§ 1 Application / Miscellaneous

(1) The following GTC are valid for all assignments, offers, deliveries and achievements realized by photgraphers of ro-photography (hereinafter photographer).

As far as no other agreement was made, the GTC are also valid for all future assignments of the very same client. The GTC are for the regulation and clarification of the content of the contractual relationship, which is to be determined after the content of the individual assignment. Amendments or supplements of these GTC requires written form and have to be expressly designated as such. The contracting parties agree, that solely the present GTC shall be valid. Eventual terms and conditions of the client do not apply. If the contracting parties have made a varying agreement in written form, it is to approach superior to the present GTC.

(2) "Photographies" for the purpose of these GTC are all products produced by the photographer, no matter the technical form or medium (paper prints, prints on canvas, digital pictures on CD/DVD or any other storage media, slides positives and negatives, etc.). The client acknownledges, that the material delivered by the photographer is copyright reserved, based on § 2 Abs. 1 Ziff. 5 copyright law (Germany).

(3) The photographer is free to artistic design and imagery as far as no concrete instructions for the design of the pictures were given by the client. Complaints referring to this are excluded.

(4) ro-photography is the one and only professional photographer booked for the wedding day and should have priority before any private photographers or filmers referring to equipment and photo camera positions.

§ 2 Copyright and Right of use

(1) The photographer appertains the solely copyright of every picture made in the context of the particular assignment. The copyright cannot be confered.

(2) The photographer conferes in each case a non-exclusive right of use for the pictures to the client. This solely contains personal, and no commercial use.

Each modification, following up (e.g. picture-composing, montage or electronical tools to design a new copyrighted piece of artwork) of the delivered pictures must be authorised by the photographer. This is also valid for the disclosure of the rights of use at third parties, which the client isn't allowed to give in general.

(3) A commercial use of the pictures afterwards - no matter in which form - by the client himself or by third parties can only take place with an earlier written agreement given by the photographer. This is also valid for picture files, which were digitally or otherwise modified resp. alienated by the client or third parties. This further use is appropriately to refund to the photographer in collusion and will be seperately brought in account.

(4) The right of use only subrogates in terms of picture DVDs or as agreed, if the stipulated fee is fully payed.

(5) If the photographer grants the permission for an application of the pictures, he has the right to be designated being the originator of the pictures. If he exercises his right of naming names, every infringement of this right jusifies indemnity for the photographer.

(6) The client solely gets processed picture material in high-reslution as a JPG-format. The quantity is arbitrary to the photographer and depends on the length of attendance at the day of the wedding. 200 (for short attendance) to 500 (for whole-day-attendance) pictures are guarateed. A preliminary selection is performed by the photographer. The delivery of crude, digital raw data is excluded. The storage of digital image data is not part of the assignment.

(7) The photographer is entitled in accordance with highest standard and judgement to use selected picture files for presenting his own work to potential clients or business partners. He is allowed to use all picture files for his web presentation (gallery), for exhibitions, professional publications, photo competitions or specialized fairs without limitation. Other publications are available only in consultation with the clients and require special written agreement. The client can object explicitly to the latest on the takeover of the first prints for such use of the pictures by the photographer.

(8) Individual variations of use and copyright and special rates for personalitys of contemporary history must be agreed in written form.

§ 3 Salary

(1) For the production of the pictures, a hourly, daily or agreed package fee will be charged including statutory VAT and plus any travel expenses.

(2) Outstanding invoices are payable within 7 days without deduction. Until full payment of the purchase price the delivered pictures including delivered CDs / DVDs are property of the photographer.

(3) If the allowed time for the implementation of the assignment is essentially exceeded for reasons that are not represented by the photographer or extended at the request of the client, the photographers fee increases, as far as a flat fee was stipulated on basis of a time frame, referring to the extra time. If a fee referring to time was agreed, the photographer gets his hourly or daily rate for latency as well, as far as the client is able to prove that no damage occured to the photographer.

(4) A deposit of the agreed fee is payable within 7 days of booking. A deposit not made on time extinguishes the right to compulsory reservation. Outstanding final invoices are payable within 7 days without deduction, it will be stated after the wedding, with transfer of picture data. Until full payment of the purchase price the eventually delivered pictures including delivered CDs / DVDs or any other products brought in account by or about the photographer are property of the photographer.

(5) If the placing orders for execution of the assignment by the client will be withdrawn within 3 days after the signing, a general expense allowance plus travel expenses will be payable (consulting, telephone costs, estimation of costs, etc.).

If the agreed performance here will be canceled and the photographer can arrange for the canceled wedding at least an equivalent wedding, the complete deposit will be refunded. But if there is a difference in the value to this newly booked wedding, the photographer will retain the difference and pay back the remaining sum of the deposit. If the photographer is verifiable not able to arrange another booking resp. no other assignments were verifiable accepted because of the existing contract, a financial damage occures for the photographer, which will brought in account with 75% of the agreed basic fee (fee without extra expenses like album costs or travel allowances).

(6) Exceptions hereof are sickness (couple) or bereavement (family), leading to a cancellation of the wedding and festivities. A verification / proof of the situation is at the discretion of the photographer.

§ 4 Liability / Transfer of risk

(1) For damage, whichever, caused during the contract, the photographer is liable for itself and its agents only for intent and gross negligence. This does not apply to damages resulting from injury of life, limb or health or from the violation of essential contractual obligations which are brought about him or his agents by culpable breach of duty.

(2) For damage or loss of negatives or digital picture data, the photographer is liable only for intent and gross negligence.

(3) For damage, defects or loss by sub-contractors or suppliers, which build their services on their own account, a liability of the photographers is excluded.

(4) Delivery dates for pictures are only binding if they have been explicitly confirmed by the photographer. The photographer is responsible for exceeding the deadline only for intent and gross negligence.

(5) For risk and costs of transport of disks, files and data online and offline the client resp. the supplier is responsible. The manner of transmission as set by the photographer.

(6) The organization and allocation of bookings to the photographer and the execution is carried out with utmost care. If, however, due to circumstances that are not the responsibility of the photographer (sudden illness, accident, environmental influences, traffic disruptions, etc.) no photographer is appearing to the appointed photo session, resp. he is coming too late, no liabillity can be assumed for any resulting damage or consequences. If the planned and particularly well-known photographer fails short term due to circumstances beyond our control, ro-photography is allowed to send a high qualified team member as a substitute, so as the client is not without photographer on his wedding day and the here agreed obligations of photographing are accomplished.

In case the client does not accept the alternative photographer, the client may decide to terminate the agreement. In this case, he gets the deposit the full amount refunded.

(7) Complaints of any kind must brought to the photographers knownledge within 7 days after the delivery of the pictures. After the deadline, the pictures are taken as contractual and free of defects.

§ 5 Privacy

The client agrees that his personal data necessary for business operations will be stored. The photographer agrees to keep confidential all informations become known to him in the context of the agreement.

§ 6 Final clauses / Salvatorius clause

(1) It is solely valid the law of the Federal Republic of Germany.

(2) Any additions to the agreement do not exist. They require, if subsequently desired, for their effectiveness written form.

(3) The invalidity or unenforceabilityof one or more provisions of these GTC shall not affect the validity of the remaining provisions.

(4) In case the client has no jurisdiction in the Federal Republic of Germany or his residence or general stay after signing of contract moved to abroad, the residence of the photographer is the agreed place of jurisdiction.

It is the law of the Federal Republic of Germany, effective 01 of January, 2009.