1 Scope of application
The following terms and conditions apply to all orders placed with the photographers. They shall be deemed to have been agreed if they are not immediately contradicted. Special agreements that deviate from the terms and conditions will only be accepted if there is written confirmation.
definition
Photographic work: The term “photographic work” refers to the result of work done by the photographer for the client in accordance with the agreement reached between the parties.
Photographer: The “photographer” is the person commissioned for the performance of the photographic work.
Customer: The “customer” is the person who orders the photographic work from the photographer.
2 Applicable law and customer protection regulations
(1) The law of the Federal Republic of Germany shall apply to the exclusion of private international law and the UN Sales Convention applicable in Germany if:
a) you have your habitual residence in Germany, or
b) you as an entrepreneur book a service / buy a product or
c) is your habitual residence in a state that is not a member of the European Union.
(2) In the event that you customer i. S. d. § 13 BGB and you have your habitual residence in a member country of the European Union, the applicability of German law also applies, whereby mandatory provisions of the country in which you have your habitual residence that are more favourable to the customer remain unaffected.
A customer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
(4) Depending on the performance of the photographer, additional agreements may be made. These agreements, e.B a license agreement, supplement the terms and conditions in writing. In the event of a dispute, the individual agreements made shall take precedence over these GTC.
(5) The version of these GTC valid at the time of the order applies. The status of the terms and conditions can be found at the beginning of the document.
(6) The prices apply at the time of commissioning of a service.
(7) If certain discount or promotional offers are advertised, they are limited in time or quantity. There is no entitlement to it.
3 Subject matter of the contract and initial consultation
1. The subject of the contract may be the following services:
– Creation of wedding photography, wildlife photography, personal branding photography, portrait photography, event photography, sports photography
Hereinafter referred to as “photography”.
(2) “Photography” within the meaning of these GTC are all products manufactured by the photographer, regardless of the technical form or medium in which they were or are available (e.B. printed images, negatives, data, digital images and albums, photo books, videos, etc.)
(3) This list under (1) is not exhaustive. The current services and offers can be found under www.studiogalophotography.com
(4) In a first conversation, the photographer, named GLORIA CORREIA – Studio Galo Photography, usually in person / by phone / zoom / Skype – clarifies before the offer is made what you want regarding the photos. This conversation serves as a basis for the creation of an individual offer.
The initial consultation (clarification of the topic, framework conditions and organizational matters) lasts about 20 minutes and is free of charge and without obligation.
(5) After the first conversation, GLORIA CORREIA sends you an offer, this offer is the basis for the cooperation.
4 Conclusion of the contract
4.1 Booking of services
(1) The basis of the contractual relationship is the offer submitted by GLORIA CORREIA – including the associated service descriptions. The offer is based on the information you provided in the initial conversation / telephone call with the photographer.
The offer is valid, unless a different period is specified therein, for a period of two weeks from receipt of the offer by the customer.
(2) By accepting the offer, you accept the conditions contained therein and the validity of these general terms and conditions. Acceptance can be made by e-mail/ SMS/ Whats-App, messenger or verbally.
4.2 For bookings made orally, by telephone, in writing, by e-mail, SMS, WhatsApp or a messenger service, the following applies:
(1) All offers on the Internet are non-binding and do not constitute a legally binding offer to conclude a contract.
(2) Offer:
By booking, you offer me the conclusion of a photo session bindingly.
In addition, you explain that you have read and accepted these terms and conditions. The terms and conditions can be viewed on my website.
(3) Adoption:
The contract between us is concluded with the receipt of my booking confirmation with you, either in text form by e-mail or by post as desired.
(4) Payment by bank transfer and PayPal is available as payment options. I will send you my account details for a transfer with the confirmation e-mail.
5 Modalities of service provision – Photo production
(1) In the case of more extensive recordings or productions, the procedure between the two parties is roughly determined beforehand. If the customer has certain wishes, these must be expressed to GLORIA CORREIA.
(2) In particular, the customer must ensure that on the day of the agreed photo shoot, the chosen location can also be used and may be photographed there. The customer must take care of a corresponding consent of the owner, unless otherwise agreed in writing between the parties.
(3) In the event that GLORIA CORREIA prepares a cost estimate, it should be noted that this is a non-binding cost estimate, which was prepared on the basis of the information and wishes of the customer. Only after the end of the photo shoot can the actual effort be determined and calculated.
(4) In the event that it is necessary to involve third parties (e.B. stylists, make-up artists, assistants), GLORIA CORREIA is entitled to commission these third parties on behalf of and on behalf of the customer and on his behalf. In this case, no contract is concluded between GLORIA CORREIA and the third party.
(5) The photographs shown to the customer after the photo production are selected by GLORIA CORREIA. An individual agreement that deviates from this principle is possible.
6 Provision of photographs for viewing – complaint period
(1) All image material is copyrighted photographs according to § 2 para. 1 number 5 UrhG.
(2) The image material is the property of GLORIA CORREIA – Studio Galo Photography. The customer is prohibited from using the view material, editing it himself, using filters from apps for modification and passing them on to third parties.
(3) The customer selects from the handed over or digitally provided images those that he would like to purchase. The customer should make the image selection within 14 days of access. This period also applies to a complaint.
After expiry of this period, the image material shall be deemed to have been received in accordance with the contract and in accordance with the rules. The agreed purchase price is then due for all images.
(4) A complaint concerning the technical implementation or the artistic design is excluded.
(5) Analogue image material must be returned immediately after use, at the latest after 1 month. Alternatively, the images can be purchased by the customer from GLORIA CORREIA. The return must be insured. The risk of loss or damage to the images is borne by the customer up to the receipt at GLORIA CORREIA.
(6) Digital image data, which are only made available for viewing by GLORIA CORREIA and which the customer does not wish to purchase, must be deleted after expiry of the 14-day period (7) or the data carrier must be destroyed. Alternatively, the period of use can be extended against payment of a corresponding license fee.
7 Collection, storage and processing of your personal data
(1) To carry out and process a booking, GLORIA CORREIA requires the following data from you:
– E-mail address
– First and last name
– Address data (for proper invoicing)
(2) Gloria Correia uses the data you provide without your separate consent exclusively for the fulfillment and processing of your order(s), for example for the delivery of the digital product.
(3) Without additional consent, GLORIA CORREIA stores your data only within the scope of our tax and commercial obligations.
(4) If your personal information is changed, you are responsible for the update yourself. Please send us an e-mail to gloriacorreia.photography@gmail.com with your changed contact details.
8 Right of withdrawal for customer
(1) As a customer, you are entitled to a right of withdrawal in accordance with the instructions listed in the Annex. The customer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
(2) The revocation period begins with the conclusion of the contract. The contract is concluded at the moment when you have accepted the offer of GLORIA CORREIA.
You can revoke your order free of charge within 14 days, whereby the dispatch of the corresponding form is sufficient to meet the deadline.
You can download the separate revocation form and the instruction directly on my website.
9 Cancellation policy for photo sessions
(1) As soon as you have received a confirmation e-mail from GLORIA CORREIA, GLORIA CORREIA will keep this appointment free for you. GLORIA CORREIA can therefore not accept any further offers for this time or this day.
(2) For the reservation of a wedding photo shoot, a reservation fee of 50% of the total amount is due.
The customer receives the invoice for this amount following the confirmation e-mail from GLORIA CORREIA. This reservation fee will be charged in the event of the processing of the entire order.
The reservation fee will be withheld in case of cancellation of the order of GLORIA CORREIA. It must be regarded as compensation for the fact that other contracts could not be accepted for that date.
(3) If the customer books an equivalent photo shoot at a later date – within a calendar year – the cancellation fees paid will be credited to it. This does not apply to wedding reports.
For wedding reports, the following applies: With the signing of this contract, an appointment reservation fee of 50% of the order value is due. The appointment reservation fee will be withheld in any case, even if it comes to a cancellation on the part of the client.
(4) Exceptions to this are cancellations of wedding reports due to a serious illness (bridal couple) or death (family). A review/proof of the situation is at the discretion of the photographer. The cancellation of the shooting is possible at no additional cost. The reservation fee will be withheld as described above. If the customer books an equivalent shoot at a later date – within a calendar year – the reservation fees paid will be credited to it.
10 Cancellation by GLORIA CORREIA – Changes in the photo shoot procedure
(1) If GLORIA CORREIA cannot carry out the order due to force majeure, accident and illness or cannot deliver pictures within a previously specified period, the customer waives damages. Fees already paid will be refunded if the date cannot be postponed.
(2) If the customer wishes, GLORIA CORREIA can look for a replacement photographer. If the replacement photographer causes higher costs, these are to be borne by you. In the event that the replacement photographer cancels after accepting the order on his part, GLORIA CORREIA is not liable.
11 photo shoots at events
(1) When taking photos in the context of events, GLORIA CORREIA points out that the customer (wedding couple, organizer, etc.) must ensure that the participating guests are informed that the event is photographed. If guests do not want this, they must inform the organizer.
(2) The customer (organizer) must inform GLORIA CORREIA about this and ensure that these persons are not to be seen in group pictures etc.
(3) If the customer fails to provide the aforementioned information and consent pursuant to Art. 6 para. 1 s.1 lit a) GDPR or 22 KUG to his guests and / or the GLORIA CORREIA, the customer thus indemnates GLORIA CORREIA from all claims that third parties assert with regard to a violation of their personal rights, etc.
(4) In addition, the customer must clarify in advance whether photographs may be taken in the respective location (hotel, guest room, church, etc.). He has to obtain the consent of the owner.
(5) If the customer fails to make this request and the owner or an authorized third party prohibits the photo recordings by GLORIA CORREIA, the customer must bear all agreed fees.
12 General information for photo shoots by GLORIA CORREIA
As a customer of GLORIA CORREIA, we ask you to read the following information carefully and to observe them:
(1) You should appear no later than 5 minutes before the agreed date. If you are late, this time will be deducted from the recording period. It is up to GLORIA CORREIA to deviate from this in individual cases.
(2) GLORIA CORREIA assumes no liability for valuables brought along.
(3) Please remember to take enough food (drinks and a snack) for a break during a longer photo shoot.
(4) You are obliged to participate in the event of performance disruptions occurring within the framework of the statutory provisions, to avoid any damage or to keep it to a minimum. In particular, any complaints must be brought to the attention of the respective photographer immediately. If the customer culpably fails to report a defect, he forfeits his claim to a reduction in remuneration.
(5) Photographs – especially those in the so-called outdoor area – are never without a residual risk. Against an accident, you are only insured as part of your own accident insurance. GLORIA CORREIA assumes no liability for this.
(6) Baby shoots: If the baby has a very bad day and cries again and again, we cancel the shoot and make a new appointment. I do not charge a cancellation fee for this.
Please also think about change items for your baby and for yourself.
During the entire shooting, the duty of supervision for the child/children lies with the parents.
(7) Animal shooting: For animal photo shoots by GLORIA CORREIA, please note that animal behavior is unpredictable under changed conditions (e.B. strangers, foreign places, etc…). Despite all efforts, it may therefore be that a photo shoot has to be canceled.
The animal or animals should be fed and have had enough exercise before. In addition, you should bring a fur brush, wet wipes, a favorite toy and food or treats. If certain accessories are to be displayed, please bring them with you.
Please practice with your animal (dog) the commands “Seat”, “Place” and “Stay” beforehand. Otherwise, it is not possible to carry out a corresponding photo shoot.
In particular, it should be noted that the implementation of previously agreed motives cannot be guaranteed. Depending on how the animal to be photographed reacts, there is a possibility that certain motifs cannot be posed.
The customer is responsible for his animal before and during the photo shoot. Any damage caused must be borne by the customer.
For outdoor photo shoots, the above applies accordingly. In addition, it is important that the weather is good. Therefore, it may be that an agreed date must be canceled at short notice due to the weather. If the animal has a strong hunting instinct, it is a very fearful animal or other special features, then please let us know in advance. We will then try to find a very quiet and somewhat remote location.
For horse photo shoots, it is required that you bring at least one more person who can take care of the animal. In addition, you should bring a Lungiergerte etc. and food / treats.
Enough breaks are planned so that the animals can recover accordingly. At all animal photo shoots, please also think of change items for yourself.
The customer is responsible for the health condition of the animal during the entire photo shoot. If health problems occur during or after the photo shoot, GLORIA CORREIA is not liable – except in the case of intent and gross negligence.
13 Processing of the produced pictures
(1) The images are basically optimized by GLORIA CORREIA. An extensive retouching represents a high effort, which you have to commission separately and also remunerate. A previously defined number of photos is also finely edited as part of certain photo packages (skin retouching, removal of objects, etc.).
(2) After sending the images or after providing access to the created photographs, you have the opportunity to express wishes regarding another processing once, provided that the submitted processing does not correspond to the usual style of GLORIA CORREIA.
Using the usual style, the customer can get a corresponding impression on the basis of the pictures shown on the website.
(3) There is a right of complaint regarding the processed images for 14 days. After handing over the photographs or accessing the image files, you must inform GLORIA CORREIA of any complaints within 14 days in writing (email is sufficient). After expiry of this period, you have accepted the images as proper and in accordance with the contract, so that the remuneration for all images is due.
(4) The finished image material is the property of GLORIA CORREIA. The customer is prohibited from editing the finished images himself, using filters from apps for change and passing them on to third parties for change.
14 Rights of use and copyright
(1) GLORIA CORREIA is entitled to the copyright on all photo and video recordings created in accordance with the Copyright Act.
(2) Photographs are grds. created for the private use of the customer. The customer receives a simple, non-transferable, temporally and spatially unlimited license to use the images made for him privately and to pass them on to family and acquaintances.
(3) In the case of application images, the dispatch to third parties is part of the usual use.
(4) The reproduction, processing and distribution of photographs are not permitted.
(5) It is also permitted to use it as a profile picture in social media, provided that the correct copyright identification is carried out.
(6) If the customer wants to use the photographs commercially, e.B. for his company website, for advertising ticks, on flyers and in social media, this must be agreed separately within the framework of a license agreement. It indicates the purposes for which the rights of use are transferred.
(7) GLORIA CORREIA grants the customer the rights of use of the intellectual property rights of the services provided by GLORIA CORREIA exclusively for the concretely agreed use. The scope of such legal admissions depends in spatial, temporal and factual terms exclusively on the contractual agreement and the purpose of the contract. § 31(5) UrhG also applies to all services not protected by copyright. A transfer of rights only takes place if this is expressly agreed in writing. The customer acquires the contractually agreed rights only with full payment of all claims from the order.
(8) If the customer wishes an extended right of use or the original files from the photographs for further processing after completion of the order, GLORIA CORREIA must be informed or the file requested. For the extension, usage fees are incurred, which are to be calculated depending on the extent of the right of use. When providing an original file, the double remuneration of the previous order can be charged as remuneration.
(9) GLORIA CORREIA retains ownership of the negatives, the raw files of the images, as well as digital data carriers that have been created for the execution of the customer order.
(10) Upon request by GLORIA CORREIA, the customer is obliged to provide GLORIA CORREIA with information about the extent of the use of the services.
(11) In the case of publications, the customer will designate GLORIA CORREIA as the author in the usual form of the industry.
For publications, the customer will name GLORIA CORREIA as the author as follows: GLORIA CORREIA – www.studiogalophotography.com.
The copyright naming must be made directly on the image. The copyright naming must be done in the imprint.
Publication in social media is permitted exclusively for private purposes. Deviations from this principle must be agreed separately between the parties and must also be subject to a charge.
(12) The transfer of the rights granted to the customer to third parties or a use for purposes other than those contractually agreed requires the separate written consent of GLORIA CORREIA in individual cases.
15 Obligations to cooperate – deadlines and force majeure
(1) Delivery dates and deadlines for gloria correia regarding the handover of the pictures are always non-binding and only binding if they are expressly agreed in writing in individual cases (e-mail is sufficient) as a fixed date. GLORIA CORREIA strives to provide the images within 6 weeks.
(2) Gloria Correia’s adherence to a deadline or a binding deadline presupposes that GLORIA CORREIA has received all information, approvals or other contributions, including due instalment payments, to be obtained by the customer in good time. If this is not the case or if the failure to comply with a time limit is due to circumstances for which GLORIA CORREIA is not for its own, the period shall be extended at least for the period in which those circumstances existed.
(3) Force majeure, unavoidable circumstances or other unforeseeable, serious and involintary events that make the provision of the service significantly more difficult or temporarily impossible, entitle the respective party to postpone the performance of the service by the duration of the disability and an appropriate start-up time.
16 Remuneration modalities – Usage fees
(1) The settlement is based on the fees mentioned in gloria correia’s respective offer. The agreed prices are in each case incl. the statutory value added tax
(2) Other costs, such as travel expenses, accommodation costs, expenses, material and laboratory costs are not included in the fee and must be borne additionally by the customer.
17 Invoicing, maturity and retention of title
(1) GLORIA CORREIA is entitled to invoice an advance payment of 50% of the agreed or expected remuneration after placing the order.
(2) An invoice will always be sent to you by e-mail in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice and must be paid to GLORIA CORREIA within 7 days.
(3) If you are in default of payment or otherwise in default, GLORIA CORREIA is entitled to refuse the service or delivery until all payments due have been made. In addition to default interest in a statutory amount, you have to pay EUR 5.00 per reminder by GLORIA CORREIA. GLORIA CORREIA is also entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate for any damage that may have arisen.
18 vouchers
(1) Vouchers can only be redeemed at GLORIA CORREIA.
(2) The validity of the vouchers is limited to 1 year after issue, unless otherwise stated.
(3) The vouchers are vouchers. If a service is no longer offered or no longer at the same price, the value of the voucher will be credited to an offered service.
(4) After sending the voucher, the photographer is entitled to 20% of the original purchase object in the event of a withdrawal from the purchase contract after 14 days.
19 Termination of the contract
(1) The contract is terminated without notice for good cause. An important reason is always given if the relationship of trust between the contracting parties is so permanently disturbed for the terminating contractual partner due to the reason set by the other contractual partner that a continuation of the contract is no longer reasonable.
2. An important reason shall be in particular:
· in case of non-payment of the deposit
· in the event of repeated failure of the customer to cooperate
(3) Until the time of termination, GLORIA CORREIA must be paid all fees incurred.
20 Use of subcontractors
(1) GLORIA CORREIA is authorised to involve subcontractors in its own name without the need for the separate consent of the customer.
21 Liability of GLORIA CORREIA and limitation period
(1) Each photographer has his own artistic style. On the website of GLORIA CORREIA www.studiogalophotography.com, the customer can get an idea of it and express his own wishes in advance. The artistic and technical design is the responsibility of GLORIA CORREIA alone. If the customer subsequently does not agree with the technical and / or artistic design, there is no material defect within the meaning of § 434 BGB or § 633 BGB.
(2) GLORIA CORREIA is not liable for the violation of the rights of persons or objects depicted – unless there is a corresponding written property release.
(3) GLORIA CORREIA is not liable for claims for damages of third parties against the customer, which arise from the connection of images and text created by GLORIA CORREIA. The representation of images in a certain context is the responsibility of the customer alone.
22 Storage of negatives and adhesion for image quality
(1) The photographer is entitled to keep the RAW files for as long as it is necessary to prove his copyright status.
GLORIA CORREIA may keep the negatives for up to 3 years, but is not obliged if it has obtained consent for this. Subsequently, he is obliged to delete them irrevocably.
23 Damages and contractual penalty
(1) For a failure or incorrect copyright marking or an incorrect placement of the label, the customer is obliged to pay a surcharge of 100% on the agreed usage fee or a usual usage fee to GLORIA CORREIA.
(2) Subject to further claims for damages, the customer must pay a contractual penalty in the amount of four times the agreed or customary usage fee for each case of unauthorized (without the written consent of GLORIA CORREIA) disclosure to third parties, unauthorized falsification and processing, publication, use of the image material by the customer or a third party.
24 GENERAL
The law of the Federal Republic of Germany shall be deemed to have been agreed, even in the case of deliveries abroad. Ancillary agreements to the contract or to these GTC must be made in writing in order to be effective.
