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General conditions of contract for commissioning photo studio services

1. Contractual relationship
The general terms and conditions of the order form the contractual relationship between the client and b+s studio as the contractor. The terms and conditions of the order apply in principle unless different agreements are expressly made in individual cases. The photo studio b+s studio (hereinafter referred to as “b+s”) creates photo and video material for private or commercial use through its own photographers in accordance with the client's specifications.

2. Definitions
The following terms are given the following specific meaning:

2.1. material
Material is the result of film and photo production by b+s. It includes both the resulting raw product and the product of physical or digital further processing, without changing the essential content. In particular, this includes advertising and marketing material, photos, video recordings, interviews, making-of scenes as well as all cuts, edits, translations or other alternative forms of production material.

2.2. Client
The client can be a consumer or an entrepreneur.

2.3. consumer
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

2.4. Entrepreneur
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. A legal partnership is a partnership that has the ability to acquire rights and incur liabilities.

3. Subject of the contract

3.1. Conclusion of contract
The contract is concluded upon commissioning by the client and after confirmation of this order by b+s (order confirmation).

3.2. Contents of the contract
The type and scope of the material to be produced is determined by the individual order. In principle, b+s is responsible for producing the ordered material and granting the rights of use in accordance with the purpose of the contract, and the client is responsible for paying the agreed remuneration. When commissioning certain material, the client can specify the framework that the material should encompass in its design. For example, he can specify specific motifs, formats or media. b+s, on the other hand, is responsible for the artistic freedom of the concrete implementation of the order and the specific design.

4. Rights of use

4.1. The rights of use are agreed separately for each order and recorded on the order confirmation and invoice. Any further use beyond the scope initially agreed upon when production was carried out must be requested and negotiated separately.

4.2. If the time of the start of use of the produced material cannot be determined, it is dated three months after the production was carried out.

4.3. Unless otherwise agreed, the right of use when commissioned by a consumer is limited to private use of the material. If commissioned by an entrepreneur, use is limited to the purpose agreed with him.

4.4. Rights of use are only granted upon payment of the agreed fee. Any use before full payment of the agreed fee is not permitted.

4.5. The client is not entitled to transfer usage rights granted to him.

4.6. No rights of use are granted to material that was sent to the client solely for viewing or to finalize the production.

4.7. As part of the transferred right of use, the b+s photographer waives his copyright to the material.

4.8. The photographer waives his right to be named.

5. Pre-selection and complaints
As a rule, a pre-selection is made together with the client from the total volume of material produced immediately after production has taken place. After the preselection, the remaining material is deleted immediately. After the pre-selection, a complaint about the production is no longer possible. From the pre-selection, the final selection is made together with the client to the extent agreed in the contract. The preselection is saved by b+s for one year; Additional usage rights can subsequently be acquired from this.

6. Image editing
Without a corresponding individual agreement, an entrepreneur as a client is not entitled to edit or change the material digitally or analogue. b+s processes the created material in accordance with the order. The personal rights of the people depicted are respected.

7. Rights of Third Parties
The client is obliged to obtain consent for the creation of the material from persons who, according to the client's instructions, take part in the photo or video production without being a party to the contract. The consent must also include consent to the collection and use of personal data and the right to edit the material. If this obligation is not met, the client undertakes to release b+s from any third-party claims and, if not, to compensate for any resulting damage.

8. Compensation

8.1. The amount of remuneration depends on the individually agreed hourly, daily or flat rate. The remuneration consists of a basic fee for the production of the material as well as a fee for the usage rights granted for the first time.

8.2. Any use that goes beyond the usage rights granted for the first time is based on separate remuneration. In the event of use in breach of contract, the usual remuneration is to be regarded as agreed.

8.3. Travel costs and expenses of the photographer
Travel costs are generally borne by the client. If travel costs and expenses are not covered by individual agreement, 0.30 euros per kilometer will be charged for traveling with your own car. Arrivals by means of transport such as train, taxi or plane will be charged for the amount of the receipt submitted.

8.4. If an action on the part of the client is required in the production of the material, b+s can, if the client defaults on acceptance due to failure to act, charge a cancellation fee of 50% of the basic fee in the event of a failure up to 24 hours before the start of the order, then demand 100% of the basic fee. 

8.5. Overtime is paid at 7.5% of the agreed daily fee for every half hour begun. However, overtime remuneration only occurs if the excessive production does not fall within the area of responsibility of b+s.

9. Liability

9.1. The parties are liable within the framework of the statutory provisions, whereby the liability of b+s and its legal representatives and vicarious agents is limited to intent and gross negligence.

9.2. If the parties are prevented from fulfilling their obligations under the agreement as a result of natural disasters, war, terrorist attacks, riots, illnesses for which they are not responsible and other cases of force majeure and these obstacles cannot be eliminated or circumvented with reasonable economic effort, the parties are released from fulfilling their obligations under the contract.

9.3. The party prevented from fulfilling its obligations is obliged to notify the other party immediately, explaining the circumstances preventing it from fulfilling them. Furthermore, it will do everything in its power to eliminate or circumvent the obstacle to performance as quickly as possible.

10. Data protection
b+s only uses any personal data generated within the scope of the contractual relationship. Personal data will not be passed on to third parties unless the transfer is required by law. The material created is saved and archived by b+s.

11. Final provisions

11.1. Should individual provisions of this agreement be or become wholly or partially ineffective, the effectiveness of the remaining provisions will not be affected. In this case, the parties undertake to replace the ineffective or unenforceable provision with an effective or enforceable provision that comes as close or as closely as possible to the meaning and purpose of the economically intended provision. The same applies to gaps in the agreement.

11.2. The agreement is subject to German law.

11.3. If the client is an entrepreneur, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Düsseldorf.

11.4. Rights and obligations under this Agreement may not be assigned in whole or in part without the written consent of the other party.

AAB b+s V. 1.2 DE, 25.09.2013

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