Portrait of an Artist, Gardener, and Deputy Mayor
3 July 2026
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Terms and Conditions
This is an English translation of my German terms and conditions for your convenience. Only the German version at https://jansoehlke.com/de/allgemeine-geschaeftsbedingungen/ is legally binding.
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. Incorporation
The photographer refers to these terms and conditions in his quotes. They become part of the contract when the client accepts a quote.
3. Different conditions
Any objection to these terms and conditions must be made in writing (e.g. via email). 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. Consumers have a statutory right of withdrawal, as set out in the withdrawal notice, for contracts concluded exclusively by means of distance communication (e.g. email, telephone) or outside business premises.
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 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. Items shown in the quote as charged by effort or as estimated effort are non-binding estimates; the actual effort is invoiced. If it becomes apparent that such an estimate will be exceeded by more than 15 %, the photographer shall inform the client without delay.
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. For business clients: 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 restricted exclusive right of use, unlimited in territory, time and content. Restricted means that the photographer retains the right to use the images for his own purposes under clause 21.
- 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.
19. Transfer of rights
The transfer of usage rights to third parties is generally not permitted. This requires the photographer’s prior written consent, even if the transfer involves subsidiaries or similar entities. This also applies to databases. The photographer will make the granting of consent dependent on the payment of an appropriate license fee.
20. Artificial Intelligence
The use of the images for AI learning purposes and for the creation of new works using artificial intelligence is prohibited.
21. Personal use and naming
The photographer reserves the right to use all images created for his own personal use and for his own promotional purposes. The images may be used both unaltered and modified, provided the privacy rights of the individuals depicted are respected. Embargo periods require a separate written agreement in all cases. The photographer must be credited as the author in every publication without exception. Failure to credit, or incomplete, incorrect or unattributable credit, will result in a surcharge of 100% of the usage fee. If the usage is included in the overall fee, the customary usage fee according to the current picture fee guidelines of the Mittelstandsgemeinschaft Foto-Marketing (MFM) applies. The client may prove that no loss or a significantly lower loss was incurred.
COMPENSATION
22. Fees and payment terms
For commissioned productions and photo licensing, the agreed fee applies. Agreed remuneration and fees are specified in the offer or contract. As a small business owner within the meaning of Section 19 (1) of the German VAT Act (UStG), the photographer does not charge VAT. Should the small business scheme cease to apply, prices for business clients are subject to statutory VAT. The client may only set off, or withhold payments on the basis of, claims that are undisputed or have been finally established by a court. This does not apply to counterclaims arising from the same contract, in particular claims due to defects.
23. Due date
Invoices are payable without deduction within 10 days of receipt. This also applies to interim and partial invoices, which the photographer may issue after completing individual phases of work. In the event of late payment, default interest and, for business clients, the lump-sum default charge under Section 288 of the German Civil Code (BGB) apply.
24. Additional costs
All secondary costs incurred in connection with the contract (e.g. material costs, third-party fees, travel costs, expenses) are not included in the fee and are borne by the client.
25. Use of the images
The fee is due even if the images are not used. Until the agreed fee is paid in full, the client or licensee is prohibited from using the images in any way.
26. Cancellation and withdrawal
If the client cancels an agreed appointment, the following applies:
- up to 7 days before the appointment: free of charge,
- from 7 days up to 48 hours before the appointment: 50 % of the agreed fee,
- less than 48 hours before the appointment: 100 % of the agreed fee
Expenses and third-party costs already incurred must be reimbursed in all cases. The client may prove that the photographer suffered no loss or a significantly lower loss; the photographer may prove a higher loss.
In the event of force majeure or other unforeseeable events beyond his control, the photographer may withdraw from an appointment; in this case the client has no claim for damages.
The statutory right of withdrawal of consumers (see withdrawal notice) remains unaffected.
27. Voucher copies
The clients undertake to provide the photographer with a copy (e.g. print edition, file, internet link) without being asked to do so and no later than six weeks after publication.
LIABILITY
28. Damage
The photographer is liable without limitation for intent and gross negligence and for damage resulting from injury to life, body or health. In cases of slight negligence, he is liable only for breach of an essential contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the client may rely; in this case, liability is limited to the typical, foreseeable damage. The photographer is not liable for force majeure or technical faults beyond his control. Liability under the German Product Liability Act remains unaffected.
29. Personal rights
The clients represent and warrant that the individuals involved in the photographing have given their consent. The clients must maintain appropriate written releases and hand them over to the photographer. These consents must also cover the photographer’s use of the images for self-promotion under clause 21. If they do not, the client shall inform the photographer before the shoot begins.
30. Third-party rights
The clients are liable for ensuring that the licensed photos do not infringe the rights of third parties, in particular personal rights, trademark rights and/or copyrights. This also applies to the photographer’s own use under clause 21 insofar as it concerns objects, trademarks or premises provided by the client for the photographs.
DATA PROTECTION
31. Storage of personal data
The client’s personal data required to fulfill the contract will be stored by the photographer. The photographer undertakes to treat all personal data of the client in accordance with applicable data protection regulations and not to disclose it to third parties unless this is necessary to fulfill the contract.
32. Information
The photographer undertakes to treat all information obtained in the course of the assignment as confidential and not to use photographs – except for his own use – without the consent of the client.
FINAL PROVISIONS
33. Changes and additions
Unless otherwise provided in these Terms and Conditions, amendments, additions, and ancillary agreements must be made in writing (e.g. email) to be effective.
34. Place of jurisdiction
The laws of the Federal Republic of Germany apply, even for deliveries abroad. The place of jurisdiction is determined by the statutory provisions. If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the photographer’s place of business.
35. Severability Clause
Should any of the above provisions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a suitable, economically and legally effective replacement provision shall be agreed upon by mutual consent.
Last updated 25 October 2026
Terms and Conditions based on a template from https://www.fotoexperten24.de/
Contact me
You are looking for a photographer who will strengthen your visual identity or you have a photography project in mind you’d like to discuss? Get in touch, and we’ll make it happen:
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