Terms of Service

§ 1. General

(1) The contractor provides photography services. The contractor provides all deliveries and services exclusively on the basis of these general terms and conditions. These are part of the contracts for services concluded with the customer.

(2) General terms and conditions of the client are not part of the contract.

(3) The basis for the contract is the respective offer from the contractor, in which all agreed services as well as the remuneration are stipulated.

These offers from the contractor are subject to change and non-binding.

(4) The contract is concluded when the order offered is placed in writing.

(5) “Photographs” within the meaning of these terms and conditions are all products manufactured by the contractor, regardless of the technical form or medium in which they are created

were or are available (paper images, images on canvas, images in digitized form on CD / DVD or other storage media, slide positives, negatives, etc.). Of the

Client acknowledges that the photographic material supplied by the contractor is copyrighted photographic works within the meaning of Section 2 Paragraph 1 Clause.

(6) In the case of photos of people and of objects to which third-party copyrights, property rights or other rights of third parties exist, the client is obliged to obtain the consent of the persons depicted and the rights holder necessary for the production and use of the images.

(7) The client's attention is drawn to the fact that images are always subject to the contractor's creative freedom. Complaints and / or notices of defects with regard to the artistic freedom exercised by the contractor, the location and the optical and technical means of photography used are excluded. Subsequent change requests by the client require a separate agreement and commission and are to be paid for separately.

(8) It cannot be guaranteed that everyone present at a celebration will be photographed. However, the contractor will always endeavor to achieve this if this is requested by the client. The contractor will do his best to photograph all the basic elements of the preparation, wedding ceremony, reception, wedding reception and the couple and group photos. However, this cannot be a guarantee that specific images or scenes will be recorded.

(9) The contractor and, if applicable, his vicarious agents are to be granted appropriate breaks including meals.

(10) The contractor does not undertake to permanently archive the image material, unless otherwise expressly agreed in writing. Original files such as RAW files remain with the contractor. A surrender to the client takes place only with a separate written agreement.

(11) The contractor will make the image files available to the client as a password-protected download link for 60 days (included in the fee) or for a surcharge (€ 20 / stick).

If the image files are sent by post as a USB stick, the client bears the risk of loss or damage to third-party services (shipping company).

§ 2 copyrights, usage rights, self-promotion

(1) The photographer has the exclusive copyright to all photos taken within the scope of the respective order. According to the Copyright Act, copyrights are not transferable. The contractor will have the photographer transfer the exclusive right of use for all types of use, whether known or unknown.

(2) The contractor transfers a simple right of use to the photos to the client. This only includes private, non-commercial use. Any change, further processing (e.g. through photo composing, assembly or through electronic aids to create a new work protected by copyright) of the photos supplied requires the express approval of the contractor. The same applies to the transfer of usage rights to third parties, which the client is generally not permitted to do.

3) A commercial / commercial use of the photographic works in retrospect - regardless of the form present - by the client himself or by third parties can only take place with the prior written consent of the contractor. This also applies to image files that were created by the client or by third parties

digitally or otherwise changed or alienated.

(4) The rights of use to be transferred are only granted after the agreed upon payment has been made in full

Fee in the form of photo downloads or USB stick shipping as agreed via.

(5) If the photographer grants permission to use the photos, he can request to be named as the author of the photo. If he makes use of this right, the violation of the right to be named entitles the photographer to compensation.

(6) The client receives only edited picture material in high resolution in JPG format. The submission of unprocessed, digital raw data (RAW) is excluded. The permanent storage of the digital image data is not part of the order.

(7) Unless otherwise agreed when signing the contract, the photographer reserves the right to use the images he has created as self-promotion on his homepage (matthiaswendling.de) or on social media such as Instagram.

§ 3 remuneration

(1) A fee will be charged for the production of the photos as an hourly rate, daily rate or an agreed flat rate excluding statutory VAT (small business owners) plus any travel expenses.

(2) Due invoices are to be paid within 10 days without deduction. The photos supplied remain the property of the until the purchase price has been paid in full

Contractor.

(3) If the time provided for the execution of the order is significantly exceeded for reasons for which the contractor or his vicarious agent is not responsible, or if the client requests it, the contractor's fee increases, provided that a flat-rate price is based on a

The time frame was agreed, corresponding to the additional time required. If a time fee has been agreed, the contractor will also receive the for the waiting time

agreed hourly or daily rate, unless the client can prove that the contractor has not suffered any damage.

(4) Upon signing the contract, a deposit (30% of the fee) is due within 14 days.

The dates specified in the contract are only considered booked once the amount has been received by the contractor.

If the advance payment is not received on time, the contractor is not obliged to carry out the order.

(5) If the order for the execution of the service is revoked by the client within 3 days after signing, an expense allowance of 30.00 euros plus travel costs will generally be due (advice, telephone charges, preparation of a cost estimate, etc.).

If the service agreed here is canceled by the customer and the contractor for the canceled

Wedding can arrange at least one equivalent wedding, the full amount of the deposit will be refunded. If it can be proven that no other booking can be made on the part of the contractor or if further inquiries were demonstrably no longer accepted due to the existing contract, the contractor will suffer financial loss, which will be compensated with the advance payment.

(6) Withdrawals or cancellations of binding reservations must be made in writing and must be confirmed by the contractor. Cancellation free of charge is no longer possible after completion. In the event of the cancellation of confirmed orders, the following cancellation fees apply as agreed.

Phase 1 = 50%

Phase 2 = 75%

Phase 3 = 100%

Phase 1: Applies from the day of the order up to three months before the day of the event.

Phase 2: Applies from the three month up to four weeks (30 calendar days) before the day of the event.

Phase 3: Applies from the fourth week up to the day of the event.

(7) Exceptions to this are a case of illness (bridal couple) or death (family), which lead to the cancellation of the wedding / celebrations. A review / proof of the situation is at the discretion of the photographer.
For further details see §4.

(8) Bank details: Matthias Wendling IBAN: DE31120300001052677331 BIC: BYLADEM1001

§ 4 - The photo shoot did not take place

(4) If the photo shoot does not take place due to a circumstance that is outside the sphere of the photographer (e.g. bad weather, separation before the wedding, illness of the clientele, etc.), the photographer is entitled to withhold the advance payment of 30% of the fee.

According to the usual course of events, this corresponds to less than the expected damage to the photographer due to the loss of the order and the associated keeping the appointment free. However, it is not up to the customer to provide evidence that the damage did not occur at all or that it was significantly lower than the advance payment.

(2) If the reason for the non-completion of the shoot lies in the sphere of the photographer, he is obliged to repay the advance payment. A claim for damages in favor of the customer exists only if the photographer is responsible for the failure, whereby they are only liable for intent and gross negligence in this regard. In particular, reasons for refusal due to one's own illness or illness of close relatives do not trigger liability.

(3) In the case of photo shoots with children, the photographer is not responsible for the behavior of the children. The photographer will try everything to create beautiful memories. If this is not possible due to the child's “whims”, there is no alternative date. Children up to the age of 14 are excluded from this regulation

§ 5 Liability / Transfer of Risk

(1) The contractor is only liable for himself and his vicarious agents for damage of any kind on the occasion of the performance of the contract in the event of willful intent and gross negligence. This does not apply to damage resulting from injury to life, limb or health or from the breach of essential contractual obligations

he or his vicarious agents have caused culpable breaches of duty.

(2) The contractor is only liable for damage or loss of the digital image data in the event of willful intent and gross negligence.

(3) Liability on the part of the contractor is excluded for damage, defects or loss caused by subcontractors or suppliers who provide their services for their own account.

(4) Delivery dates for photos are only binding if they have been expressly confirmed by the contractor. The contractor is only liable for exceeding the deadline in the event of willful intent and gross negligence.

(5) The organization and allocation of bookings to the contractor, both the execution takes place with the greatest care. If, however, due to circumstances for which the contractor is not responsible (e.g. sudden illness, traffic accident, environmental influences, traffic disruptions, etc.) no photographer for the agreed

If the photo session appears or arrives too late, no liability can be accepted for any resulting damage or consequences.

(6) Complaints of any kind must be received by the contractor within 10 days of delivery of the images. After the deadline has expired, the images are deemed to have been accepted in accordance with the contract and free of defects.

(7) Delivery dates for images are only binding if they have been confirmed in writing by the contractor. If the deadline is exceeded, the contractor is only liable in the event of intent.

§ 6 final provisions

(1) The law of the Federal Republic of Germany applies exclusively.

(2) There are no ancillary agreements to the contract and must, if subsequently requested, be in writing to be effective.

(3) In the event that the client does not have a place of jurisdiction in the Federal Republic of Germany, or its registered office or habitual residence

If the contract is concluded abroad, the contractor's place of residence is agreed as the place of jurisdiction.

(4) Should a provision of these general terms and conditions be or become ineffective, or the conditions contain a loophole, the

This does not affect the legal validity of the remaining provisions. Instead of the ineffective provision, an effective provision shall be deemed to have been agreed, which is that of

comes closest economically to what the parties want; the same applies in the case of a loophole.

These terms and conditions apply from July 2nd, 2020.
All previous terms and conditions lose their validity.