Terms & Conditions

1 Applicability of the Terms and Conditions

1.1 The production of images and the granting of image licenses are carried out exclusively based on the following terms and conditions. These conditions also apply to all future production and licensing agreements unless explicitly agreed otherwise.

1.2 Terms and conditions of the client that deviate from the following conditions will not be recognized. Such deviating terms and conditions will also not become part of the contract even if the photographer does not expressly object to them.

2 Production Orders

2.1 Cost estimates provided by the photographer are non-binding. The photographer is only required to notify the client of cost increases if the originally estimated total costs are expected to exceed by more than 15%.

2.2 For portraits and images of objects subject to third-party copyrights, ownership rights, or other rights, the client is responsible for obtaining the necessary permissions from the depicted persons and rights holders for the creation and use of the images. The client must provide these permissions upon request in copy or proof to the photographer.The photographer may use the images for self-promotion and, after an exclusive publication period, for other purposes. The client is also responsible for granting any required personal or other rights for these purposes. The client shall indemnify the photographer against third-party claims arising from the violation of this obligation. This indemnification obligation does not apply if the client proves that they are not at fault.

This regulation also applies if the photographer selects the individuals or objects to be photographed, provided that the photographer informs the client of the selection in time for them to obtain the necessary permissions or propose alternative subjects.

2.3 If the execution of the order requires engaging third-party services or concluding agreements with third parties, the photographer is authorized to enter into such obligations in the name and on behalf of the client.

2.4 The photographer selects the images to be presented to the client for approval at the end of the production. Usage rights are granted only for images that the client accepts as contractually compliant and upon full payment (3.4).

2.5 The client is obligated to inspect the images presented after the shooting and report any defects within a reasonable period. Obvious defects must be reported in writing within two weeks of delivery, and hidden defects within two weeks of their discovery. Sending the complaint on time is sufficient to meet the deadline. Failure to comply with the inspection and complaint obligation will result in the images being deemed accepted with respect to the defect.

3 Production Fees and Additional Costs

3.1 If the scheduled shooting time is significantly exceeded for reasons not attributable to the photographer, an agreed flat fee will be increased accordingly. If an hourly rate is agreed upon, the photographer is entitled to receive the agreed hourly or daily rate for the additional time. A work day or day rate includes max. eight hours.

3.2 The client must reimburse the photographer for additional costs incurred in connection with the execution of the order (e.g., film material, digital image processing, models, travel, catering) in addition to the agreed fee.

3.3 The production fee is due upon delivery of the images. If the images are delivered in parts, the respective partial fee is due upon each partial delivery. If an order extends over a longer period, the photographer may request installment payments corresponding to the work performed.

3.4 The client acquires copyright usage rights only upon full payment of the fee and reimbursement of all additional costs.

3.5 If the client cancels a production less than seven days before the agreed date, a cancellation fee of 50% of the agreed fee is due. Already rendered services, such as research, communication, and preparation, will be charged at 100%. Any cancellation fees for third-party services (e.g., venue or equipment rental, travel expenses) will also be invoiced. If the order is canceled less than 48 hours before the scheduled date, the full agreed fee is due.

3.6 If no specific fee has been agreed upon, the fee is determined based on the current market rates, such as the MfM list or comparable fees from colleagues.

3.7 All communicated prices are net prices.

4 Requesting Archive Images

4.1 Images requested from the photographer’s archive are made available for review and selection for one month from the delivery note date. If no licensing agreement is concluded within this period, analog images and provided image data carriers must be returned, and all image files stored by the client must be deleted.

4.2 Providing images for review and selection does not constitute a transfer of usage rights. Any use requires prior written approval from the photographer.

4.3 Using images as templates for sketches, layouts, or customer presentations already constitutes a chargeable usage. Opening slide mounts, transparencies, or download links entitles the photographer to charge a layout fee, even if the images are not ultimately used.

4.4 The photographer may charge a processing fee for compiling the image selection, based on the effort involved, with a minimum fee of €100. Shipping costs (packaging, postage) and costs for special shipping methods (taxi, air freight, express delivery) must be reimbursed by the client. If high-resolution files have already been transmitted, the previously agreed fee (even if unused) or a minimum fee of €250 per image, depending on quantity and effort, is due.

5 Usage Rights

5.1 The client acquires only the usage rights to the images as contractually agreed. Ownership rights are not transferred. Regardless of the granted usage rights, the photographer remains entitled to use the images for self-promotion.

5.2 The granting and transfer of the acquired usage rights to third parties, including other editorial departments within a publishing house, require the photographer’s written consent.

5.3 Images may only be used in their original form. Any modification or alteration (e.g., montage, phototechnical manipulation, coloring) or change in reproduction (e.g., cropping) requires prior consent from the photographer. The only exception is the correction of unwanted blurriness or color weaknesses through electronic retouching.

5.4 The photographer must be credited as the author for every image publication. The credit must appear alongside the image. The client must provide a digital PDF and at least two specimen copies to the photographer upon publication.

5.5 The rights granted are exclusively those specified in this agreement or the invoice. General terms, syndication agreements, etc., are not accepted and are not valid.

6 Digital Image Processing

6.1 The digitization of analog images and the distribution of digital images via remote data transmission or on data carriers is only permitted insofar as this form of reproduction and distribution is required to exercise the granted usage rights.

6.2 Image files may only be digitally archived for the client‘s own purposes and for the duration of the usage rights. Storing image files in online databases or other digital archives accessible to third parties requires a separate agreement between the photographer and the client.

6.3 When digitally storing images, the photographer’s name must be electronically linked to the image data. The client must also ensure through appropriate technical measures that this linkage is maintained in every transmission, transfer to other storage media, screen display, and public reproduction, ensuring the photographer can always be identified as the author of the images.

7 Liability and Compensation

7.1 The photographer is only liable for damages caused intentionally or through gross negligence. This does not apply to damages resulting from the breach of a contractual obligation essential for achieving the purpose of the contract (cardinal obligation) or damages resulting in injury to life, body, or health, for which the photographer is also liable in cases of slight negligence.

7.2 The photographer assumes no liability for the manner in which her images are used. In particular, she is not liable for the legality of their use under competition or trademark law.

7.3 Claims by the client arising from a breach of duty by the photographer or her assistants expire at the statutory limitation period.

7.4 The sending and return of images are at the client‘s risk and expense.

7.5 If analog images are lost or returned in a condition that precludes further use, the client must compensate for the loss. The photographer is entitled to claim at least €1,000 per original and €200 per duplicate unless the client proves that no damage has occurred or that the damage is significantly lower than the demanded amount.

7.6 In the event of unauthorized use, alteration, modification, or transfer of an image, the photographer is entitled to demand a contractual penalty of five times the agreed or, in the absence of an agreement, five times the usual usage fee, but at least €500 per image per case. The assertion of a further claim for damages remains unaffected.

7.7 If the photographer is not credited for an image publication (5.4) or if her name is not permanently linked to the digital image (6.3), the client must pay a contractual penalty of 100% of the agreed or usual usage fee, but at least €250 per image per case. The assertion of further claims for damages remains unaffected.

8 VAT, Artist Social Security Contribution

VAT and any applicable artist social security contributions are added to the fees, costs, and charges payable by the client.

9 Governing Law and Jurisdiction

9.1 The law of the Federal Republic of Germany applies.

9.2 If the client has no general place of jurisdiction in Germany or relocates abroad after the contract has been concluded, the photographer’s place of residence is agreed as the place of jurisdiction.

Status as of 07/2025.