I. General Provisions
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The following General Terms and Conditions apply to all business transactions of photographer Gerhard Blank and Luftbildmuenchen.com. They are deemed accepted unless expressly objected to. Any special agreements deviating from these terms shall only be valid if confirmed in writing.
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Within the meaning of these GTC, “photographs” (Lichtbilder) include all products created by the photographer, regardless of technical form or medium (negatives, slides, prints, digital still images, videos, files, etc.).
II. Copyright
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The photographer retains copyright to all photographs in accordance with the German Copyright Act (UrhG).
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Photographs created by the photographer are intended solely for the use of the client or the commissioning agency.
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Unless otherwise expressly agreed in writing, only a simple (non-exclusive) right of use is granted. The transfer of usage rights to third parties requires a separate written agreement and prior consultation with the photographer.
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Usage rights are transferred to the client only after full payment of the agreed fee.
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Pursuant to § 60 UrhG, the client has no right to reproduce or distribute the photographs unless the corresponding usage rights have been granted.
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When the photographs are used, the photographer may require to be credited as the author, unless otherwise agreed. Any violation of the right to be credited may result in claims for damages.
For commissioned work, a usage period of 24 months is granted initially. Extended usage or a full buyout of rights must be negotiated in advance and agreed upon in writing.
III. Fees, Retention of Title
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The production of photographs is subject to an hourly rate, daily rate, or agreed flat fee. Additional costs (travel expenses, model fees, allowances, props, laboratory and material costs, studio rental, etc.) are either included in a flat-rate offer or listed separately and must be borne by the client. Fees are quoted net plus applicable VAT.
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Payment is due within two weeks of receipt of the invoice unless otherwise stated. After a reminder, the client shall be in default. Offsetting or retention rights are only permissible in the case of undisputed or legally established claims. Reminder fees and legal costs shall be borne by the client.
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Delivered photographs remain the property of the photographer until full payment has been received.
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Complaints regarding artistic interpretation or technical design are excluded. The client is aware of the photographer’s style. If the client requests changes during or after production, additional costs shall be borne by the client. The photographer retains the right to compensation for work already performed.
IV. Liability
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The photographer shall only be liable for breaches of duty not directly related to essential contractual obligations in cases of intent or gross negligence.
Liability for injury to life, body, or health, or for breaches of essential contractual obligations caused by culpable conduct, remains unaffected.
For damage to objects being photographed, templates, films, displays, layouts, negatives, or data, the photographer shall only be liable in cases of intent or gross negligence unless otherwise agreed.
In the event of loss or damage to images, negatives, or digital media, liability is limited to the creation of new images or the arrangement of a replacement shoot. Further claims are excluded. Items provided must be insured by the client against damage, loss, theft, and fire.
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The photographer shall store photographic works with due care but is entitled (though not obligated) to destroy archived material one year after completion of the assignment.
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The photographer is only liable for lightfastness and durability within the warranty conditions of the manufacturers of the photographic materials or digital storage media used.
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Minor color differences in digital photography may occur and do not constitute grounds for complaint.
V. Usage Rights / Personality Rights
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The client acquires only the agreed usage rights for the specified commercial purpose. Reproduction and distribution to third parties for private purposes are permitted. Any further commercial or public use requires prior written consent. Ownership rights are not transferred.
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The photographer is expressly permitted to use the created photographs and films for his own PR purposes and as archive material for marketing, while respecting privacy and personality rights. The images may be published on his website, social media channels, brochures, PDFs, or flyers without naming individuals or locations and without direct reference to the respective person, object, or building. By commissioning the photographer, the client expressly agrees to this. Any objection must be submitted in writing prior to assignment and may be accepted at the photographer’s discretion.
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If identifiable persons, objects, or buildings are depicted, the client guarantees that the necessary consent for publication, reproduction, and distribution has been obtained. The photographer shall not be liable for third-party claims arising from a lack of such consent and shall be fully indemnified by the client.
VI. Client’s Duty to Cooperate
The client must ensure that all information necessary for the execution of the assignment (directions, special requests, location details, timing, etc.) is provided in due time.
VII. Performance Disruptions, Cancellation Fees
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If the scheduled time for the assignment is significantly exceeded for reasons beyond the photographer’s control, the agreed flat fee may increase proportionally. If time-based billing is agreed, waiting time shall also be compensated unless the client proves no damage occurred. In cases of intent or negligence by the client, the photographer may claim damages.
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Delivery dates are only binding if expressly confirmed in writing. The photographer is only liable for delays in cases of intent or gross negligence. Delays do not entitle the client to price reduction or damages.
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Cancellations must be made in writing. Depending on how short notice the cancellation is, a reasonable cancellation fee may be charged.
VIII. Data Protection
Personal data required for business transactions may be stored. The photographer undertakes to treat all information obtained in connection with the assignment confidentially.
IX. Digital Photography
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The digitization, storage, and reproduction of photographs on data carriers of any kind require prior written consent. The author must always be credited. For commercial commissioned work, this consent is granted upon assignment.
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Data storage is carried out using storage media declared faultless within the manufacturer’s warranty. No liability is accepted for damage caused by transferring supplied data to the client’s computer system.
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Minor deviations in color or contrast may occur due to different monitor calibrations and do not constitute grounds for complaint.
X. Contractual Penalty, Damages
Any unauthorized commercial use, reproduction, distribution, or publication of image material without the consent of Gerhard Blank Photography shall result in a contractual penalty of twice the agreed usage fee per case, but at least €100 per image per case. Further claims for damages remain reserved.
XI. Amendments
Any agreements deviating from these GTC must be made in writing prior to assignment and on a case-by-case basis.
