General Terms and Conditions  AMOment Imaging Ouwerkerk

1. Scope of use

  1. These GTC shall apply to all orders placed with the Photographer and to the licensing of stock photos. They shall also apply without further reference to other similar contracts.
  2. Deviating terms and conditions of the client or licensee shall not be recognised unless the photographer expressly agrees to their validity

2. Commissioned production

  1. In the case of commissioned productions, the photographer creates photographs for the client. Contracts for commissioned productions are concluded by the photographer's proposal and acceptance by the client.
  2. The photographer shall select the agreed number of photographs at his own discretion, carry out a general image optimisation and hand them over to the client by data transfer or on a data carrier. Delivery dates are only binding if they have been explicitly agreed.
  3. Further additional services of the photographer such as image processing, storage, image gallery or printing shall be agreed individually.
  4. Subject to written instructions from the client to the photographer, the design of the photographs shall be left to the photographer's discretion. Complaints regarding the image conception and the artistic and technical design are therefore excluded.
  5. The client is responsible for ensuring that the persons, objects and locations required for the commissioned productions are available on time.
  6. The client may only use the photographs for the contractually agreed purpose and period.
  7. Only the client is authorised to use the photographs as agreed with the photographer. Use by third parties is only authorised after written agreement with the photographer.

3.  Utilisation of the photographic work by the photographer

  1. The photographer is entitled at all times to use the work for his own purposes (in particular on his own website, in portfolios, at art exhibitions, etc.) and to be named, unless this has been excluded in writing.
  2. The photographer is entitled at all times (in particular in publications, at exhibitions and in discussions with potential clients) to refer to the collaboration with the client and to the photographic work created for the client.

4. Licensing of  photos

  1. When licensing photos, the Photographer grants the Licensee rights of use to the licensed photos.
  2. The scope of the rights of use is set out in the contract. Unless otherwise agreed, the Licensee shall receive a non-exclusive and non-transferable right of use.
  3. Unless otherwise agreed, the Photographer may request to be named as the author of the licenced photos.

5. Commission

  1. The agreed commission applies to commissioned productions and the licensing of stock photos.
  2. If the booked period is exceeded in the case of commissioned productions, the Photographer's commission shall be increased by a reasonable amount.
  3. If the photographer has been booked for a specific date or period and this is cancelled by the client within 48 hours, the photographer shall retain the right to the agreed commission. However, the commission shall be reduced by the expenses saved by the photographer.
  4. Unless otherwise agreed in writing, invoices must be paid in full within 30 days. Until the agreed commission has been paid in full, the client or licence holder is not permitted to use the photographs or stock photos.

6. Liability

  1. The photographer shall only be liable, including liability for defects, for wilful and grossly negligent behaviour
  2. The client warrants that the persons photographed have given their consent.
  3. The Photographer shall be liable for ensuring that the licensed stock photos do not infringe the rights of third parties.
  4. Deficiencies must be reported in writing by the client within 7 working days, otherwise the photographic work shall be deemed approved and no further claims can be made.

7. Privacy policy

  1. The personal data of the client required for the fulfilment of the contract shall be stored by the photographer.
  2. The photographer is obligated to treat all information that becomes known to him within the scope of the order confidentially and not to use the photographs - except for his own use - without the consent of the client.

8. Final conditions

  1. Amendments, supplements and ancillary agreements must be made in writing to be effective, unless otherwise stipulated in these GTC. The written form requirement shall also apply to the waiver of this formal requirement.
  2. The language of these GTC originally is in German. In case of any discrepancy between the English and German text, the German text takes precedence. The English text is provided for informational purposes only.
  3. Should any of the above conditions be invalid or unenforceable, this shall not affect the validity of the remaining conditions. The invalid or unenforceable condition shall be replaced by mutual agreement with a suitable, legally valid substitute condition that comes as close as possible to the purpose of the invalid or unenforceable condition
  4. The place of jurisdiction shall be the photographer's place of business in accordance with the statutory conditions. Swiss law shall apply.
  5. Should any provision of these GTC be invalid, this shall not affect the validity of the remaining conditions.