Terms & Conditions

General Terms and Conditions, as of March 29, 2020

§1 General provisions and applicability of the terms and conditions

The contract in question is a contract for work and was concluded between the contractor and the client, which includes the delivery of the photos or a cut video (depending on the order) within a defined period. Contracts are only concluded based on these terms and conditions, unless a separate individual contractual regulation has been made. These general terms and conditions take precedence over any terms and conditions of the client. Videos are treated like images in this contract.

§2 Object and conclusion of the contract

A contract is concluded by signing an offer or sending a declaration by email.

§3 General information about delivery

  1. (1) The photographic works (hereinafter referred to as pictures) or videos are generally delivered electronically in the current resolution technically possible by the contractor.

  2. (2) The delivery is deemed to have been made when the access data for the online album and the high-resolution images on the USB stick are provided.

  3. (3) With the handover of the online album and the USB stick, the responsibility for the pictures and videos and the personal rights linked to the pictures / videos (e.g. right to your own picture) is transferred to the customer.

  4. (4) Immediately after delivery of the data, the order is deemed to have been performed and entitles to invoice.

  5. If included in the photographic package / offer, the photographic works will be delivered in addition to the digital form (high-resolution JPGs) as follows. In a wooden box in which there is a USB stick with the data and a Best Of as 10x15 prints. The photographer is responsible for the number of photos printed in the box.

  6. The client is encouraged to save the data from the USB as soon as possible on their own devices (external hard drives, laptop, etc.).

  7. The wooden box will be sent to the customer by post (Österreichische Post AG). In the event of non-delivery by Swiss Post, the contractor is not liable for this. The contractor will arrange for a new delivery to the client as soon as possible.

  8. (5) Any shipping costs abroad will be invoiced separately and include the costs for packaging and shipping as actual costs as a reimbursement

§4 Copyright provisions

  1. (1) All rights of copyright and ancillary copyrights of the photo producer (§§ 1, 2 Abs. 2, 73ff UrhG) belong to the * of the contractor. After payment of the agreed fee, the client receives the unrestricted, non-transferable right to use the delivered images.

  2. (2) The photographic works may only be passed on against payment by means of a separate agreement specified in the order or only with written consent. Passing on free of charge (especially in private at family celebrations, weddings, etc.) is generally permitted.

  3. (3) In the event of publication, the photographic manufacturer is entitled to request the manufacturer's designation (attribution) or the copyright notice clearly and legibly and clearly attributable to the photograph.

  4. Applicable to orders for wedding photography: In the event of commercial publication of the photos by the client or disclosure to third parties by the client (service provider, etc.), the manufacturer's name (attribution) or the copyright notice © Ivory Rose Photography must be clearly legible and immediately assignable to the photo.

  5. If the client transfers the resulting photographic works to another service provider in the event, the service provider must explicitly request that the photos be published commercially beforehand and name the photographer whenever the photos are published.

  6. (4) In the absence of a separate agreement, the contractor is entitled to use the photographs / videos without restriction for the purposes of its own advertising (in particular Facebook, Instagram, Google+, YouTube, its own website and print media). This extends to all currently known types of use and also includes the reproduction, distribution, digitization, exhibition, demonstration, broadcast, public access and public reproduction through image / sound / data carriers. The recordings can thus be used both digitally and analogously in all suitable media, interactive and multimedia use, etc. and stored in databases, even if they are accessible online. The recordings may be edited or modified while respecting personal rights (e.g. montage, combination with images, texts or graphics, photo-technical alienation, coloring). The client grants the photographer his express and irrevocable consent for publication for advertising purposes and waives the right to assert any claims, in particular from the right to the own picture in accordance with. Section 78 UrhG and claims for use acc. § 1041 ABGB. However, the contractor will not use any photos that can be objectively assumed to have had an adverse effect on the person (s) in the photos. The contractor will also not publish any photographs in a harmful sense for the client.

  1. (5) The client is obliged to inform the photographed persons or those who visit the event about the fact of photography in accordance with the Data Protection Act in accordance with Section 4 (4) and to obtain their consent.

§5 property rights, archiving and deletion

  1. (1) Ownership of the exposed film material (negatives, slides, etc.) is not least due to the copyright of the contractor. The generally granted unlimited right of use is not affected.

  2. (2) The contractor will digitally save the delivered recordings for at least 3 years for legal reasons.

  3. (3) However, the contractor is also entitled in the sense of data minimization of the GDPR (General Data Protection Regulation) to delete the data 3 months after delivery, unless otherwise agreed. Especially unused and undelivered recordings.

  4. (4) At the express request of the client, the data will be held and stored longer. However, a guarantee for the availability of the data or liability for the non-availability of the data is excluded in any case.

§6 claims of third parties

  1. The client is responsible for obtaining any consent that may be required for depicted objects (e.g. works of fine art, samples and models, brands, photo templates, etc.) or persons (e.g. models, guests, etc.). He * indemnifies and holds harmless the contractor in this regard, in particular with regard to claims according to §§ 78 UhrG, 1041 ABGB.

  2. The contractor guarantees the consent of authorized persons (originators, depicted persons, etc.), in particular models, only in the case of express written consent for the contractual purposes.

§7 loss and damage

  1. In the event of loss or damage to recordings made by order, the contractor is liable under whatever legal title only for intent and gross negligence, not in the event of force majeure.

  2. Liability is limited to your own fault. Any liability is limited to the material costs and the free repetition of the recordings (if and as far as this is possible).

  3. The client is not entitled to any further claims; the contractor is particularly not liable for any travel and subsistence expenses as well as for third-party costs (models, assistants, make-up artists and other reception staff) or for lost profit and consequential damage.

§8 performance and warranty

  1. The contractor will carefully execute the order placed. In the event of illness, the order can also be carried out in full or in part by third parties (other photographers or external service providers).

  2. The contractor is booked for a certain time. This time will be noted accordingly in the offer. If there are subsequent changes in the course of time (or change in the start or end time), the contractor must be informed immediately to arrange this and the photographer may have to book longer or shorter.

  3. Due to the artistic demands in photography and videography, we are free with regard to the way the order is carried out. This applies in particular to the image acquisition, the selection of the photo models, the location and the optically technical (photographic) means used. As such, deviations from previous deliveries do not constitute a defect.

a. Wedding photography: The client ensures that the wedding party, the registrar or the pastor as well as the wedding decoration are placed in such a way that the view of the bride and groom is not restricted. We adhere to the regulations of the church or the venue when placing the camera.

  1. We are not liable for defects that can be traced back to incorrect or inaccurate instructions from the client (§ 1168a ABGB). In any case, we are only liable for intent and gross negligence.

  2. The client bears the risk for all circumstances that are not in the person of the contractor, such as weather conditions for outdoor shots, timely provision of products and props, failure of models, travel disabilities, etc.

  3. All complaints must be made at the latest within 7 days after delivery in writing and with all documents. After this period, the service is deemed to have been performed in accordance with the order. The warranty period is three months.

  4. If, for whatever reason, the client refrains from carrying out the order, the contractor / photographer is entitled to 80% of the fee, plus any actual incidental costs, unless otherwise agreed.

  5. In the event of an absolutely necessary change in the date on the part of the client (vacation lock or pregnancy) and the postponement to a date on which the photographer has no capacity to photograph the order, a fee of 50% of the order offer is corresponding to the time spent or reserved in vain and pay all utilities.

  6. If the order is canceled by the customer due to force majeure, the contractor is not entitled to cancellation costs.

  7. If, for whatever reason, the order of the wedding photography is postponed by the client to a date available for the photographer before the planned order date, the photographer is entitled to a price increase of up to 15% for the following year on all booked services to estimate. If this happens up to a period of 6 months before the planned order, a fee for the order offer and all incidental costs corresponding to the time spent or reserved in vain must be paid as follows:

    1. 6 months before the order date: 15%

    2. 3 months before the order date: 25%

    3. 2 months before the order date 40%

  8. If, due to important reasons, force majeure (illness, car accident, etc.) it is not possible for the contractor to keep an agreed date for the fulfillment of the order, the contractor is free to carry out the order in To have Section 8 (1) fulfilled by third parties.

    1. If the order cannot be carried out on the agreed date, the client will be informed immediately after the reason becomes known. A claim for damages in this case is considered excluded, an alternative date will be made available to the client.

    2. If the fulfillment of the order is an order with a defined, non-repeatable point in time, we will, however, do everything possible within our scope to get a corresponding replacement. If the planned order is not fulfilled, compensation is generally excluded. The client is not entitled to any further claims; in particular, we are not liable for any travel and subsistence expenses as well as for third-party costs (models, assistants, make-up artists and other reception staff) or for lost profits and any consequential damage. However, especially at weddings, we will do everything possible to get a suitable replacement.

  9. The contractor is not liable for any damage caused by force majeure (theft of photo equipment, traffic accident, ...). Liability is generally limited in accordance with Section 8 Paragraph 9b.

  10. The contractor is not liable for missing or impaired photographs due to restrictions of the event location, including but not limited to access restrictions or flashing light bans and the like.

  11. The contractor is booked exclusively as a professional photographer. Guests are permitted to take amateur photos as long as the contractor is not hindered in the work (e.g. by staying in front of or behind the professional photographer and no photographs of his arranged poses are taken. The contractor is not liable for overexposed photos caused by the flash light or the lighting of other photo or video cameras has been impaired.

  12. Due to the nature of a wedding or an event and the typical numerous events in different locations, we will move, change and adapt the equipment throughout the day or for the duration of the order. A local contact person will be provided to the contractor.

a. For weddings: It is the responsibility of the bride and groom or the "master of ceremonies" or the * contact person on site, the contractor of the next important step, e.g. from the beginning of the ceremony, the wedding dance, cutting the wedding cake, to inform about throwing the bridal bouquet, etc. The contractor photographs the groups concerned, but is not responsible for the organization and compilation of these. The contractor will be happy to assist you with the compilation, but due to the lack of knowledge of the family situation or if the latter often does not know the people, it can only have a limited influence.

After an all-day booking, the contractor is entitled to short breaks for meals and for fulfilling natural needs. Meals will be taken over by the client. The breaks will be carried out as far as possible and after consultation with the client.

a. In any case, the contractor is entitled to a continuous break of 30 minutes after a continuous activity exceeding 6 hours, which will integrate this into the process and be interrupted in the event of unforeseen events.

The contractor is booked due to the professional and artistic expertise and therefore reserves the right to edit the photos at his discretion.

  1. The contractor cannot guarantee that all guests present will be photographed.

  2. The photographer is responsible for selecting the photos supplied.

§8 fees, payment & delivery

  1. The contractor is entitled to the agreed fee for its services based on the submission of offers and their acceptance.

  1. Unless otherwise expressly agreed in writing, the fee is due for payment no later than 10 days from the date of the invoice. From the due date of the invoice, the contractor is entitled to charge reminder fees. The current fee per reminder is 12 euros including VAT.

  2. In the event of default, interest and compound interest in the amount of 5% above the respective bank rate are deemed to be agreed from the due date.

  3. The delivery date of the photos or videos is individually agreed with the client. a. For weddings, the waiting time for the finalized photos is one to four weeks from the wedding date, whereby there is no legal claim.

  4. In the event of cancellation of a booked order (valid from the time the order / offer is drawn) - a wedding reportage, an 80% cancellation fee applies.

  5. In the event of cancellation of a booked order such as a pair shoot, portrait shoot, event report etc. up to 7 days before the agreed date, a 25% cancellation fee applies. Up to 3 days before the shooting 50% cancellation fee and up to 24 hours before the shooting date 80% cancellation fee.

  6. All parking costs incurred during the order will be charged to the customer in 1: 1.

  7. The client has to provide accommodation / accommodation for the photographer if all circumstances occur at the same time:

    1. Order duration longer than 7 hours

    2. Order fulfillment from 9:00 a.m.

    3. or until 10:30 p.m. and beyond

    4. Return journey from the place of order to the place of residence of the contractor after 90 minutes travel time

  8. Can the client §8 / 8. fail to fulfill, and / or if the order takes longer than agreed, the contractor will take care of accommodation and invoice the client 1: 1.

 

§9 final provisions

  1. (1) Place of performance and jurisdiction is Vienna. In the event of relocation, complaints can be brought to the old and new company headquarters.

  2. (2) The Product Liability Act (PHG) is not applicable; in any case, liability for damage other than personal injury is excluded if the contractual partner is an entrepreneur. In addition, Austrian law is applicable, which also takes precedence over international sales law.

  3. (3) Liability and litigation also include the costs of extrajudicial legal defense.

  4. (4) These general terms and conditions do not apply insofar as mandatory provisions of the KSchG conflict. Partial invalidity of individual provisions (of the contract) does not affect the validity of the other contractual provisions.