Business Terms - Conditions of ANGEL Photography Portrait Studio by Anna Stefanie Eberle. The customer agrees to read the conditions carefully, completely and accept the terms.
1. The following terms apply to any business conducted with the photographer, Anna Stefanie Eberle. They are excepted by the client as is, if they are not challenged immediately.
2. "Photographs" within the meaning of these terms and conditions, produced by the photographer, in any technical form or medium in which they were created or exist. (negatives, paper images, still video, electronic still images in digital form, video, etc.)
1. The photographer owns the copyrights to the photographs taken in accordance with the Copyright Act. It is illegal to reproduce, copy, scan any images created by the photographer.
2.The photographs created by the photographer are only for the personal use of the client.
3. The client may purchase a copyright release. The copyright release entitles the client to print the images for personal use only. The images may also be published on the internet or personal websites and social media sites. A transfer of copy rights to a third party is not permitted unless the client has received a written permission by the photographer.
4. The rights are only transferred after full payment has been received by the photographer.
5. The purchaser of an image, by German law, § 60 of the Copyright Act has no right to the photograph to reproduce and distribute, if the copyright has not been transferred.
6. In the case of publication of the photographs, unless otherwise agreed, the photographer has to be named as author of the photograph as follows: "photo by: www.AngelPhotography.de". A violation of the right to be named entitles the photographer to a compensation of €300,00.
7. The negatives / digital files remain with the photographer. The client may purchase negatives or digital files only if a separate agreement and payment is made.
III. Investment, Ownership
1. For the production of photographs, a fee as an hourly rate, daily rate or agreed flat fee plus VAT will be charged; costs (travel costs, model fees, expenses, props, labor and material costs, studio rent, etc.) shall be charged separately to the client.
2. The session fee is due at time of reserving a date/time. A down-payment of 50% to be received for print orders and have to be picked up and paid for in full within 14 days. Overdue invoices: The client is in default if full payment has not been received within 30 (in words: thirty) days. A 10% late charge applies for invoices that have not been paid within 30 days, for each following week. The photographer retains the right to contact a lawyer as well as the clients unit for military members, if payment has not been received within 30 days.
3. Until full payment has been received, the ordered photographic items remain the property of the photographer.
4. If the client has not given special instructions/expectations to the photographer about the outcome of the portraits, complaints about the images and view of the artistic and technical design are excluded. If the client, during or after a photo shoot requests changes, he or she has to bear any additional costs. The photographer retains the compensation claim for work started. Due to the creative nature, there are no free re-shoots for any reason, including dissatisfaction with clothing, facial expressions, hair, wind or other items beyond the photographer’s control. A re-shoot may be given at a 50% discount within 2 weeks of original session date.
1. For any damages to material items, health or life, the photographer and her assistants are only responsible - unless otherwise agreed - only in the case of intent and gross negligence. The photographer cannot be held liable for damages or malfunctions of photographic equipment, like camera, lighting, digital memory cards and so on. In case of loss of images, camera or computer malfunction, a re-shoot will be scheduled as soon as possible. In cases where a reshoot is not possible (events/weddings) the photographer will refund 80% of the agreed price.
2. The photographer keeps the negatives / digital files for up to 3 months in a safe place and shall be entitled but not obligated, to destroy them after expiry of this period and termination of the contract.
3. The photographer is responsible for durability of photographic prints only as part of the warranty, the manufacturer of the photographic material provides.
4. The sending and returning of photographic material and documents are at the expense and risk of the client.
V. Cancellation fee
1. In case of cancellation, the pre-paid session fee that was given to guarantee appointment, is non-refundable.
2. Delivery dates for photographs are only binding if they have been expressly confirmed by the photographer. The photographer is responsible for exceeding the deadline only for intent and gross negligence, not for malfunction of equipment, extended shipment time of photographic lab.
3. Complaints of any kind must be received within 7 days of receipt of photographs by the photographer. After this period, the delivery is accepted as authentic.
4. If rescheduling is needed due to sickness, injury or a scheduling conflict, the photographer is to be contacted at least 48 hours prior to session appointment. Your session can be rescheduled at the photographers earliest available date within 4 weeks of original appointment.
5. The photographer reserves the right to reschedule a session due to illness, emergency, death in the family, inclement weather, and other unforeseen events beyond her control. The client will be informed of any such occurrences as soon as possible and will be sure to reschedule at the earliest date available. VI. Privacy Information collected from clients in person, over the phone, in emails or through the photographers website is strictly confidential. No exchange of names or any other personal information about the client to be given to third parties.
VII. Use of Images
1. Reproduction of photographs by the photographer is prohibited in any way without the prior written consent of the photographer.
2. The transfer of rights does not include the right to store and reproduce, if this right was not expressly delegated.
3. The spread of photographs of the photographer on the Internet and intranets, online databases, electronic archives, which are intended not only for internal use by the client, CD-ROM or similar media, is only permitted by special agreement between the photographer and client.
4. The transfer of digitized photographs on the internet and intranets, data sources and devices that are suitable for reproduction on screens or for the manufacture of soft and hard copies, requires the prior written consent of the photographer.
5. Reproduction, changes and editing of digital files require the prior written consent of the photographer.
6. The photographer is not obligated to provide digital files or data to the client, if this was not agreed upon in writing and paid for separately.
7. The photographer retains the right to use client images for self-promotion by the photographer, such as the Internet, in print or in publications such as in book form. Requests by the client not to be published in any way have to be received in writing.
Anna Stefanie Eberle, Photographer/CEO
Contact: Anna Stefanie Eberle, Professor-Rippel-Str. 63, 55765 Birkenfeld
Tax Identification: 09/034/30675
International Tax ID - Ust-IdNr. DE284421914
Handwerkskammer Koblenz, Betriebs-Nr. 79451