I. Applicability and Scope of the General Terms and Conditions:

1.1 These GTC apply if the photographer enters into a contract with a consumer as defined by § 1 of the Austrian Consumer Protection Act (KSchG).

1.2 The photographer provides services exclusively based on these GTC. They also apply to all future business relationships, even if not explicitly referenced, unless the photographer announces changes.

1.3 If individual provisions of these GTC are invalid, this shall not affect the validity of the remaining provisions. Invalid provisions are to be replaced by valid ones that most closely reflect the original intent.

1.4 Offers from the photographer are non-binding and subject to change.

II. Copyright Provisions:

2.1 All copyright and related protection rights (§§1, 2 para. 2, 73ff Austrian Copyright Act) belong to the photographer. Usage permissions (e.g., publication rights) are only granted by express written agreement. The client acquires a non-exclusive, non-transferable usage license for the specifically agreed purpose and scope (e.g., print run, time and location limits). If unclear, the usage scope in the invoice or delivery note applies. Usage permission is granted only for the disclosed purpose. Unless otherwise agreed, the license allows for a single publication in the client’s designated medium and excludes advertising use.

2.2 The client must visibly and clearly credit the photographer with each use (reproduction, distribution, broadcast, etc.) in accordance with the Universal Copyright Convention (UCC), e.g., “Photo: (c) .. Name/Company/Stage Name of Photographer; Location and, if published, year.” If signed within the image, this does not replace the required attribution.

2.3 Any alteration of images requires written consent from the photographer, unless the modification is essential to the contract’s purpose.

2.4 Usage rights are only granted after full payment of fees and proper attribution (see 2.2).

2.5 Two free sample copies must be provided upon publication. For expensive items (e.g., art books, video media), one copy suffices. For web publications, the URL must be shared with the photographer.

III. Ownership of Materials – Archiving:

3.1 The photographer retains ownership of digital image files. Delivery of digital files requires explicit written agreement and, unless stated otherwise, applies only to a selection, not all produced images. Usage rights are granted as per section 2.1.

3.2 Distribution or reproduction of images in online databases, internet/intranets, or electronic archives (CD-ROMs, etc.) is only permitted by special agreement. A right to a backup copy remains unaffected.

3.3 The photographer will archive the images for one year without obligation. In case of loss or damage, no claims may be made.

IV. Attribution:

4.1 The photographer may label images with a copyright notice, even on the front. The client must maintain the integrity of this attribution, particularly when passing files to third parties (e.g., printers). Attribution must be reapplied or updated as necessary.

4.2 Digital images must be stored so that attribution data remains linked electronically and the photographer remains clearly identifiable.

V. Additional Duties:

5.1 The client must secure necessary third-party rights and model releases and indemnifies the photographer against any claims, including those related to image rights (§78 Copyright Act) or usage rights (§1041 Austrian Civil Code). The photographer only guarantees such rights with explicit written consent.

5.2 If the client asks the photographer to edit third-party images, they affirm they have the right to do so and indemnify the photographer from third-party claims.

5.3 The client must retrieve any props or items immediately after the shoot. If not collected within two business days, storage costs may apply, and items may be stored at the client’s expense.

VI. Loss and Damage:

6.1 For loss or damage to commissioned works (slides, negatives, digital files), the photographer is liable only for intent or gross negligence. Liability is limited to material costs and a free re-shoot, if possible. No further claims are valid, including travel or model/assistant costs, lost profits, or indirect damages.

6.2 Section 6.1 also applies to submitted materials (films, props, etc.) and provided items. Clients should insure valuable items.

VII. Early Termination:

The photographer may terminate the contract for just cause, e.g., bankruptcy of the client, payment default, failure to cooperate, or significant delays. Termination may occur immediately upon these grounds.

VIII. Performance and Warranty:

8.1 The photographer executes the assignment diligently and may delegate tasks to third parties. In the absence of written instructions, the photographer has creative freedom regarding style, models, locations, and techniques. Deviations from previous work do not constitute defects.

8.2 No liability is assumed for defects resulting from incorrect client instructions.

8.3 The client bears all risks beyond the photographer’s control, including weather, delays, missing props/models, or travel issues.

8.4 Shipments are at the client’s expense and risk.

8.5 Minor defects are not grounds for complaint. Color differences in reprints are not considered significant defects.

8.6 Firm deadlines are binding only if confirmed in writing. Delays are covered under section 6.1.

8.7 The photographer’s license does not include public performance of audio works in any media.

IX. Fees / Compensation:

9.1 Unless otherwise agreed in writing, the photographer is entitled to fees as per their current rates or a reasonable fee.

9.2 Fees apply even for layout or preview shots or if the project is not used or third-party approval is pending.

9.3 All costs (props, travel, models, makeup, etc.) are charged separately.

9.4 Requested changes during production are charged to the client.

9.5 Conceptual work (consultation, layout, graphics) and extended organization or meetings are not included in the base fee.

9.6 If the client cancels the job for personal reasons, the photographer is entitled to full compensation. In the case of rescheduling due to weather, time and costs already incurred must be paid.

9.7 Fees are exclusive of VAT.

9.8 The client waives the right to offset payments, except in cases of insolvency or recognized/court-validated counterclaims.

X. Licensing Fee:

Unless otherwise agreed in writing, granting a usage license entitles the photographer to an additional usage fee at a reasonable or agreed amount.

XI. Payment:

11.1 Unless agreed otherwise, 50% of the expected fee is due as a deposit at contract signing. The balance is due immediately after delivery or invoice. Payments are net and without deduction. For bank transfers, payment is considered complete only when the photographer is notified of the deposit.

11.2 For multi-part projects, the photographer may invoice each part upon delivery.

11.3 In case of late payment, the photographer may charge 5% above the base interest rate in annual default interest.

11.4 Ownership of delivered images passes to the client only after full payment. Asserting retention of title does not constitute withdrawal from the contract unless explicitly stated.

XII. Data Protection:

The client agrees that the photographer may collect, store, and process personal data (name, address, email, phone number, banking info) for contract execution and advertising purposes. The client also agrees to receive promotional emails unless revoked.

The photographer, as the data controller, processes personal data as follows:

1. Purpose: To fulfill the contract and for promotional use of images.

2. Data categories and legal basis: Includes name, contact info, banking details, image data, processed based on consent or contractual necessity.

3. Recipients: May be shared with third parties (e.g., media, partners) as needed by the contract.

4. Storage: Data is retained as long as necessary and legally permissible (e.g., retention periods, statutes of limitation).

5. Client rights: The client has the right to request access, correction, deletion, restriction, data portability, object to processing, and file complaints with the data authority.

6. Contact: Questions about data can be directed to the named photographer.

XIII. Use of Images for the Photographer’s Promotion:

Unless otherwise agreed in writing, the photographer may use created images for self-promotion. The client gives irrevocable consent to this use and waives all claims (e.g., under § 78 Copyright Act or § 1041 Civil Code).

The client also consents, in accordance with applicable data protection laws, to the use of their personal data and created images for promotional purposes by the photographer.