General Terms and Conditions

from

Marco Kuegler

Marco Kuegler Photography

Sterntaler 74

38226 Salzgitter

T +49 172 180 18 19

M info@mkfotos.de

I General

The following General Terms and Conditions apply to all orders placed with the photographer Marco Kuegler and his vicarious agents (hereinafter referred to as the photographer). They shall be deemed to have been agreed upon conclusion of the contract with the client or if they are not immediately contradicted. Conflicting terms and conditions of customers are not recognized by the photographer. Amendments and supplements to these GTC must be made in writing and must be expressly identified as such.
"Photographs" within the meaning of these GTC are all products produced by the photographer, regardless of the form or medium in which they were created or exist. (negatives, printed or exposed paper images, printed or exposed images in photo books and wedding albums, digital images in online galleries or on other data carriers, videos, etc.)
In the case of photo reportages, breaks are agreed with the client on site, but do not extend the booked time frame. In particular for photo reportages lasting four hours or more, the photographer shall be granted appropriate breaks, including free catering.
During a portrait shoot, photography or filming by competitors or guests of the client is not permitted.
The photographer shall select the images to be presented to the client for approval at the end of the production.
The client is advised that photographs are always subject to the photographer's artistic freedom of design. Complaints and/or notices of defects with regard to the photographer's artistic creative leeway, the image conception, the shooting location and the optical and technical means used in the photography are therefore excluded. Subsequent requests for changes by the client shall require a separate agreement and shall be remunerated separately.
In the case of photographs of persons and photographs of objects to which copyrights, property rights or other rights of third parties exist, the client shall be obliged to obtain the consent of the persons depicted and the rights holders required for the production and use of the images.
The client shall receive image files exclusively processed and in JPG format. The publication of unprocessed, digital raw data (RAW format) is excluded. The photographer does not undertake to archive the photographs permanently.

II Copyright, rights of use, self-promotion

The photographer is entitled to the exclusive copyright to the photographs in accordance with copyright law.
The client only acquires the rights to use the photographs for private use. The right to reproduce and pass on to third parties is granted for private purposes. Commercial use and commercial and/or public, non-private reproduction are not permitted and require the prior written consent of the photographer
. Ownership rights are not transferred.
The photographer only transfers the simple right to use the photographs to the client. Any transfer of rights of use requires a special agreement.
If the photographs are used publicly in online and print media (for private use), the photographer must be named as the author of the photograph.
Any unauthorized use, reproduction or dissemination of the photographic material for commercial purposes and any infringement of the right to be named shall entitle the photographer to claim damages.
The photographer may use the photographs for self-promotion and journalistic illustration purposes (e.g. for exhibitions, advertisements, websites, blogs, specialist photography magazines or weddings etc.). The client gives his/her express consent to this by signing the contract. If this consent is not expressly given, the photographer is required to use current wedding photos from other assignments or "styled shoots" for self-promotion. For this increased effort, the order value shall be increased by
15% of the contract amount.
The client assures that he/she has the right to reproduce and distribute all templates handed over to the photographer, as well as the consent of the persons depicted for publication, reproduction and distribution in the case of personal portraits. Claims for compensation by third parties based on the breach of this obligation shall be borne by the client. If the use of individual images is prohibited by photographed persons with reference to their personal rights, the contract price shall also increase by the previously agreed 15% of the order amount due to the increased processing costs.
Any modification or further processing of the delivered photographs (e.g. image processing/filters (e.g. black and white), photo composing, image cropping, etc.) is expressly prohibited.

III Fees

The agreed fee shall apply to the creation of the photographs.
The rights of use shall only be transferred to the client once the fee has been paid in full.
The agreed fee shall be due upon execution of the order, i.e. at the time the photographs are taken, but no later than 14 days thereafter in cash or by bank transfer to the photographer's account, even if the client has not yet received the final invoice at this time. The client agrees to receive invoices by e-mail at
.
A deposit of (50%) is due within 10 days of placing the order. Immediately after the wedding, before the photos are handed over, the remaining amount (50% plus any additional services and expenses booked) is due. Payment of the agreed fee shall settle all claims of the client, including claims against third parties. The dates specified in the contract shall not be deemed to have been booked until the amount has been received by the Contractor. If the advance payment is not received on time, the Contractor shall not be obliged to carry out the order.
After a reminder, the Client shall be in default. After default has occurred, interest of 5% p.a. shall be charged on the fee. Offsetting or exercising the right of retention is only permitted against undisputed or legally established claims of the client. Reminder fees and the costs of legal intervention (including out of court) shall be borne by the client.
Discounts of any kind are not transferable, payable or combinable.
Vouchers are not paid out in cash.
If the client withdraws from the contract with the photographer's consent before the agreed photo shoot, a cancellation fee shall be payable to the photographer. The following scale applies to the amount of the cancellation fee: Up to 6 months before the agreed photo shoot: 10% of the agreed fee From 6 months before the agreed photo shoot: 50% of the agreed fee
From 1 month before the agreed photo shoot: 75% of the agreed fee
Exceptions to this are cases of illness (bridal couple) or death (family) that lead to the wedding ceremony/celebration being canceled. A review/verification of the situation is at the discretion of the photographer.
If the time scheduled for the execution of the order is significantly exceeded for reasons for which the photographer is not responsible, or is extended at the request of the client, the photographer's fee shall be increased. Each additional hour on location costs € 200.00. In this case, billing is by the hour. The fee does not include the costs and shipping of the prints. According to §19 UStG no VAT will be charged. If a flat rate was agreed on the basis of a time frame, according to the additional time required. In the event of intent or negligence on the part of the client, the photographer may also assert
claims for damages.
The photographer shall travel to and from 38226 Salzgitter. The first 50, 150 or 250 km traveled, depending on the package, are included in the offer. The remaining travel costs are specified in the contract. If the arrival and departure of the photographer exceeds the previously agreed scope, or if nothing has been agreed or confirmed in writing, the following travel costs will be charged: 0.30 € per kilometer traveled. If the photographer travels by train or plane and if overnight accommodation is required, the actual costs and expenses incurred for the overnight stay (against receipt) shall be invoiced. If agreed in the contract, the client shall provide a double room in the vicinity of the event location. In order to ensure punctual attendance for wedding reportages lasting eight hours or more or at a distance of 100 km one way, an overnight stay of two nights is generally provided.

IV Liability

Claims for damages against the photographer arising from delay, impossibility of performance, breach of statutory and/or contractual ancillary and protective obligations upon conclusion of the contract are excluded, unless the damage was caused by gross negligence or willful misconduct on the part of the photographer and unless damages resulting from injury to life, limb or health or guarantees are affected or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely remains unaffected. The same applies to breaches of duty by our vicarious agents. Compensation for damages in excess of the material value is excluded.
The organization, allocation and execution of bookings is carried out with great care. However, should the photographer fail to appear for the agreed photo appointment due to special circumstances, such as sudden illness, accident, environmental influences, traffic disruptions, etc. (including those of the photographer's family members), no liability can be accepted for any resulting damage, losses or consequences. If the photographer is unable to appear at short notice due to force majeure, the photographer shall endeavor (if requested by the customer) to find a replacement photographer who shall provide his/her services at his/her own expense. However, there is no entitlement to this.
The photographer is not liable for damage or loss of stored data and digital photographs. The photographer shall not be liable for damage caused by the transfer of supplied data to a computer. In the event of technical defects in the camera equipment and data storage, liability and compensation claims on the part of the client are excluded. In the event of damage to or loss of photographs, the obligation to provide compensation is limited to the creation of new photographs
The photographer is entitled to commission external laboratories, photo book manufacturers or producers of wedding albums, printers, etc. The photographer is only liable for his own fault. He shall only be liable for his own fault and only for intentional or grossly negligent behavior. Compensation for damages exceeding the value of the material is excluded.
The photographer is only liable for the lightfastness and durability of the photographs within the scope of the guarantee provided by the manufacturer of the photographic material. The photographer accepts no liability for discoloration in the fold area and on the front and back of photo books and wedding albums.
The sending and return of films, images and originals shall be at the expense and risk of the client. The client may determine how and by whom the return shipment is to be made.
Color differences may occur in reproductions, repeat orders and enlargements compared to the original or the first images. Color differences may also occur in photo prints and prints of any kind that were created from a digital file. This is not a defect in the work and does not justify a complaint.
Complaints of any kind must be made in writing to the photographer within 7 days of delivery of the photographs or the work. Thereafter, the photographs shall be deemed to have been accepted in accordance with the contract and free of defects.
Delivery dates for photographs are only binding if they have been confirmed in writing by the photographer. The
photographer shall only be liable for failure to meet deadlines in cases of intent and gross negligence.

V Data protection

Personal data of the client required for business transactions may be stored. The photographer undertakes to treat all information that becomes known to him in the context of the order as confidential.
Andreas Debus fulfills his legal information obligations to the client in accordance with the current data protection law (GDPR of 25.5.18) by means of the enclosed data protection information.
The client shall allow the photographer to make the data protection information known to the guests of the event at the wedding venues by means of a display or similar. (Alternatively: The client shall inform the guests and other participants of the wedding celebration - pastors, caterers, artists, etc. - in advance about the data processing by the photographer in accordance with the attached data protection information / by linking to the website. If a participant does not wish to be photographed, the client shall inform the photographer and take appropriate measures to prevent the participant from being photographed. The client shall indemnify the photographer against all claims in this respect.
The client confirms that he has received the data protection declaration.

VI Final provisions

The law of the Federal Republic of Germany shall apply, including for deliveries abroad.
Subsidiary agreements to the contract or to these GTC must be made in writing to be valid.
The invalidity or ineffectiveness of one or more provisions of these GTC shall not affect the validity
of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible in economic and legal terms to the intended provision.
The place of performance for all obligations arising from the contractual relationship is the registered office of the photographer if the contractual partner is not a consumer. If both contracting parties are merchants, legal entities under public law or a special fund under public law, the place of jurisdiction shall be the photographer's registered office.
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr. You can find our e-mail address in the legal notice above. Consumer dispute resolution/universal arbitration board. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

These GTC are valid from 01.09.2020! All previous GTC lose their validity!