Terms and Conditions

1 Area of application

1.1 All business relations between the parties shall be governed exclusively by the following GTC. Conflicting terms and conditions of the respective customer, hereinafter: Client, shall not apply unless the photographer Sam Jenak (hereinafter: Contractor) has expressly agreed to their validity.

1.2 “Photos” within the meaning of these GTC are all digital products produced by the Contractor, regardless of the technical form or medium in which they were created or exist. This includes in particular negatives, printed or exposed paper images, printed or exposed images in photo books and wedding albums, digital images in online galleries or images stored on other data carriers.

2 Conclusion of contract

2.1 The contract between the parties shall be concluded in accordance with the following provisions:

2.2 The Client has the option of requesting the production of photos by the Contractor by telephone or email via the contact form provided on the Contractor’s website. An inquiry does not constitute a binding offer by the Client to conclude a contract.

2.3 At the Client’s request, the Contractor shall submit an offer by telephone or e-mail to commission the production of the photographs. This offer by the Contractor shall be legally binding. Subject to acceptance of the offer by the Client, the offer shall be valid for a period of ten working days. After expiry of this period, the offer shall expire.

2.4 The Client has the option of accepting the offer within the aforementioned period of ten working days. Acceptance shall be made by telephone, in writing or by e-mail. Upon acceptance of the offer by the client, a binding contractual relationship shall come into existence between the parties for the production of the photographs.

2.5 If the client accepts the offer after expiry of the deadline in 2.3, this shall constitute a new offer, which the contractor may accept by express declaration. If the contractor sends an order confirmation or an advance invoice, this shall be equivalent to a declaration of acceptance.

3 Obligations of the client

3.1 The client must ensure that the photographer has all the information required for the execution of the order in good time (directions, special requests, etc.).

3.2 The client shall ensure that photography is permitted at the respective locations. Any waiting times incurred by the contractor due to photography bans shall count as working time.

3.3 The client is advised that photographs are always subject to the artistic freedom of the photographer. Complaints and/or notices of defects with regard to the artistic creative leeway exercised by the Contractor, the location and the optical and technical means used in the photography are therefore excluded. Subsequent requests for changes by the Client shall require a separate agreement and commissioning and shall be remunerated separately.

3.4 The client shall bear the risk for all circumstances for which the photographer is not responsible, including weather allowances for outdoor shots, timely provision of products, presence of props, insofar as the client is responsible for their procurement, travel restrictions, non-appearance of announced authorized representatives of the client and force majeure.

4 Obligations of the Contractor

4.1 The Contractor shall be personally responsible for the services offered. Subcontractors shall not be employed. The Contractor shall provide photographic services as an individual photographer without employees.

4.2 The Contractor shall take photographs as part of the Client’s wedding event/shootings to the contractually agreed extent. The Client may commission additional hours on this day.

4.3 The Contractor shall be obliged to produce the photos in a standard file format (e.g. jpeg). The client shall not be entitled to receive files in RAW format.

4.4 The Contractor shall hand over the photos to the Client within six weeks of the photo shoot. For particularly elaborate additional products (e.g. wedding albums), a separate handover date shall be agreed on an individual basis.

5 Compensation and expenses

5.1 The Contractor shall be remunerated on the basis of fixed package prices that have been contractually agreed in advance and can be supplemented with hourly billing. The agreed hourly rate is contractually agreed between the parties. All prices include VAT (total prices).
If the actual working time exceeds the agreed billing period, the additional time spent will be billed per half hour or part thereof.

5.2 Bei Vertragsschluss wird eine Anzahlung berechnet, die je nach Art des vom Auftraggebers gewählten Paketes variiert und die innerhalb von 7 Tagen vom Zeitpunkt des Vertragsschlusses fällig wird. Insoweit ist der Auftraggeber zur Vorauszahlung verpflichtet. Maßgeblich für die fristgerechte Zahlung ist der Eingang des Betrags auf nachfolgendem Konto des Auftragnehmers: Sarah Jenak | solarisBank AG | IBAN: DE64 1101 0100 2574 8114 28 | BIC: SOBKDEBBXXX

5.3 If this payment is not received on time, the Contractor shall send a reminder for payment, setting a reasonable deadline. If this deadline also expires, the Contractor shall be entitled to refuse the contractually owed services. Statutory rights of withdrawal or the assertion of claims for damages shall remain unaffected by this.

5.4 Payment of the remaining remuneration shall be due within 10 days of invoicing by the Contractor. The photos shall not be handed over to the client by the contractor until the invoice amount has been paid in full.

5.5 The Contractor shall travel to and from 65510 Hünstetten. Unless otherwise contractually agreed, the journey shall be charged at a flat rate of EUR 0.50 per kilometer driven. In the event of travel by train or airplane and if overnight accommodation is required, the actual costs and expenses incurred for overnight accommodation will be invoiced.

5.6 Other costs incurred as a result of the assignment, such as material costs, parking fees, postage and packaging, are not included in the fee and shall be borne by the client. Food and drinks during the reportage shall be provided to the client free of charge to a reasonable extent.

6 Order changes, extensions and termination

6.1 In the event of termination due to the exercise of statutory termination rights by one of the parties, the following provisions shall apply.

6.2 In the event of termination by the Client, the Contractor shall be entitled to assert a claim for damages against the Client in the amount of the shares of the agreed remuneration quantified in Section 5.2 of this Agreement, unless the Client proves that the Contractor has suffered less damage or no damage at all or that the Contractor is responsible for the termination.

6.3 If the Contractor is unable to carry out the order due to illness or a circumstance for which the Contractor is responsible, the Client shall be reimbursed the advance payment.

6.4 The consumer’s right of withdrawal remains unaffected by this.

7 Retention of title, rights of use and copyrights

7.1 The photos shall remain the property of the Contractor until the agreed remuneration has been paid in full.

7.2 The client acquires simple usage rights to the photos for private use. The right to reproduce and pass on to third parties is granted for private purposes. The rights of use shall not be transferred until the remuneration has been paid in full.

7.3 The Contractor shall select the photos. The client is not entitled to receive all photos.

7.4 The Contractor may use the photos for self-promotion and publicity purposes (e.g. for exhibitions, trade fairs, websites, blogs, specialist photography magazines or weddings, etc.). The photos shall be used in consultation with the client.

7.5 Other service providers such as make-up artists, decorators, wedding planners, etc. may only use photos after approval by the contractor.

7.6 No changes may be made to the photographic material by the client or third parties (this includes digital image processing).

8 Liability

8.1 The Contractor shall be liable in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.

8.2 Claims for damages against the photographer arising from delay, impossibility of performance, breach of statutory and/or contractual ancillary and protective obligations upon conclusion of the contract are excluded, unless the damage was caused by gross negligence or willful misconduct on the part of the photographer or personal injury has occurred. This includes in particular possible malfunctions of technical equipment (e.g. camera/PC/memory cards/storage media), faulty development, loss of mail or other loss of or damage to the images.

8.3 In other cases, the Contractor shall only be liable – unless otherwise regulated in Section 8.3 of these GTC – in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer may therefore regularly rely (so-called cardinal obligation). In all other cases, the Contractor’s liability is excluded, subject to the provision in Section 8.3 of these GTC.

8.4 Insofar as the Contractor is liable on the merits pursuant to Section 8.1 of these GTC, this liability shall be limited to damages that the Contractor foresaw as a possible consequence of a breach of contract when concluding the contract or should have foreseen when exercising due care. Indirect damage and consequential damage resulting from defects in the object of performance shall only be eligible for compensation if such damage is typically to be expected when the object of performance is used as intended.

8.5 The Contractor’s liability for damages resulting from injury to life, body or health and under the Product Liability Act shall be excluded from the above Sections 8.1 to 8.3 of these GTC.

8.6 Strict liability for damages for initial defects pursuant to Section 536a (1) BGB is excluded.

9 Offsetting, rights of retention and assignment

9.1 The Client is only entitled to offset against legally established or undisputed claims against the Contractor. The same applies to the assertion of rights of retention.

9.2 The assignment of claims against the Contractor to third parties is only possible with the Contractor’s written consent.

10 Data protection information obligations of the contractor

10.1 The Contractor shall provide the Client with an information sheet on the collection of personal data within the scope of the contractual relationship upon conclusion of the contract.

10.2 The Client undertakes vis-à-vis the Contractor to make this information available to all other third parties insofar as they come into contact with the Contractor’s performance.

10.3 The Contractor shall answer any queries that may arise in this regard. In addition, he shall keep printed copies of the information sheet available at the event in order to make them available to third parties on request.

11 Text form

11.1 Additions and amendments to the agreements made between the parties, including these GTC, must be made in text form to be effective. The precedence of individual agreements remains unaffected by this.

12 Applicable law

12.1 German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).

12.2 The place of performance for all services arising from the business relationship between the parties is 65510 Hünstetten. The place of jurisdiction is Limburg an der Lahn, unless the client is a consumer. The same applies if the client has no general place of jurisdiction in Germany or the EU or if the place of residence or habitual abode is not known at the time the action is filed. This shall not affect the right to appeal to the court at another legal place of jurisdiction.

13.3 The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.