General Terms and Conditions
General
The following General Terms and Conditions (hereafter referred to as "GTC") shall apply to all orders named by I HEART / Rebecca von Rehn, hereafter referred to as IHWP. They shall be deemed as agreed upon if they are not objected to immediately. The customer can object to the GTC in writing within three business days. Differing terms and conditions of the customer
are hereby excluded. Differing terms and conditions of the customer are not valid unless accepted in writing by the photographer.
"Photographs" within the meaning of these GTC are all products produced by the photographer, regardless of the form or medium in which they were produced or exist. (Polaroids / digital images in jpeg format / prints / books and iPhone images)
II. Copyright
The copyright of all photos is owned by the photographer.
The photographs produced by the photographer are intended for the customer's own private use only, unless otherwise explicitly agreed in writing.
If the photographer transfers rights of use to her work, only the simple right of use shall be transferred, unless otherwise explicitly agreed; any transfer of rights of use shall require a special agreement.
A transfer of separate copyrights / publication rights is only possible in the form of a buy-out. For this a flat rate of 1000 Euro is charged, the contract for which is concluded separately from the order and must be signed by both parties.
If the corresponding rights of use have not been transferred, the customer has no right to reproduce the photograph outside of private use or to distribute it to third parties if the corresponding rights of use have not been transferred.
When using the photographs in online and print media (only for non private use), the photographer must be credited as the originator of the photograph. A violation of the right to be credited shall entitle the photographer to damages. ( Publishing pictures on third party , non private Pages or other not private related pages or Print Media )
Photo credit: Rebecca von Rehn @I HEART WEDDINGPHOTOGRAPHY.com
The raw data remains with the photographer. The raw data (unprocessed images) will generally not be handed over to the customer.
III. Remuneration, retention of title
A fee / daily rate or an agreed flat rate will be charged for photography services, including production & post production. Unforeseen additional costs ( transfer & accommodation ) & a second shooter are to be covered by the customer and booked upfront.
Cost estimates prepared by the photographer are non-binding. If cost increases occur during production, the photographer must inform the customer.
Payment shall be made by invoice.
A booking is only confirmed with a paid deposit and a written booking confirmation from IHWP
A Deposit of 20% is due with contract.
Invoices due are to be paid immediately and without deduction. The customer is in default if he does not pay due invoices within 14 days of receipt of an invoice or equivalent request for payment. The photographer reserves the right to cause the delay at an earlier point in time by issuing a reminder after the due date.
Until the purchase price has been paid in full, the delivered photographs shall remain with the photographer and her property.
IV. Liability
The photographer shall only be liable for own violations of obligations and those of her vicarious agents that are not directly connected to essential contractual obligations if there is a case of intent or gross negligence. She shall also be liable for injuries to life, limb or health as well as for damages arising from the breach of essential contractual obligations which she or her vicarious agents have caused by culpable breaches of their obligations. The photographer shall only be liable for damage to objects, templates, films, displays, layouts, negatives or data in the event of intent or gross negligence.
The photographer shall store the data carefully. She is entitled, but not obligated, to destroy data stored by her three years after the order has been completed.
The photographer is only liable for the lightfastness and durability of the photographs as part of the guarantee provided by the manufacturer of the photographic material. Beyond that there is no quality guarantee for products that have been independently created by third parties.
The files, images and templates shall be sent and returned at the customer’s risk and expense.
V. Default, cancellation fee / cancellation
After post production & editing, the photographer shall make a password-protected online gallery available to the customer for 3 months, unless otherwise agreed. Further services and private distribution may be carried out privately through the client itself.
It is forbidden to further transmit this data to service providers. Only the photographer is entitled to such transmissions for the purpose of monitoring copyrights, privacy and further use of the photographs.
If the customer cancels the booked photo shoot, the photographer is entitled to a cancellation fee. The cancellation fee is calculated as follows: Cancellation as of 15 days following the contract conclusion: 50% cancellation fee, thereafter 100% of the agreed total amount is due.
In the event of an accident, illness or other inability to perform the duties, the photographer undertakes to complete the order herself with the goal of providing an adequate, professional replacement / this can also happen without the couple's prior consent, depending on the urgency // any additional costs shall be borne by the photographer.
VI. Data protection
The customer’s personal data required for the business transaction may be stored. The photographer undertakes to treat confidential any information revealed as part of the order. You will find detailed data protection regulations on the website.
VII. Image editing / image composition
The customer is knowledgeable of the photographer’s visual style and understands that the end product will be similar in style. The style of the produced photos corresponds to the work presented on the photographer’s online platform and is subject to IHWP free, artistic design. The style varies depending on light, weather conditions and other individual circumstances. Each image editing / look is developed in such a way that the best possible end result and a uniform result is achieved
Unless otherwise agreed, the subsequent editing of photographs of the photographer and their reproduction and distribution, including recolouring in black - and white or Sepia , subsequent colour editing and refraiming is not permitted ( for publishing or third hand party social media publishing
Digitally acquired photographs are developed/printed by the client autonomously, the photographer assumes no liability for the quality of the results. Colour-corrected prints with quality assurance may be purchased directly online from the photographer’s website.
The customer agrees that IHWP may use individual photos for portfolio presentations / social media / the company website / blog / partner websites / wedding portals and magazines for self-advertising.
IHWP assumes that the customer informs his guests about the possible use of the photos and the associated copyright. Of course, we respect the privacy of our customers and their guests. We therefore ask you to inform us about any exceptions in advance (VIP guests / politicians / celebrities etc).
Rebecca von Rehn IHWP assumes no liability for missing / insufficient photos due to delays in the schedule or due to suboptimal working conditions / organisation / location / bad light or weather conditions, including guests who affect or impede the photographer’s work.
VIII Delivery times and complaints
The photographer usually delivers the photos within 3 workweeks. For wedding coverage the delivery time amounts to 2-4 weeks. Peak times can cause delays. These operational delays, as well as any delays caused by events of force majeure, breakdowns, delays on the part of the laboratory or its transport company, etc. do not constitute grounds for complaint. If the photographer exceeds the deadline, she is only liable in case of intent and gross negligence.
The photographer carries out her work with the utmost care and to the best of her ability. Complaints regarding obvious defects must be brought forward in writing within 7 days. A defect shall only be accepted, however, after it has been shown to us.
It shall only be possible to return/to not accept/to reject the photographs if there is proof of gross negligence & non-fulfilment of the basic agreements laid down in the contract. Reference to VII 6.
X. Final provisions
Place of execution of all obligations arising from the contractual relationship is Hamburg. This also applies to international bookings.
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XI. Sever-ability clause
Should any provisions of these General Terms and Conditions become or are held to be invalid, in part or in whole, the remaining provisions shall remain unaffected thereby. The invalid provision shall be replaced by the corresponding statutory provision.