General terms and conditions of Sophia-Marie Beck  (“Photographer”) for the provision of photography services  

1. DEFINITION, SCOPE 

1.1 These General Terms and Conditions apply to Sophia Beck. The terms "order, photographer and client" are to be understood in the commercial sense. "Order" refers to the contractual relationship regardless of the type of contract, "photographer" to the person who owes the main service, "client" to the person who has to receive the main service and pay the remuneration. 

1.2. Deviating terms and conditions of the client are only valid if Sophia Beck has acknowledged them in writing. 

1.3. The orders carried out by Sophia Beck are only processed under the conditions listed below. The client recognizes these conditions for the present order and at the same time for all additional and future transactions with Sophia Beck.  

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2. DATES, DELIVERY TIMES 

2.1. Dates and delivery periods are generally non-binding guidelines. This does not apply if deadlines are expressly agreed in writing as fixed. 

2.2. Sophia Beck is not liable for delays in delivery that are based on the customer failing to fulfill the necessary obligations to cooperate. 

2.3. If the customer is in default of acceptance or culpably violates other obligations to cooperate, Sophia Beck is entitled to demand compensation for the damage incurred, including any additional expenses. Further claims remain reserved. 

3. SCOPE OF SERVICES, REMUNERATION 

3.1. Only that which is agreed in the order confirmation and previously discussed when the order was placed shall apply. Additional costs due to the extension of the original order will be invoiced additionally. Additional costs incurred as a result of the order (e.g. material and laboratory costs, props, model fees, travel expenses, expenses, etc.) are to be borne by the client. 

3.2. Insofar as Sophia Beck makes an exception in her own name and on her own account on the basis of an express agreement with the customer, all external costs incurred by Sophia Beck will be passed on to the customer. In the case of ancillary costs (e.g. material and laboratory costs, props, model fees, travel expenses, expenses, etc.) from an expected value of €50.00 net, advance payments up to the amount of the gross order value are due immediately after the order has been placed.  

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4. COPYRIGHT RIGHTS OF USE / PERFORMANCE RIGHTS 

4.1. Sophia Beck is the sole owner of all copyright usage rights to the work. The customer is granted copyright rights of use exclusively for the contractually agreed purpose. These rights of use may not be transferred in whole or in part to third parties without the express consent of Sophia Beck. In particular, the client does not acquire ownership of the photographic material provided. The use resulting from the contract is covered by the fee. Any further use requires express written consent and is to be paid for separately. Currency fluctuations are borne by the customer. The client will provide specimens after publication. 

4.2. Digital data used to create the finished artwork, such as 3D data and texture maps of the respective objects and sets, and  All rights to this digital data are not made available or granted to the client, but remain exclusively with Sophia Beck. 

4.3. All rights to be transferred to the client under this contract remain with Sophia Beck until full payment has been made. Only after the agreed fees have been paid in full may the client use the rights of use without the consent of Sophia Beck to the contractual extent. 

4.4. Sophia Beck is entitled to be named as the author when his work is used. Furthermore, the artist is entitled to use the photographs he has taken for the purpose of self-promotion. 

4.5. Any type of duplication, reproduction, modification, processing, public disclosure, redesign for reproduction on other image carriers etc., unless covered by the contractually agreed use, requires the express written consent of Sophia Beck. In particular, the client is not entitled to scan the work and/or digitally save, edit, redesign, reproduce, use parts of the work to create new digital images or to transfer them to other media and image carriers. 

4.6. In the event of unauthorized use, disclosure or any other non-agreed use, subject to further claims for damages, a minimum fee of five times the agreed usage fee is due. 

4.7. If Sophia Beck is not named as the author for editorial use, a surcharge of 100% can be added to the agreed fee. 

4.8. The right to publish photographs in which there are people is only transferred to the client after the express consent of the people depicted.  

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5. DATA DELIVERY, DATA BACKUP 

5.1. The risk of accidental loss and damage to the image material is transferred to the client as soon as the material to be delivered is delivered to the  person carrying out the transport has been handed over. This also applies if Sophia Beck carries out the transport herself. The transport will only be insured by Sophia Beck at the express request of the customer and at his expense. 

5.2. All property rights to the original of the work remain with Sophia Beck. Sophia Beck is not obliged to archive the photographs he has taken or the data carriers on which these photographs are stored. 

5.3. The customer must return the originals of the work submitted to him to Sophia Beck at his own risk and expense immediately after they have been used. If the originals are not returned despite a written reminder, or if they are lost without Sophia Beck being responsible for this, he is entitled to charge a loss fee. This amounts to twice the agreed fee for each photographic original, but at least EUR 2,000.  

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5. LIABILITY, WARRANTY 

5.1. Claims for damages against Sophia Beck are only possible in the case of grossly negligent and intentional actions, but limited to the amount of the agreed fee. Sophia Beck is not liable for photo model costs, travel expenses, etc. The assertion of an indirect  damage is excluded. If the work goes under with Sophia Beck through no fault of his own, this does not affect his claim to the fee. 

5.2. The items handed over by Sophia Beck are to be insured by the client against damage, loss, theft, etc.; Sophia Beck cannot assume any liability for this. 

5.3. Sophia Beck is liable in the event of intent and gross negligence in accordance with the statutory provisions. However, liability for warranty claims for defects is limited to 12 months from delivery. 

5.4. In the case of slight negligence, Sophia Beck and her vicarious agents are only liable if an essential contractual obligation (cardinal obligation) is violated or there is a case of delay or impossibility. 

5.5. In the case of liability due to slight negligence, this liability of Sophia Beck and her vicarious agents and vicarious agents for breach of duty and tort as well as for claims for reimbursement of wasted expenses is limited to such damages that are foreseeable or typical. 

5.6. The aforementioned limitations of liability and the shortened warranty obligation do not apply to the absence of guaranteed properties, to cases of fraudulent intent, to injuries to life, limb or health, to defects of title and to liability under the Product Liability Act. 

5.7. Due to errors and printing or transmission errors that are not our fault and which entitle Sophia Beck to contest, the client cannot claim damages as a result of the contest.  

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6. ACCEPTANCE, NOTIFICATIONS, WARRANTY 

6.1. If Sophia Beck owes a certain work success, ie an individualizable work (e.g. photo), the client is obliged to accept it. Acceptance is deemed to have taken place if it is not declared or refused within 7 days of delivery, provided that the work result essentially corresponds to the agreements. If there are significant deviations, Sophia Beck will eliminate these deviations within a reasonable period of time and submit the work result again for acceptance. Acceptance is deemed to have taken place at the latest upon payment or use of the work. 

6.2. Complaints must be made in writing immediately after receipt of the material. After the period of three working days has expired, the work is deemed to have been accepted in accordance with the contract and free of defects with regard to obvious defects. Possible claims for damages by the client against the photographer expire in six months. The limitation period begins with the delivery of the created works. 

6.3. The client or a person authorized by him is obliged to be present during the shooting and to give his consent to the creative conception of Sophia Beck. If neither the client nor an authorized representative is present at the shooting, the artistic design of the work cannot be rejected by the client at a later date. In such a case, each new creation of photographs is to be paid for separately. 

6.4 If the client requests the use of certain props and/or the depiction of certain locations (buildings, works of art, etc.) by the contractor as part of the artistic works to be created, the client shall indemnify the contractor against possible third-party claims that these may have in connection with the Elevate usage and illustration to Sophia Beck, free. This also includes the costs of appropriate legal defence.  

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7. INVOICE, PRICE, PAYMENT, TERMS OF PAYMENT 

7.1 If an order is not carried out for reasons for which the photographer is not responsible, he can charge a cancellation fee of 50% of the agreed amount  Calculate fees without the need for proof of damage. If an order that has already started is not completed without Sophia Beck being responsible for this, he is entitled to the full fee. An order is deemed to have started when Sophia Beck has started to carry out its contractually owed service. If the time allotted for the execution of the order is exceeded or postponed or  Repeated for reasons for which Sophia Beck is not responsible, e.g. in the case of subsequent requests that deviate from the briefing, bad weather, not  timely provision of products, errors in the laboratory, non-appearance of the photo models, loss of luggage, etc., the fee increases in relation to the originally agreed fee. In this case, the ancillary costs increase according to expenditure. 

7.2. Both contractual partners reserve the right to prove that higher or lower damage or no damage at all has occurred. By paying a claim for damages or by paying other costs and fees, the client does not acquire any ownership or usage rights to the photographs. 

7.3. Sophia Beck invoices his services immediately after they have been rendered. 

7.4. Unless other terms of payment have been agreed, payment shall be made within 10 days of invoicing without deduction. 

7.5. All prices are net prices and do not include the statutory sales tax. duties, fees. 

7.6. The client may only offset against the agency's claims for remuneration with claims that are undisputed or have been legally established.  The customer can only assert a right of retention in cases of undisputed or legally established claims.  

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8. FINAL PROVISIONS 

8.1. The ineffectiveness of individual conditions does not affect the effectiveness of the others. The contested condition is to be replaced by one that comes as close as possible to the economic purpose of the original. 

8.2. The place of jurisdiction for all disputes between the client, who is a merchant, is the seat of Sophia Beck. 

8.3. Only the law of the Federal Republic of Germany is applicable, to the exclusion of German international private law.