I. General

1. The following terms and conditions (T&Cs) apply to all assignments given to the photographer, Peter-Paul Altmann, who cooperates with the agency moodiac.ai.

   They are considered agreed upon unless immediately contested.

2. “Photographs” within the meaning of these T&Cs include all products created by the photographer, regardless of the technical form or medium in which they were created or are present (negatives, slides, paper photos, still videos, electronic still images in digital form, videos, etc.).

II. Copyright

The photographer retains the copyright for the photographs in accordance with copyright law.
The photographs produced by the photographer are intended for the client's personal use only.
If the photographer grants usage rights to their works, only simple usage rights are transferred unless otherwise expressly agreed upon. The transfer of usage rights requires a special agreement.
Usage rights are transferred only after full payment of the photographer's fee.
The purchaser of a photograph according to § 60 UrhG (German Copyright Act) has no right to reproduce or distribute the photograph unless the corresponding usage rights have been transferred. § 60 UrhG is explicitly waived.
When using the photographs, the photographer can request to be named as the author unless otherwise agreed. Violation of the right to be named entitles the photographer to claim damages.
Negatives remain with the photographer. They are only given to the client if there is a separate agreement.

III. Fees, Retention of Title
Fees for the production of photographs are calculated as an hourly rate, daily rate, or agreed flat fee plus statutory VAT. Additional costs (travel expenses, model fees, props, laboratory and material costs, studio rent, etc.) are to be borne by the client. For end consumers, the photographer shows final prices, including VAT.
Invoices must be paid within 14 days without deduction. The client is in default if they do not pay due invoices within 30 (thirty) days of receipt of an invoice or equivalent payment request. The photographer reserves the right to issue a reminder after the due date to initiate earlier default.
Until full payment of the purchase price, the delivered photographs remain the property of the photographer.
If the client has not given explicit instructions regarding the design of the photographs, complaints about the image concept or artistic-technical design are excluded. If the client requests changes during or after production, they bear the additional costs. The photographer retains the right to be paid for already commenced work.

IV. Liability
The photographer is only liable for breaches of duties not directly related to essential contractual obligations in cases of intent and gross negligence. They are also liable for damages arising from injury to life, body, or health, as well as from breaches of essential contractual obligations caused by culpable breaches by the photographer or their agents. For damages to objects, templates, films, displays, layouts, negatives, or data, the photographer is only liable in cases of intent and gross negligence, unless otherwise agreed.
The photographer stores negatives carefully. They are entitled, but not obligated, to destroy negatives they have stored after three years from the end of the assignment. Before destruction, they notify the client and offer the negatives for purchase.
The photographer is only liable for the light fastness and durability of the photographs within the warranty services of the manufacturers of the photographic material.
The client bears the costs and risk for sending and returning films, photographs, and templates. The client can determine how and by whom the return is made.

V. Secondary Obligations
The client assures that they have the rights to reproduce and distribute all templates provided to the photographer and that they have the consent of depicted persons for publication, reproduction, and distribution. The client is liable for third-party claims arising from the breach of this obligation.
The client is obliged to make the objects to be photographed available in a timely manner and to pick them up immediately after the shoot. If the client does not pick up the objects within two working days after notification, the photographer is entitled to charge storage costs or to relocate the objects at the client's expense if studio space is blocked. Transport and storage costs are borne by the client.

VI. Performance Disruption, Compensation
If the photographer provides the client with several photographs for selection, the client must return the unselected photographs at their own cost and risk within one week, unless a longer period has been agreed. For lost or damaged photographs, the photographer can charge if they are not responsible for the loss or damage.
If the photographer provides the client with images from their archive, the client must return the unselected images within one month of receipt and the selected images within one month of use. If the client delays the return, the photographer can charge a blocking fee of 1 (one) euro per day and image, unless the client proves that no damage or less damage has occurred. In the event of loss or damage, excluding further use, the photographer can claim damages. Damages are at least 1000 (one thousand) euros per original and 200 (two hundred) euros per duplicate, unless the client proves that no damage or less damage has occurred. The photographer reserves the right to claim higher damages.
If the time planned for the assignment is significantly exceeded for reasons beyond the photographer's control, the photographer's fee increases accordingly if a flat rate was agreed. If an hourly rate was agreed, the photographer also receives the agreed hourly or daily rate for the waiting time, unless the client proves that no damage occurred. In cases of intent or negligence by the client, the photographer can also claim damages.
Appointments not canceled at least 72 hours before the start of the assignment can be charged up to 100% of the order value.
Deadlines for delivering photographs are only binding if expressly confirmed by the photographer. The photographer is only liable for missed deadlines in cases of intent and gross negligence.

VII. Data Protection
Personal data required for business transactions can be stored. The photographer commits to treating all information known from the assignment confidentially.

VIII. Digital Photography
Digitization, storage, and reproduction of the photographer's photographs on any media require prior written consent from the photographer.
The transfer of usage rights does not include the right to store and reproduce unless this right has been expressly transferred.

IX. Image Editing
Editing the photographer's photographs and reproducing and distributing them, whether analog or digital, requires the photographer's prior consent. If a new work is created through photo compositing, montage, or other electronic manipulation, it must be marked with [M]. The authors of the used works and the author of the new work are co-authors in the sense of § 88 UrhG.
The client is obliged to digitally store and copy the photographer's photographs so that the photographer's name is electronically linked to the image data.
The client must ensure this electronic link is maintained during any data transfer, display on screens, and any public display so that the photographer is clearly and unambiguously identifiable as the author.
The client assures that they are entitled to commission the photographer with the electronic editing of third-party photographs. They indemnify the photographer against all third-party claims arising from the breach of this obligation.

X. Use and Distribution
The distribution of the photographer's photographs on the internet, intranets, online databases, or electronic archives not solely for the client's internal use is only permitted with a special agreement between the photographer and the client.
The transfer of digitized photographs on the internet, intranets, and on media and devices for public display on screens or for creating soft and hard copies requires the photographer's prior written consent.
The reproduction and distribution of edits created electronically by the photographer require the photographer's prior written consent.
The photographer is not obligated to provide the client with storage media, files, and data unless explicitly agreed upon in writing.
If the client wants the photographer to provide storage media, files, and data, this must be agreed upon and compensated separately.
If the photographer has provided the client with storage media, files, and data, they may only be altered with the photographer's prior consent.
The client bears the cost and risk of transporting storage media, files, and data online and offline; the photographer can determine the transmission method.

XI. Final Provisions
The place of performance for all obligations from the contractual relationship is the photographer's place of business, unless the client is a consumer. If both parties are merchants, legal entities under public law, or a special fund under public law, the photographer's place of business is agreed as the legal venue.

Peter-Paul Altmann / P2GrafX Photography & Video offers all areas of product, architecture, event, people, and character photography, in addition to video, editing, and compositing. We help our clients reinvent themselves and their digital offerings continually. We change opinions through creativity and develop smart visualization strategies, always challenging the boundaries of what is technically possible. Together, we create digital, audiovisual life. Full Service. End to End.
 

Branding and webdesign by moodiac.ai

© Peter-Paul Altmann / P2GrafX Photography & Video 2024