Terms and Conditions

SCOPE

1. Scope

Unless otherwise agreed in writing, these General Terms and Conditions (GTC) apply to all offers, contracts, services, deliveries, and licensing agreements between the photographer Dr. Jan Söhlke, Milter Weg 51, 48291 Telgte (hereinafter referred to as the “Photographer”) and the client (hereinafter referred to as the “Client”). They also apply to further similar contracts without further notice.

2. Acceptance

These terms and conditions are deemed to be accepted upon placing the order, or at the latest upon receipt of the image material.

3. Different conditions

Any objection to these terms and conditions must be made in writing. Deviating terms and conditions of the client or licensee will not be recognized unless the photographer expressly agrees to their validity in writing.

CONTRACT PRODUCTION

4. Conclusion of contract

For commissioned productions, the photographer creates photographs for the client. Contracts for commissioned productions are concluded through the photographer’s offer and acceptance by the client. This must be done in writing or by email.

5. Scope of services

The scope of services to be provided is agreed upon individually and described in the respective offer or contract. If no separate agreement is made, the photographer will select the agreed number of images from the completed photographs at his or her own discretion and provide them to the client via data transfer or on a data storage device. Additional services provided by the photographer, such as image editing, storage, creation of a photo gallery, printing, etc., must be agreed upon individually.

6. Conception

Concepts created by the photographer are independent services that must be paid for separately.

7. Exceedances

If the booked time period is exceeded for commissioned productions for which the photographer is not responsible, the photographer’s flat rate or hourly fee will be increased accordingly.

8. Requirements catalogue

The photographer receives a list of requirements from the client. This forms the basis for the photographs to be created and the cost estimate. The client must submit the complete, final, and written list to the photographer before the start of the concept development process. Failing this, the previous communication (e.g., email exchanges and notes taken by the photographer during meetings) will serve as the basis for the production of the photographs.

9. Attendance

The client or their authorized representative agrees to be present during the production of the images and to give their consent to the photographer’s creative decisions. The final decision rests with the photographer. If neither the client nor their authorized representative is present, the client may not reject the work at a later date. Re-creation of images will then no longer be subject to the original contract and will be invoiced separately.

10. Services provided by third parties

The photographer is authorized to commission third-party services that must be purchased to carry out the production, in the name and with authority and for the account of the client.

11. Assumption of tasks by the client

If the client undertakes tasks that are a prerequisite for production (e.g., obtaining information, objects, approvals, booking models, locations, or catering), it is the client’s responsibility to ensure that these are provided on time and in full. Circumstances arising from this obligation that could jeopardize the timely start and/or contractual scope of the photo production must be reported to the photographer immediately upon becoming aware of them. If this results in a delay in the production of the photo shoot, the client will bear all costs incurred as a result of the delay (e.g., hotel accommodations, booking locations and/or models, hair and makeup artists, assistants, etc.).

12. Additional services

Additional services not expressly listed in the contract or offer will be charged separately.

13. Delivery dates

The images will be delivered to the client upon completion of the project in the agreed format and within the agreed timeframe. The photographer is not obligated to create a backup copy of the images unless expressly agreed upon. Delivery dates are only binding if expressly agreed upon in writing.

14. Data format

The parties will mutually determine the data format of the images. If no separate agreement is made, the photographer determines the file format. The provision of RAW files is possible, but requires a separate agreement in each case.

15. Complaints

If the client has not given the photographer explicit instructions regarding the composition of the photographs, complaints regarding the image conception and the artistic-technical design are excluded. If the photographer has not received written complaints within 7 days of delivery of the photographs, the photographs will be deemed to have been accepted in accordance with the contract and free of defects.

RIGHTS OF USE

16. Copyright

The client acknowledges that the supplied images are copyrighted photographic works within the meaning of Section 2, Paragraph 1, Item 5 of the German Copyright Act. The copyright usage rights to the created images remain with the photographer.

17. Metadata

The copyright-relevant metadata of the image files may not be altered or deleted. It is the client’s responsibility to ensure, both technically and contractually, that this data is retained every time the image is shared.

18. Licensing

A license agreement is the subject of the contract, and the clients acquire usage rights only to the extent contractually agreed. If no such agreement has been concluded, the following applies:

• Upon payment of the agreed remuneration, the photographer grants the client, whether private or business, the simply exclusive and unrestricted rights of use and exploitation of the photographs.
• For editorial assignments, the photographer grants the client only a simple right of use for one-time use for the specified purpose and in the specified publication. The photographer retains the right of secondary use.

Any kind of editing or modification of the images without the photographer’s consent is prohibited.