General terms and conditions for photographers

The following terms and conditions apply to all orders, offers, deliveries and services carried out by Michael Nussbaumer, unless there are other contracts (e.g. wedding contract).

1. Applicability of the general terms and conditions

1.1. The Austrian professional photographers only conclude according to these general terms and conditions. By placing the order, the client acknowledges their applicability. Deviating agreements can only be made legally effective in writing. These general terms and conditions take precedence over any terms and conditions of the client or the intermediary.

2. Copyright Regulations

2.1. The photographer is entitled to all copyrights and ancillary copyrights of the photo manufacturer (§§ 1, 2, Paragraph 2, 73ff UrhG). Usage permits (publication rights, etc.) are only deemed to have been granted if expressly agreed. In this case, the contractual partner acquires a simple (non-exclusive and non-exclusive), non-transferable (assignable) license for the expressly agreed purpose and within the agreed limits (number of copies, time and location restrictions, etc.); in case of doubt, the scope of use stated on the invoice or on the delivery note is decisive. In any case, the contractual partner only acquires as many rights as it corresponds to the disclosed purpose of the contract (order placed). In the absence of any other agreement, the license is only valid for a single publication (in one edition), only for the client's expressly designated medium and not for advertising purposes.

2.2. With every use (duplication, distribution, broadcast, etc.), the contractual partner is obliged to indicate the manufacturer's name (name) or the copyright notice in the sense of the WURA (World Copyright Agreement) clearly and legibly (visible), in particular not overturned and in normal letters, directly with the Photo and clearly assignable to it must be attached as follows: Photo: ©… Name / company / artist name of the photographer; Place and, if published, year of first publication. This also applies if the photo does not bear a manufacturer's name. In any case, this provision applies as the attachment of the manufacturer's name within the meaning of Section 74 (3) UrhG. If the photo is signed on the front (in the picture), the publication of this signature does not replace the manufacturer's note described above.

2.3. Any change to the photo requires the photographer's written consent. This only does not apply if the changes are necessary for the purpose of the contract known to the photographer.

2.4. The usage license is only valid if the agreed recording and usage fee has been paid in full and is only deemed to have been granted if the manufacturer is properly named / named (point 2.2. Above).

2.5. Instead of § 75 UrhG, the general regulation of § 42 UrhG applies.

2.6. In the case of a publication, two free specimen copies must be sent. In the case of expensive products (art books, video cassettes) the number of specimen copies is reduced to one piece.

3. Ownership of the footage - archiving

3.1. The photographer has the right of ownership to the exposed film material (negatives, slides, etc.). In return for an agreed and appropriate fee, the contracting party will transfer ownership of the supervisory images required for the agreed use; Slides (negatives only in the case of a written agreement) will only be made available to the contractual partner on loan against provision after use at the risk and expense of the contractual partner, unless otherwise agreed in writing. If this is the case, the usage license is also only valid to the extent of point 2.1. as granted.

3.2. The photographer is entitled to label the photographs in any way he deems suitable (including on the front) with his manufacturer's name. The contractual partner is obliged to ensure the integrity of the manufacturer's name, in particular if it is passed on to third parties (printer, etc.). If necessary, the manufacturer's designation must be attached or renewed. This also applies in particular to all reproduction media (lithographs, plates, etc.) created during production.

3.3. The photographer will archive the recording without any legal obligation. In the event of loss or damage, the contractual partner is not entitled to any claims.

4. Third party claims

4.1. The contractual partner must ensure that any required consent is obtained for objects shown (e.g. works of fine art, samples and models, brands, photographic templates, etc.) or persons (e.g. models). He holds the photographer harmless in this regard, in particular with regard to the claims according to §§ 78 UhrG, 1041 ABGB. The photographer guarantees the consent of authorized persons (authors, depicted persons, etc.), in particular models, only in the case of express written consent for the contractual purposes (point 2.1.).

5. Loss and Damage

5.1. In the event of loss or damage to recordings made on order (slides, negative material, memory cards), the photographer is only liable - regardless of the legal title - for willful intent and gross negligence. Liability is limited to his own fault and that of his employees; for third parties (laboratories etc.) the photographer is only liable for intent and gross negligence in the selection. Any liability is limited to the material costs and the free repetition of the recordings (if and as far as possible). The client is not entitled to any further claims; In particular, the photographer is not liable for any travel and accommodation expenses or for third-party costs (models, assistants, make-up artists and other recording staff) or for lost profits and consequential damage.

5.2. Point 5.1. applies accordingly in the event of loss or damage to submitted templates (films, layouts, display pieces, other templates, etc.) and handed over products and props. More valuable items are to be insured by the contract partner.

5.3. A valorisation of the stated amounts is reserved.

6. Performance and warranty

6.1. The photographer will carefully execute the order placed. He can also have the order carried out - in whole or in part - by third parties (other photographers, laboratories, etc.). If the contractual partner does not make any written instructions, the photographer is free to decide how the order is to be carried out. This applies in particular to the image perception, the selection of the photo models, the location and the optical-technical (photographic) means used. Deviations from earlier deliveries do not constitute a defect as such. Unless the client has given express instructions regarding the design of the photos, the contractor is free with regard to the image interpretation and the artistic and technical design. Related complaints are excluded.

6.2. We are not liable for defects that can be traced back to incorrect or imprecise instructions from the contractual partner (§ 1168a ABGB). In any case, the photographer is only liable for intent and gross negligence.

6.3. The contractual partner bears the risk for all circumstances that are not the responsibility of the photographer, such as weather conditions during outdoor shots, timely provision of products and props, failure of models, travel hindrances, etc.

6.4. Shipments travel at the expense and risk of the contractual partner.

6.5. All complaints must be made in writing within 8 days of delivery at the latest and with all documents presented. After this period has expired, the service is deemed to have been provided in accordance with the order. The warranty period is three months.

6.6. In the event of a defect, the contractual partner is only entitled to a claim for improvement by the photographer. If an improvement is impossible or if it is rejected by the photographer, the contractual partner is entitled to a price reduction. We are not liable for insignificant defects. Color differences in reorders are not considered a significant defect. Point 5.1. Shall apply accordingly.

6.7. Fixed deals are only available if expressly agreed in writing. In the event of any delivery delays, point 5.1 applies. corresponding.

6.8. The fee and license fee claims are available regardless of whether the material is (still) protected under copyright and / or ancillary copyright law.

7. Work wages & fees

7.1. In the absence of an express written agreement, the photographer is entitled to a work fee according to his currently valid price lists, otherwise an appropriate fee.

7.2. The fee is also due for layout or presentation recordings as well as if there is no utilization or depends on a decision by a third party. In this case, no price reductions will be granted on the admission fee.

7.3. All material and other costs (props, products, models, travel expenses, accommodation expenses, make-up artists, etc.), even if they are procured by the photographer, are to be paid separately.

7.4. Changes requested by the contractual partner in the course of the work are at his expense.

7.5. Conceptual services (advice, layout, other graphic services, etc.) are not included in the admission fee. The same applies to an above-average organizational effort or such a meeting effort.

7.6. If the contractual partner refrains from carrying out the order for whatever reasons, the photographer is entitled to half of the fee plus all incidental costs actually incurred, in the absence of any other agreement. In the case of absolutely necessary changes of date (e.g. due to weather conditions), a fee corresponding to the time spent or reserved in vain and all ancillary costs must be paid.

7.7. The fee is exclusive of sales tax at its respective statutory rate.

8. License Fee

8.1. Unless otherwise expressly agreed in writing, the photographer is entitled to a separate publication fee in the agreed or appropriate amount in the event of a usage license being granted.

8.2. The publication fee is exclusive of sales tax at the statutory rate.

8.3. Irrespective of all legal claims according to §§ 81ff and 91ff UrhG, the following applies in the event of a violation of copyrights and / or ancillary copyrights to the contractual recordings: The claims according to § 87 UrhG are due regardless of fault. In the event of a violation of the right to a manufacturer's name, non-pecuniary damage (Section 87 (2) UrhG) subject to additional financial loss (Section 87 (1) UrhG) is entitled to at least an amount equal to the appropriate remuneration (Section 86 UrhG). The right to information according to § 87a Abs. 1 UrhG also applies to the right to removal.

9. Payment

9.2. In the case of orders that comprise several units, the photographer is entitled to invoice each individual service after delivery. fee is due for payment nonetheless.

9.2. Bei Aufträgen, die mehrere Einheiten umfassen, ist der Fotograf berechtigt, nach Lieferung jeder Einzelleistung Rechnung zu legen.

9.3. In the event of default - irrespective of excessive claims for damages - interest and compound interest in the amount of 5% above the respective bank rate from the due date are deemed to have been agreed. For the purposes of calculating interest, the bank rate set on January 2nd of the corresponding year for the entire calendar year is decisive for the respective calendar year.

9.4. Reminder fees and the costs - including extrajudicial - legal intervention are borne by the contract partner.

9.5. Insofar as the delivered images become the property of the contractual partner, this only happens once the recording fee has been paid in full, including ancillary costs.

9.6 The client receives only edited picture material in high resolution in JPG format. The submission of unprocessed, digital raw data (RAW) is excluded, unless otherwise agreed. The storage of the digital image data is not part of the order. The storage is therefore without guarantee. The minimum number of photographs is determined by the confirmation of the offer.

9.7 If the order is canceled (especially in the case of wedding bookings)

9.8 Bei Stornierung des Auftrages ( insbesondere bei Hochzeitsbuchungen ) Wird die Beauftragung storniert, werden folgende Gebühren verrechnet:

30% of the total amount in the event of cancellation up to 120 days before the agreed date of service provision

50% in the event of cancellation less than 120 days before the agreed date of service provision

75% in the case of cancellation less than 60 days before the agreed date of service provision

100% in the event of cancellation less than 10 days before the agreed date of service provision

If, contrary to expectations, a cancellation on the part of the photographer is necessary, which incidentally has never been the case, the deposit will be refunded in full and we will assist in finding a replacement.

10. Final provisions

10.1. The place of fulfillment and jurisdiction is the photographer's place of business. In the event of a relocation, lawsuits can be brought to the old and the new company headquarters.

10.2. The Product Liability Act (PHG) is not applicable; in any case, liability for damage other than personal injury is excluded if the contract partner is an entrepreneur. Otherwise, Austrian law is applicable, which also takes precedence over international sales law.

10.3. Indemnification and indemnification also include the costs of out-of-court legal defense.

10.4. These general terms and conditions do not apply to the extent that they are contrary to mandatory provisions of the KSchG. Partial invalidity of individual provisions (of the contract) does not affect the validity of the remaining contractual provisions.

10.5. These general terms and conditions apply analogously to film works or moving images produced by photographers to order, regardless of the method and technology used (cine film, video, DAT, etc.).

Published by the Federal Guild of Photographers and the RSV