebrations, corporate events, trade fairs and other occasions
Business Photography: Corporate portraits, employee photos, corporate reportages, product and image photography for commercial purposes
These GTC apply equally to all of the aforementioned service areas, unless expressly stated otherwise with reference to a specific area.

1.3 By placing an order, the Client acknowledges the applicability of these Terms and Conditions to the business relationship between the parties. The GTC also apply to all subsequent orders placed by the Client, without requiring any further express incorporation of these GTC.

1.4 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, notwithstanding the foregoing, text form is sufficient for notices or declarations to be made by the Client to the Photographer or to third parties.

1.5 Deviating terms and conditions of the Client shall only be valid insofar as they have been expressly acknowledged in writing by the Photographer. This also applies if the Photographer does not expressly object to the Client’s terms and conditions or delivery terms, or if services are rendered without reservation.

1.6 The prices applicable at the time of booking an order or other service shall apply. Should specific discount or promotional offers be advertised, these are limited in time or quantity.

2 Contract Formation and Subject Matter

2.1 “Photos” 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, photo books, videos, etc.). The Client acknowledges that the image material delivered by the Photographer constitutes copyright-protected photographic works within the meaning of Section 2 (1) No. 5 of the German Copyright Act (UrhG).

2.2 The basis of the contractual relationship is the respective offer submitted by the Photographer, including the associated service descriptions. Unless a different period is specified therein, the offer shall remain valid for a period of two weeks from the date of receipt by the Client.

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.

2.4 The specific subject matter of the commission is determined by the respective offer and the associated service descriptions. For orders in the field of business photography, this includes in particular the agreed number of shots, subjects, locations and the intended use of the image material.

3 Conditions of Service Provision – Photo Production

3.1 For more extensive shoots or productions, the general workflow shall be agreed upon between the parties in advance. If the Client has specific wishes or requirements, these must be communicated to the Photographer in a timely manner. For business productions, briefings, mood boards or shot lists must be submitted in writing in advance.

3.2 The Client shall ensure that the chosen venue or location is available for use on the day of the agreed appointment and that photography or filming is permitted there. The Client is responsible for obtaining the relevant consent, unless otherwise agreed in writing between the parties.

3.3 In the event that the Photographer prepares a cost estimate, it should be noted that this constitutes a non-binding estimate of costs, prepared on the basis of the information and wishes provided by the Client. The actual effort incurred can only be determined and invoiced upon completion of the production.

3.4 In the event that it becomes necessary to engage third parties (e.g. stylists, make-up artists, assistants), the Photographer is entitled to commission such 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 following the photo production are selected by MARTIN KOCH PHOTOGRAPHY. Any individual arrangement deviating from this principle must be agreed upon separately in writing.

3.6 For business productions, the Client may submit a shot list in advance. The Photographer will take this into account where possible, but reserves the right to deviate from individual specifications for creative or technical reasons. There is no entitlement to the execution of each individual shot unless otherwise agreed in writing.

4 Conditions of Service Provision – Provision of Image Material

4.1 All image material constitutes copyright-protected photographic works pursuant to Section 2 (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. through photo compositing, montage, filters, lettering, colour alterations, etc., or through electronic means to create a new copyright-protected work) of the delivered photographs is not permitted unless a separate written agreement exists.

4.3 Any complaints regarding delivered image material must be submitted within 7 days of receipt (in the case of digital images, from the point at which access becomes available). After expiry of this period, the image material shall be deemed to have been received in accordance with the contract and in proper order.

4.4 Complaints relating to the technical execution or artistic design are excluded.

4.5 Analogue image material must be returned promptly after use, and no later than 1 month after use. Alternatively, the images may be purchased from the Photographer. Return shipment must be made with insurance cover. The Client bears the risk of loss or damage to the images until they are received by the Photographer.

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

4.7 The Client receives exclusively edited image material in high resolution JPG format. The quantity is at the Photographer’s discretion and depends on the scope and duration of the respective production. The Photographer carries out a selection of the photographs. Out-of-focus shots, images with closed eyes or duplicate motifs are carefully discarded. The remaining images are digitally processed, meaning that certain parameters are adjusted (brightness, contrast, sharpness, colour balance, etc.).

4.8 Following delivery of the files, the Client is solely responsible for backing up the data. 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 reserves that date exclusively for the Client and is therefore unable to accept further bookings for that day.

5.2 For wedding reportages, a reservation fee of 30% of the total amount becomes due upon receipt of the confirmation email. This fee will be credited against the total in the event of full completion of the commission and will be retained in the event of cancellation. It serves as compensation for the fact that other bookings for that date could not be accepted.
No reservation fee is charged for event photography or business productions. However, the cancellation provisions set out in Sections 5.3 to 5.7 apply without restriction to all types of services.

5.3 Cancellation of a booking is possible free of further charge up to 91 days prior to the agreed date. For wedding reportages, the reservation fee pursuant to Section 5.2 will be retained.

5.4 In the event of cancellation between 90 and 31 days prior to the agreed date, 50% of the agreed fee becomes due.

5.5 In the event of cancellation less than 30 days prior to the agreed date, the full agreed fee becomes due. This applies regardless of the reason for cancellation and regardless of whether the booking relates to a wedding, an event or a business production.

5.6 Should the Client book a replacement date for an equivalent service within the same calendar year, any cancellation fees already paid will be credited in full against the new booking.

5.7 Should a commission be terminated by the Client during its execution, the full fee becomes due.

5.8 Upon conclusion of the contract, the Photographer reserves the agreed deployment period exclusively for the Client and declines further enquiries for that period. A subsequent reduction of the agreed deployment period is therefore not possible. An extension is possible at any time, provided the schedule permits and the Photographer is available.

6 Cancellation by the Photographer – Changes to the Order Workflow

6.1 Should the Photographer be unable to fulfil the commission due to force majeure (e.g. accident, illness), or be unable to deliver images by a previously indicated deadline, the Client waives any claims for damages. The Photographer will endeavour to find a substitute photographer. In the event that the substitute photographer cancels after having accepted the commission, MARTIN KOCH PHOTOGRAPHY shall not be held liable.

6.2 Minor changes to the production workflow or a reasonable relocation of the shooting location do not entitle the Client to a reduction in price or to withdraw from the contract. Should a commission need to be cancelled, any payments already made will be refunded promptly. Further claims are excluded, except in cases of intentional or grossly negligent conduct on the part of MARTIN KOCH PHOTOGRAPHY.

7 Photography at Events/Weddings

7.1 When carrying out photography in the context of events of any kind (weddings, events, corporate functions, etc.), the Photographer draws attention to the fact that the Client (principal, organiser, company) is responsible for ensuring that all persons present are informed that photography or filming will take place at the event. Any person who does not wish to be photographed or filmed must notify the organiser accordingly.

7.2 The Client shall inform the Photographer and ensure that persons who do not wish to be photographed are not visible in group shots or similar.

7.3 Should the Client fail to provide the aforementioned information to the persons present and/or to the Photographer, the Client hereby indemnifies the Photographer against all claims asserted by third parties in connection with any infringement of their personal rights.

7.4 For business productions, the Client shall ensure that all employees and other persons depicted have provided prior written consent to the taking and use of the photographs. The Photographer accepts no liability for missing consents that fall within the Client’s area of responsibility.

7.5 Furthermore, the Client shall clarify in advance whether photography or filming is permitted at the respective venue (hotel, restaurant, company premises, trade fair, church, etc.) and shall obtain the consent of the owner or the relevant authority.

7.6 Should the Client fail to obtain such clarification and the owner or an authorised third party prohibits photography by the Photographer, the Client shall bear the full agreed fee.

7.7 MARTIN KOCH PHOTOGRAPHY shall be the sole professional photographer engaged at weddings and exclusively booked event productions, and shall have priority with regard to the positioning of cameras and equipment over all other private individuals, photographers, videographers and other service providers. For business productions, this applies accordingly to the agreed shooting area and time period.

7.8 The Photographer reserves the right to cease photography in the event that lasers are used by the DJ or the venue. Should the Client insist on the continuation of work despite the continued use of lasers, the Client shall be liable for any resulting damage to the camera sensors of the Photographer and any persons engaged by the Photographer to assist in fulfilling the contract.

8 General Notes for Our Shoots

As a client of MARTIN KOCH PHOTOGRAPHY, we kindly ask you to read and observe the following notes carefully:

8.1 You should arrive at the agreed shooting location no later than 15 minutes before the scheduled appointment. Should you arrive late, this time will be deducted from the shooting 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 productions. For multi-day business productions, the Client is responsible for providing catering for the Photographer, unless otherwise stipulated in the offer.

8.4 Photography, particularly outdoors, always carries a residual risk. The Client is only covered against accidents and rescue operations within the scope of their own personal accident insurance. The Photographer accepts no liability in this regard.

8.5 The Client is obliged to cooperate in the event of service disruptions in accordance with statutory provisions, and to avoid or minimise any resulting damages. In particular, complaints must be brought to the Photographer’s attention without delay. Should the Client culpably fail to report a defect, the Client forfeits any claim to a reduction in the fee.

9 Processing of the Pictures

9.1 Images are generally subject to basic optimisation by the Photographer. Extensive retouching (e.g. alterations to body shape such as slimming of arms or face, reduction of the nose, removal of skin blemishes, or the visual reduction of body weight by several kilograms) represents a significant additional effort, which the Client must commission and remunerate separately.

9.2 For business productions, the Client may commission standardised retouching (e.g. skin retouching for portrait photographs) within the scope of the agreed services. The exact scope must be defined in the offer.

9.3 Following delivery or provision of access to the images, the Client has one opportunity to request changes to the editing.

9.4 The right to raise complaints regarding edited images exists for a period of 7 days. After expiry of this period, the Client shall be deemed to have accepted the images as proper and compliant with the contract.

10 Rights of Use and Copyright

10.1 MARTIN KOCH PHOTOGRAPHY holds the copyright to all photographic works created, in accordance with copyright law.

10.2 Photographs are generally created for the Client’s private use, unless otherwise agreed. The Client is granted a simple, non-transferable, temporally and geographically unrestricted licence to use the images created for them for private purposes. Reproduction, modification and distribution of the photographs is not permitted. Use as a profile picture on social media is permitted, provided that correct attribution of authorship is given.

10.3 In the case of application photographs, submission to potential employers constitutes standard use.

10.4 For business photography, the following applies in deviation from Clause 10.2: The scope of the usage rights granted is determined exclusively by the provisions set out in the offer or in a separate licence agreement. Typical usage rights for business photography include use on the company website, on social media for commercial purposes, in print media, and in internal and external corporate communications, in each case only to the extent expressly agreed. Usage types not expressly agreed upon are not permitted without separate written consent and remuneration.

10.5 Should the Client wish to use photographs commercially that were originally created for private use (e.g. wedding photographs on a company website, for advertising purposes, on flyers or on social media for commercial purposes), this must be agreed separately within the framework of a licence agreement.

10.6 The Photographer grants the Client usage rights to the intellectual property rights in the services provided 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 terms of geography, time and subject matter. Section 31 (5) UrhG applies by analogy 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 outstanding amounts arising from the commission.

10.7 Ownership of the negatives, raw image files and digital data carriers created for the purpose of fulfilling the Client’s commission remains with the Photographer.

10.8 Upon request by the Photographer, the Client is obliged to provide information regarding the extent to which the services have been used.

10.9 In the event of publication, the Client shall credit the Photographer as follows: MARTIN KOCH PHOTOGRAPHY – martinkoch-fotografie.de. The attribution must appear directly adjacent to the image.

10.10 Publication on social media is permitted for private individuals for private purposes only. For companies and commercial clients, the scope of use agreed in the offer applies. Deviations must be agreed separately between the parties.

10.11 MARTIN KOCH PHOTOGRAPHY is entitled to publish the photographic works created by the Photographer for the purpose of self-promotion, including on the internet, and to make the photographs available to third parties insofar as this serves as self-promotion for the Photographer. For business productions, the Client may object in writing to publication for self-promotional purposes; in this case, a corresponding provision must be included in the offer.

10.12 The transfer of rights granted to the Client to third parties, or use for purposes other than those contractually agreed, requires the separate written consent of the Photographer in each individual case.

11 Obligations to Cooperate – Deadlines and Force Majeure

11.1 Delivery dates and deadlines set for MARTIN KOCH PHOTOGRAPHY regarding the handover of images are always non-binding and are only binding if expressly agreed in writing as fixed deadlines in the individual case. The Photographer endeavours to make the images available within 4 weeks. For business productions with agreed delivery deadlines (e.g. for campaign launches or trade fair appearances), alternative deadlines may be agreed in writing.

11.2 Compliance with a deadline or a bindingly agreed time limit by the Photographer is contingent upon the Photographer having received all information, approvals or other contributions to be provided by the Client in a timely manner. If this is not the case, or if the failure to meet a deadline is attributable to circumstances beyond the Photographer’s control, the deadline shall be extended by at least the period during which such circumstances existed.

11.3 The Client undertakes to forward any changes to the agreed workflow (in particular the schedule, location, contact persons and contact details) to the Photographer without delay. The Photographer accepts no liability for any damages arising from incorrect data provided.

11.4 Force majeure, unavoidable circumstances or other unforeseeable, serious and unattributable events that materially impede or temporarily prevent the provision of services entitle the affected party to postpone the fulfilment of the service by the duration of the impediment plus a reasonable lead-in period.

12 Remuneration

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

12.2 The Client is not entitled to exercise a right of retention or to set off against payment claims by MARTIN KOCH PHOTOGRAPHY, unless the counterclaim is undisputed, has been established by a final court judgment, or arises from the same contractual relationship.

13 Invoicing and Retention of Title

13.1 The Photographer shall issue invoices following full or partial completion of the service.

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

13.3 Invoices are due for payment within 14 days. After expiry of the aforementioned period, the Photographer is entitled, without prejudice to any other claims, to charge default interest at the applicable rate pursuant to Section 288 BGB.

14 Assignment of Contract

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

15 Confidentiality

15.1 The contracting parties shall maintain confidentiality with regard to all information that is to be treated as confidential and that comes to their knowledge in the course of the contractual relationship, and shall only disclose such information to third parties with the prior written consent of the other party.

15.2 The Client consents to the storage of their personal data required for the conduct of business. The Photographer undertakes to treat all information that becomes known in the course of the commission as confidential.

15.3 For business productions, the Photographer additionally undertakes not to disclose to third parties any information regarding internal company processes, products, strategies or other confidential business information that becomes accessible during the production, and to use such information exclusively for the purpose of fulfilling the commission.

16 Liability and Limitation Periods

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

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

16.3 Every photographer has their own artistic style. The Client may form an impression of this on the MARTIN KOCH PHOTOGRAPHY website and during preliminary discussions, and may express their own wishes in advance. Artistic and technical decisions rest solely with the Photographer. Should the Client subsequently disagree with the technical and/or artistic execution, this does not constitute a material defect within the meaning of Section 434 BGB or Section 633 BGB.

16.4 The Photographer accepts no liability for the infringement of rights of persons or objects depicted, unless a corresponding Property Release or Model Release is in place.

16.5 The Photographer accepts no liability for claims by third parties against the Client arising from the association of images created by the Photographer with specific texts or contexts. The presentation of images in a particular context is solely the Client’s responsibility.

16.6 Should the Photographer be subject to claims for injunctive relief or damages by third parties in connection with edited images provided by the Client, the Client shall indemnify the Photographer against such liability and reimburse the Photographer for all costs incurred in legal defence. The Photographer’s right to remuneration remains unaffected.

16.7 The Photographer shall only be liable for the loss of data if the conditions for liability are met and the loss could not have been prevented by appropriate data backup measures on the part of the Client.

16.8 The Photographer accepts no liability for the availability or correct functioning of infrastructure, software or internet transmission paths that are outside the Photographer’s area of responsibility.

16.9 All warranty claims by merchants against the Photographer shall become statute-barred after a period of one year, except in cases of intent, provided no shorter statutory limitation period applies.

16.10 All warranty claims by consumers against the Photographer shall become statute-barred after a period of two years, except in cases of intent, provided no shorter statutory limitation period applies.

16.11 The foregoing limitations of liability apply equally to employees or legal representatives of the Photographer as well as to third parties engaged by the Photographer.

17 Storage of Negatives and Liability for Image Quality

17.1 The Photographer is entitled to retain digital raw data for up to 4 years. After this period, the Photographer is entitled to delete such data irreversibly. The Photographer is not obliged to retain a copy of the images to cover potential data loss on the part of the Client. The Client is solely responsible for backing up the data.

17.2 The Photographer’s liability for the lightfastness and material quality of products is limited to the extent of any guarantee offered by the manufacturer.

17.3 In the case of reproductions, reorders and enlargements, colour variations compared to the original or the initial images may occur. This does not constitute a defect in the work and does not give rise to a right of complaint.

18 Right of Withdrawal

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

Withdrawal Notice
(applies exclusively to distance contracts and contracts concluded outside of business premises)

Right of Withdrawal

Where a right of withdrawal exists, 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 Compensation and Contractual Penalties

19.1 In the event of omitted or incorrect attribution of authorship, or incorrect placement of the attribution, the Client is obliged to pay a surcharge of 100% on the agreed licence fee or a customary licence fee to the Photographer.

19.2 Without prejudice to any further claims for damages, the Client shall pay a contractual penalty equal to four times the agreed or customary licence fee for each instance of unauthorised transfer to third parties, publication or use of the image material (i.e. without the written consent of the Photographer).

19.3 For business productions in which usage rights have been agreed for specific purposes, use for purposes not expressly agreed (e.g. transfer to partner companies, use in media or markets not covered by the agreement) shall constitute unauthorised use within the meaning of Clause 19.2.

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: June 2026