AGB

1. Applicability and scope of the general terms and conditions:

1.1 The following terms and conditions apply if the photographer is a consumer in the sense of § 1 KSchG as a contractual partner.

1.2 The photographer provides his services exclusively on the basis of the following general terms and conditions. These apply - unless the photographer announces a change is given - also for all future business relationships, even if not expressly stated is referred to.

1.3. If individual provisions of these General Terms and Conditions are ineffective, this will not affect the binding nature of the remaining provisions of the contracts concluded on the basis of them. An ineffective provision is replaced by an effective one that is more consistent with its meaning closest to the purpose. 1.4. Offers from the photographer are subject to change and non-binding.

2. Copyright provisions:

2.1 All copyrights and ancillary copyrights of the photograph manufacturer (§§1, 2 para. 2, 73ff UrhG) are reserved Photographers too. Permissions for use (publication rights, etc.) only apply if expressly stated Agreement as granted. In this case, the contractual partner acquires a simple (non-exclusive and... non-excluding), non-transferable (assignable) license for use for the expressly agreed purpose and within the agreed limits (circulation number, time and local restrictions etc.); In case of doubt, the scope of use stated in the invoice or delivery note is decisive. In any case, the contractual partner only acquires as many rights as correspond to the disclosed purpose of the contract (order placed). Unless otherwise agreed, this applies Permission for use is only granted for a one-off publication (in one edition), only for the client's expressly designated medium and not for advertising purposes.

2.2 For every use (reproduction, distribution, broadcast, etc.), the contractual partner is obliged to: The manufacturer's name (name) or the copyright notice in the sense of the WURA (World Copyright Agreement) must be clearly and easily legible (visible), in particular not overturned and in normal letters, directly next to the photograph and clearly attributable to it, as follows: Photo: (c) .. Photographer’s name/company/artist name; Place and, if published, year of first publication. In any case, this provision is deemed to be the affixing of the manufacturer's designation within the meaning of § 74 Paragraph 3 of the Copyright Act. If the photograph is signed on the front (in the picture), the publication replaces this Signature does not contain the manufacturer's note described above.

2.3 Any changes to the photograph require the written consent of the photographer. This only applies not if the change is necessary according to the contractual purpose known to the photographer.

2.4 The usage authorization is only valid if the agreed recording and recording fee has been paid in full usage fee and only as granted if there is a proper manufacturer's name/ Attribution (point 2.2 above) takes place.

2.5 In the event of publication, two free specimen copies must be sent. With expensive ones Products (art books, video cassettes) the number of specimen copies is reduced to one. At For publication on the Internet, the photographer must be provided with the web address.

3. Ownership of film material – archiving:

3.1.1 Analogue photography: The photographer has ownership rights to the exposed film material (negatives, slides, etc.). This provides the contractual partner with the necessary costs for the agreed and appropriate fee agreed use required recordings become property. The photographs delivered remain the property of the photographer until the purchase price has been paid in full. Slides (negatives only if agreed in writing) are only available on loan to the contractual partner against return after use at the risk and expense of the contractual partner, unless otherwise agreed in writing.

3.1.2 Digital photography Ownership of the image files belongs to the photographer. A right to transfer digital image files only exists after an express written agreement and - unless otherwise agreed - only affects a selection and not all image files produced by the photographer. In any case, the usage permit is only deemed to have been granted to the extent of point 2.1.

3.2 Reproduction or distribution of photographs in online databases, in electronic ones Archives, on the Internet or in intranets, which are not only for the client's internal use are intended on diskette, CD-ROM, or similar data carriers only due to a special Agreement between the photographer and the client is permitted. The right to a backup copy remains unaffected.

3.3 The photographer will archive the recording without any legal obligation for a period of one year. In the case The contractual partner is not entitled to any claims in the event of loss or damage.

4. Labeling:

4.1 The photographer is entitled to mark the photographs and digital image files with his manufacturer's name in any way he deems suitable (including on the front). The contractual partner is obliged to ensure the integrity of the manufacturer's name, especially if it is permitted to be passed on to third parties (printers, etc.). If necessary, the manufacturer's name to be installed or replaced. This applies in particular to all reproduction media created during production or when making copies of digital image files.

4.2 The contractual partner is obliged to store digital photographs in such a way that the manufacturer's name remains electronically linked to the images so that it is retained during any type of data transfer and the photographer as the author of the images can be clearly and unambiguously identified.

5. Additional obligations:

5.1 To obtain any third-party work permits and consent that may be required The contractual partner must ensure that people are depicted. He holds the photographer in this regard harmless and harmless, especially with regard to claims arising from the right to one's own image in accordance with. § 78 UrhG as well as with regard to usage claims according to § 1041 ABGB. The photographer guarantees that Consent from authorized parties only in the case of express written consent for the contractual purposes (point 2.1).

5.2 If the photographer is required by the contractual partner to electronically process third-party photographs are commissioned, the client assures that he is entitled to do so and releases the photographer from all third-party claims that are based on a breach of this obligation.

5.3 The contractual partner undertakes to return any recorded objects immediately after recording to pick up again. If requested, these objects will not be returned within two working days at the latest collected, the photographer is entitled to charge storage costs or to return the items at the expense of the to be stored by the client. Transport and storage costs are borne by the client.

6. Loss and Damage:

6.1 In the event of loss or damage to photographs taken on order (slides, negative material, digital image files), the photographer is only liable - regardless of the legal title - for Intent and gross negligence. Liability is limited to his own fault and that of his servants; For third parties (laboratories etc.), the photographer is only liable for intent and gross negligence in the selection. Any liability is limited to the material costs and the free repetition of the recordings (if and to the extent this is possible). The client has further claims not to; In particular, the photographer is not liable for any travel and accommodation expenses Third-party costs (models, assistants, make-up artists and other recording staff) or for lost costs Profit, consequential and immaterial damages. Claims for damages in cases of slight negligence are excluded.

6.2 Point 6.1 applies accordingly in the event of loss or damage to submitted templates (films, layouts, display pieces, other templates, etc.) and handed over products.

7. Early dissolution:

The photographer is entitled to terminate the contract with immediate effect for important reasons. From An important reason is to be assumed in particular if bankruptcy or settlement proceedings are opened against the contractual partner's assets or an application for the opening of such proceedings is made Jasmin Bachmann Photography, Lärchenwald 11 6162 Mutters +43 69919217272 jasminbachmannphoto@gamil.com, www.jasminbachmann.com VAT number ATU31718308, Volksbank Tirol AG IBAN AT134239000001256041– Innsbruck Regional Court 4/7 The procedure is rejected due to lack of assets to cover the costs or if the customer stops making payments or there are legitimate concerns about the creditworthiness of the contractual partner and, at the request of the photographer, this neither advance payments nor suitable security or if the performance of the service is carried out for reasons for which the contractual partner is responsible are impossible or are further delayed despite the setting of a 14-day grace period, or the contractual partner continues to violate essential obligations from the contract, such as the payment of a partial amount due, despite a written warning with a grace period of 14 days or obligations to cooperate.

8. Performance and warranty:

8.1 The photographer will carry out the assigned order carefully. He can do the job too - completely or partially - carried out by third parties. Unless the contractual partner makes written instructions, the photographer is free to decide how the order is carried out. This is especially true for the image design, the selection of the photo models, the location and the photographic means used. Deviations from previous deliveries do not in themselves constitute a defect.

8.2 For defects that are due to incorrect or imprecise instructions from the contractual partner are not liable (§ 1168a ABGB). In any case, the photographer is only liable for intent and gross negligence.

8.3 The contractual partner bears the risk for all circumstances that are not the responsibility of the photographer, such as weather conditions during outdoor photography, timely provision of products and props, Failure of models, travel disruptions, etc.

8.4 Shipments travel at the contractual partner’s expense and risk. 8.5 No liability is accepted for insignificant defects. Differences in color when reordering are not considered significant deficiency. Point 6.1 applies accordingly. 8.6 Liability for fixed order dates is only possible if expressly agreed in writing. In the case In the event of any delivery delays, 6.1 applies accordingly. 8.7 Any usage permissions from the photographer do not include the public performance of Sound works in any media.

9. Wages/fees:

9.1 In the absence of an express written agreement, the photographer is entitled to a fee for work. according to its respective valid price lists, otherwise an appropriate fee.

9.2 The fee is also due for layout or presentation recordings and if exploitation does not occur or depends on the decision of a third party. The admission fee is paid in In this case, no price reductions will be granted.

9.3 All material and other costs (props, products, models, travel costs, subsistence expenses, Make-up artists, etc.), even if they are provided by the photographer, must be paid separately.

9.4 Changes requested by the contractual partner in the course of carrying out the work will be made his burdens.

9.5 Conceptual services (advice, layout, other graphic services, etc.) are not included in the admission fee. The same applies to above-average organizational effort or such a meeting expense.

9.6 If the contractual partner refrains from carrying out the order placed for reasons within his control, the photographer is entitled to the agreed fee unless otherwise agreed. In the event of absolutely necessary changes to dates (e.g. due to weather conditions), a to pay a fee corresponding to the time spent or reserved in vain and all additional costs.

9.7 The net fee is plus VAT at the respective statutory rate.

9.8 The contractual partner waives the possibility of offsetting. However, this does not apply to the In the event of the photographer's insolvency as well as for counterclaims that are legally related to the photographer's claims, have been determined by a court or have been recognized by the photographer.

10. License fee:

Unless expressly agreed otherwise in writing, the photographer is entitled to a fee for the use of the work in the agreed or appropriate amount if a usage permit is granted separately.

11. Payment:

11.1 Unless otherwise expressly agreed in writing, a payment on account of 50% of the expected invoice amount must be made when the order is placed. Unless expressly agreed otherwise in writing, the remaining fee - if it can be determined by the contractual partner - is due after completion of the work, otherwise no later than 7 days after invoicing due for payment. The invoices are payable without any deductions and free of charge. In the case of a transfer Payment is only deemed to have been made once the photographer has been notified of receipt of payment.

11.2 For orders that include several units, the photographer is entitled to each after delivery Individual services must be invoiced.

11.3 If the contractual partner defaults on payment, the photographer is entitled - without prejudice to any excess claims for damages - to interest on arrears at an annual rate of 5 percent above the base interest rate to be charged.

11.4 If delivered images become the property of the contractual partner, this only happens when the recording fee including additional costs has been paid in full. Asserting the retention of title does not constitute a withdrawal from the contract unless this is expressly stated.

12. Data protection:

The contractual partner takes note of the following data protection notice, unless he has received further notice, and confirms that the photographer is thereby in compliance with the data protection notice that applies to him has fulfilled information obligations: The photographer, as the person responsible, processes the contractual partner's personal data such as: follows: 1. Purpose of data processing: The photographer processes the personal data mentioned under point 2 to carry out the work concluded contract and / or the orders requested by the contractual partner or for Use of the images for the photographer's advertising purposes, as well as the further disclosed personal data for the photographer's own advertising purposes. 2. Categories of data processed and legal basis for processing: The photographer processes the personal data, namely name, address, telephone and fax numbers, email addresses, bank details and image data, for the purposes stated under point 1 to reach. 3. Transmission of the contractual partner's personal data: For the purposes mentioned above, the contractual partner's personal data will be used if This is the content of the contract, recipients to be named by name at the request of the contractual partner transmitted, namely in particular third parties close to the concluded contract, if this The content of the contract is media, there should be an agreement with the contractual partner in this regard and any third parties involved in the execution of the contract. 4. Storage period: The photographer will only keep the contractual partner’s personal data for as long as as is reasonably considered necessary to achieve the purposes stated in point 1 and how this is permitted under applicable law. The personal data of The contractual partner's data will be stored as long as there are legal retention obligations or the limitation periods for potential legal claims have not yet expired. 5. The rights of the contractual partner in connection with personal data: According to applicable law, the contractual partner is entitled, among other things – to check whether and which personal data the photographer has stored in order to make copies of this data – with the exception of the photographs themselves – the correction, addition or deletion of his personal data that are incorrect or not processed in accordance with the law.

– to demand that the photographer restrict the processing of personal data – provided the legal requirements are met – to object to the processing of their personal data in certain circumstances or to revoke the consent previously given for processing – to request data portability – to know the identity of third parties to whom the personal data is transmitted and – to lodge a complaint with the responsible authority if the legal requirements are met 6. Contact details of the person responsible: If the contractual partner has any questions or concerns regarding the processing of his personal data he can contact the photographer known to him by name and address.

13. Use of images for advertising purposes by the photographer:

Unless there is an express written agreement to the contrary, the photographer is entitled to use photographs he has produced to promote his work. The contractual partner grants his express and irrevocable consent for publication for the photographer's advertising purposes consent and waives the assertion of any claims, in particular from this Right to your own image according to § 78 UrhG as well as to usage claims according to § 1041 ABGB. The contractual partner also grants consent taking into account the applicable data protection regulations his consent that his personal data and in particular the photographs taken will be processed for the purpose of publication for the photographer's advertising purposes.

14. Final provisions:

14.1 For all contractual partners of the photographer who are resident in Germany Whereabouts or place of employment, one of the courts in which the lawsuit is filed has jurisdiction whose district the consumer has his or her place of residence, habitual residence or place of employment. For consumers who are not resident in Austria at the time the contract is concluded the statutory places of jurisdiction apply.

14.2 Any claim for recourse by the contractual partners or third parties under the title of product liability According to the PHG directed against the photographer are excluded unless the person entitled to recourse proves that the error was caused within the sphere of the photographer and at least grossly negligent was indebted. Otherwise, Austrian substantive law applies. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. The contract language is German. Are the requirements? of Article 5 Paragraph 2 of the European Convention on Debt Contracts (EBV), but not a case of According to Article 5 Para. 4 in conjunction with Para.

14.3 These General Terms and Conditions apply to photographs made to order by photographers Film works or motion pictures accordingly, regardless of the method used the technology used (film, video, etc.).