1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as GTC) shall apply to consumers pursuant to § 13 BGB (German Civil Code) and companies pursuant to § 14 BGB (German Civil Code) for the provision of services and work by LenaGu Photography.
1.2 By placing an order, the Customer acknowledges the validity of these Terms and Conditions for the business relationship between the parties. The General Terms and Conditions shall also apply to all subsequent orders of the customer without the need for a further express inclusion of these General Terms and Conditions.
1.3 All regulations deviating from these GTC require a separate written agreement of the parties in individual cases. If the customer is a consumer, the text form shall be sufficient for advertisements or declarations to be made by the customer to LenaGu Photography or third parties, deviating from the foregoing.
1.4 Deviating general terms and conditions of the customer shall only be valid if expressly acknowledged in writing by LenaGu Photography. This shall also apply if LenaGu Photography does not expressly object to the terms and conditions or delivery conditions of the customer or if services are rendered without reservation.
1.5 The prices at the time of booking a shooting or other service shall apply. If certain discount or special offers are advertised, these are limited in time or quantity.
2. Conclusion of contract and subject matter of contract
2.1 "Photographs" within the meaning of these GTC are all products produced by the Photographer, regardless of the technical form or medium in which they were produced or exist (e.g. printed images, negatives, data, digital images and albums, photo books, videos, etc.).
2.2 The contractual relationship shall be based on the offer submitted by LenaGu Photography including the associated service descriptions. Unless otherwise specified, the offer shall be valid for a period of four weeks from receipt of the offer by the customer.
2.3 By accepting the offer, the customer accepts the conditions contained therein and the validity of these terms and conditions. Acceptance may also be made by email or by telephone.
2.4 The object of the assignment of LenaGu Photography by a customer may be, for example, a Newborn shooting, a family shooting or a family reportage.
3. Modalities of service provision - photo production
3.1 In the case of more extensive recordings or productions, the procedure shall be roughly determined between the two parties beforehand. If the customer has specific wishes, these must be expressed to LenaGu Photography.
3.2 In particular, the customer must ensure that the selected location/location can also be used and photographed on the day of the agreed shoot. The customer has to take care of an appropriate consent, unless something else was agreed upon in writing between the parties.
3.3 In the event that LenaGu Photography prepares a cost estimate, it should be noted that this is a non-binding cost estimate which was prepared on the basis of the information and wishes of the customer. Only after the end of the shooting can the actual costs be determined and calculated.
3.4 In the event that it is necessary to involve third parties (e.g. stylists, make-up artists, assistants), LenaGu Photography is entitled to commission these third parties on behalf of and for the account of the customer. In this case, NO contract is concluded between LenaGu Photography and the third party.
3.5 LenaGu Photography shall select the photographs shown to the Customer after the photo production. An individual agreement deviating from this principle is possible.
4. Modalities of service provision - provision of photographic material
4.1 All photographic material is copyrighted photographic works pursuant to § 2 Para. 1 No. 5 UrhG.
4.2 The photographic material is the property of LenaGu Photography. The customer is prohibited from passing on the material to third parties.
4.3 A period of 14 days from the date of receipt (for digital images - from the date of access) shall apply to any complaints regarding the photographic material. After expiry of this period, the photographic material shall be deemed to have been received in accordance with the contract and in due form.
4.4 A complaint concerning the technical implementation or the artistic design is excluded.
4.5 Analogue image material must be returned immediately after use, at the latest after 1 month. Alternatively, the images can be purchased from LenaGu Photography. The return must be insured. The customer bears the risk of loss or damage of the images until they are received by LenaGu Photography.
4.6 Digital image data which are only made available for viewing by LenaGu Photography and which the customer does not wish to acquire must be deleted after the one-month period has expired or the data carrier must be destroyed. Alternatively, the usage period can be extended against payment of a corresponding license fee.
5. Delivery of documents
5.1 LenaGu Photography reserves all rights to the documents handed over within the framework of order processing.
5.2 LenaGu Photography is not prevented from offering these services to third parties or using them for its own purposes. The customer shall not be entitled to use or process such services in any form whatsoever or to use them as a basis for the production of his own material. If and to the extent that an order is not placed, the Customer shall be obliged to return all presentation documents submitted by LenaGu Photography immediately or to delete them from existing data carriers.
5.3 Any unauthorized disclosure of documents to third parties, their publication, distribution, duplication or other use by the Customer or third parties commissioned by the Customer shall oblige the Customer, without prejudice to any other claims by LenaGu Photography, to pay the fee provided for the relevant documents.
6. Cancellation of dates bindingly booked by the customer
6.1 As soon as the customer has received a confirmation message from LenaGu Photography, LenaGu Photography will keep this date free for the customer. He can therefore not accept any further offers for this day.
6.2 For this reservation a reservation fee of 50% of the total amount (fees for shooting and usage fee) is due. The invoice for this amount will be sent to the customer after the confirmation message. This reservation fee will be credited in the event that the entire order is processed. The reservation fee will be retained if the order is cancelled. It is to be regarded as compensation for the fact that other orders could not be accepted for this date.
6.3 If the customer books an equivalent shooting at a later date - within one calendar year - the paid reservation fees will be deducted.
6.4 If the shooting is interrupted by the customer for any reason whatsoever, the full fee (shooting fee and usage fee for the pictures taken) is due. If no pictures could be made, only the shooting fee is due.
7. Cancellation by LenaGu Photography - changes in the shooting process
7.1 If LenaGu Photography is unable to execute the order due to force majeure, accident or illness, or if it is unable to deliver pictures within a previously specified period, the customer waives any claims for damages.
7.2 LenaGu Photography will endeavour to find a substitute photographer. Should the replacement photographer cause higher costs, these shall be borne by the customer. LenaGu Photography shall not be liable in the event that the substitute photographer cancels the order after it has been accepted.
7.3 Insignificant changes in the shooting procedure or a reasonable relocation of the shooting location shall not entitle LenaGu Photography to a price reduction or to withdraw from the contract. If a shooting has to be cancelled, LenaGu Photography will immediately refund any amounts already paid. Further claims are excluded, except in cases of intentional or grossly negligent conduct by employees or other vicarious agents of LenaGu Photography.
8. Taking photographs at events
8.1 LenaGu Photography points out that the customer (organizer, etc.) must ensure that the participating guests are informed that photographs will be taken at the event. If guests do not wish this, they must inform the organizer.
8.2 The customer (organiser) must inform LenaGu Photography of this and ensure that these persons are not seen in group photos etc. The customer must inform LenaGu Photography of this and ensure that these persons are not seen in group photos etc. The customer (organiser) must inform LenaGu Photography of this.
8.3 If the customer fails to provide the aforementioned information and consent to his guests and/or LenaGu Photography in accordance with Art. 6 Para. 1 of the DSGVO, the customer thereby indemnifies LenaGu Photography against all claims asserted by third parties with regard to a violation of their personal rights, etc. The customer shall be obliged to inform LenaGu Photography of any such violation and to inform LenaGu Photography of the fact that the customer has not provided LenaGu Photography with such information and consent.
8.4 In addition, the customer must clarify in advance whether photography is permitted in the respective location (hotel, guest room, church, etc.). He must obtain the consent of the owner here.
8.5 If the customer fails to do so and if the owner or an authorized third party prohibits LenaGu Photography from taking photographs, the customer must pay all agreed fees.
8.6 Should further photographers or videographers be commissioned in addition to LenaGu Photography, LenaGu Photography must be notified in writing at least 14 days prior to the event. In addition, the client must provide the contact details of the other service providers so that the work can be arranged side by side. If no agreement can be reached here, the customer must clarify in advance what the division of tasks should look like. Complaints that can be traced back to other photographers or videographers are excluded; this also applies to guests taking photographs and filming.
9. General information for the photo shootings
As a customer of LenaGu Photography we ask you to read the following instructions carefully and to observe them:
9.1 You should arrive at the photo studio no later than 15 minutes before the scheduled date. If you are late, this time will be deducted from the recording time. It is the responsibility of LenaGu Photography to deviate from this in individual cases.
9.2 LenaGu Photography accepts no liability for valuables brought along.
9.4 Please remember to bring sufficient food (drinks and a snack) for a break during a longer shooting.
9.5 Babyshootings: If the baby has a very bad day and cries again and again, we stop the shooting and arrange a new date. For this we charge a cancellation fee of 70,- €.
9.6. Baby and child shootings: Please also think about changing clothes for your baby and for yourself.
9.7 Baby and child shootings: During the whole shoot the parents are responsible for the supervision of the child/children.
9.8 In the case of outdoor photo shootings, the above shall apply accordingly. In addition, it is important that the weather is good. It is therefore possible that an agreed date may have to be cancelled at short notice due to the weather.
9.9 The customer is obliged to cooperate within the framework of the statutory provisions in the event of service disruptions, to avoid any damage or to keep it to a minimum. In particular, any complaints must be immediately brought to the attention of the respective photographer. If the customer culpably neglects to report a defect, he forfeits his claim to a reduction in payment.
9.10. Photographs - especially those in the so-called outdoor area - are never without a residual risk. The customer is only insured against an accident and salvage within the scope of his own accident insurance. LenaGu Photography accepts no liability for this.
9.11. The customer is obligated to cooperate within the framework of the statutory provisions in the event of service disruptions, to avoid possible damage or to keep it to a minimum. In particular, any complaints must be immediately brought to the attention of the respective photographer. If the customer culpably fails to report a defect, he forfeits his claim to a reduction in payment.
9.12. Photographs - especially those in the so-called outdoor area - are never without a residual risk. The customer is only insured against an accident and salvage within the scope of his own accident insurance. LenaGu Photography accepts no liability for this.
10. Processing of the images produced
10.1 The images are basically optimized by LenaGu Photography. An extensive retouching of the number of contractually agreed images represents a high effort, which the customer must commission separately and also pay for, if not already included in the package.
10.2 After sending or providing the access option, the customer has the one-time opportunity to express wishes regarding other processing, provided that the processing presented does not correspond to the usual style of LenaGu Photography. The customer can get an impression of the usual style from the pictures shown on the website / Facebook page.
10.3 A right of complaint exists for 14 days with regard to the processed images. After delivery of the photographs or access to the image files, the customer must notify LenaGu Photography of any complaints in writing within 14 days (email is sufficient). After expiry of this period, the customer has accepted the images as proper and in accordance with the contract, so that the payment for all images is due.
11. Vouchers
11.1 The customer can purchase vouchers from LenaGu Photography. The voucher will be issued after receipt of payment. With the voucher the buyer acquires a credit for services of LenaGu Photography. The vouchers can be used by anyone who presents the voucher. A cash payment is generally excluded. If on the coupon only one achievement without monetary value is proven, then this is limited to the validity proven on the coupon. After expiration, the value of the voucher will be credited to the price list valid at the shooting.
11.2 However, the validity of the vouchers is limited to a maximum of 3 years after issue.
12. Rights of use and copyright
12.1 LenaGu Photography is entitled to the copyright to all photographs taken in accordance with the Copyright Act.
12.2 Photographs are primarily taken for the private use of the customer. The customer receives a simple, non-transferable, temporally and spatially unrestricted license to use the pictures produced for him privately and also to pass them on in the family and circle of acquaintances.
12.3 In the case of application pictures, the dispatch to third parties is part of the usual use.
12.4 Reproduction, processing and distribution of the photographs is not permitted.
12.5 A use as a profile picture in social media is also permitted, provided that the correct copyright identification takes place.
12.6 If the customer wishes to use the photographs commercially, e.g. for his company website, for advertising purposes, on flyers and in social media, this must be agreed separately within the framework of a licence agreement. There it is stated for which purposes the rights of use are transferred.
12.7 LenaGu Photography grants the customer the rights of use to the intellectual property rights of the services provided by LenaGu Photography exclusively for the specifically agreed use. The scope of such grants of rights in terms of space, time and subject matter shall be governed exclusively by the contractual agreement and the purpose of the contract. § Section 31 (5) UrhG also applies to all services not protected by copyright. Rights shall only be transferred if this has been expressly agreed in writing. The customer acquires the contractually agreed rights only upon full payment of all claims arising from the order.
12.8 If the Customer wishes an extended right of use or the original files of the photographs for further processing after completion of the order, LenaGu Photography must be informed or the file requested. For the extension, user fees shall be charged, which shall be calculated according to the scope of the right of use. If an original file is made available, double the remuneration of the previous order can be charged as remuneration.
12.9 LenaGu Photography retains ownership of the negatives, raw files of the images (RAW) and digital data carriers created for the execution of the customer order.
12.10. Upon request by LenaGu Photography, the customer is obliged to provide information on the scope of use of the services.
12.11. In the case of publications, the customer shall name LenaGu Photography as the author in a manner customary in the industry. In the case of publications, the customer shall name LenaGu Photography as the author as follows: LenaGu Photography.
12.12. The naming of the author must take place directly on the image. A publication in the social media is permitted exclusively for private purposes. Deviations from this principle are to be agreed separately between the parties and are also liable to pay costs.
12.13. The transfer of the rights granted to the customer to third parties or use for purposes other than those contractually agreed requires the separate written consent of LenaGu Photography in individual cases.
12.14. Originals (RAW) and negatives remain the property of LenaGu Photography, unless otherwise agreed.
13. Customer pictures and their processing
13.1 If the customer hands over or sends his own images for further processing or product manufacture, LenaGu Photography has a copyright to the created product, the copyright to the image lies with the customer.
13.2 The customer declares that he is the originator of the images when the images are sent. If you are not, you are liable to us that you may use the images without restriction within the scope of the above rights of use. In this respect, you release LenaGu Photography from any claims by third parties.
13.3 LenaGu Photography is entitled to check the image files sent or transmitted by the customer for processing to determine whether they violate LenaGu Photography's corporate guidelines (e.g. no nude photos). In this case, LenaGu Photography is entitled to destroy the images and not execute the order. LenaGu Photography is not obliged to check compliance with statutory regulations or other regulations.
13.4 LenaGu Photography accepts no liability for the images/videos provided by the customer. The customer exempts LenaGu Photography from any liability, including the costs of necessary legal defence against third parties, for such content.
13.5 If services provided by LenaGu Photography are not usable in whole or in part due to the images provided by the customer, LenaGu Photography's claim to remuneration shall remain unaffected.
13.6 If the customer provides LenaGu Photography with files of images for the execution of an order (e.g. printing on a T-shirt, mobile phone cover, key fob), LenaGu Photography shall be granted a simple right of use to the image files for the purpose of manufacturing the products. This also includes the processing of the images.
14. Obligations to cooperate - deadlines and force majeure
14.1 Delivery dates and deadlines foreseen for LenaGu Photography with regard to the transfer of the images are always subject to confirmation and are only binding if they have been expressly agreed in writing as a fixed date in individual cases. LenaGu Photography shall endeavour to make the images available within 1 week.
14.2 Compliance by LenaGu Photography with a deadline or a deadline agreed as binding presupposes that LenaGu Photography has received all information, releases or other contributions to be procured by the customer in good time, including due advance payments. If this is not the case or if non-compliance with a deadline is due to circumstances for which LenaGu Photography is not responsible, the deadline shall be extended at least for the period in which these circumstances existed.
14.3 Force majeure, unavoidable circumstances or other unforeseeable, serious and unindebted events, which make the provision of the service considerably more difficult or temporarily impossible, entitle the respective party to postpone the performance of the service for the duration of the hindrance and a reasonable start-up period.
15. Remuneration modalities
15.1 Billing shall be based on the fees stated in the respective offer of LenaGu Photography.
15.2 In accordance with §19 para. 1 of the German Value Added Tax Act, no value added tax shall be levied.
15.3 Further costs, such as travel expenses, accommodation costs, expenses, material and laboratory costs are not included in the fee and must be borne by the customer in addition.
15.4 The customer is not entitled to assert or offset a right of retention against payment claims of LenaGu Photography, unless these are undisputed or titled counterclaims of the customer.
15.5 If the Customer uses services of LenaGu Photography to a greater extent than provided for at the time of the conclusion of the contract, so that the agreed remuneration is in striking disproportion to the income and benefits from the use of the services, the Customer shall be obliged, upon request, to agree to an amendment to the contract which grants remuneration of LenaGu Photography that is reasonable under the circumstances.
16. Invoicing, retention of title
16.1 LenaGu Photography is entitled to invoice an advance payment of 50% of the agreed or expected remuneration after placing the order. In addition, LenaGu Photography is entitled to invoice the customer for partial payments for partial services already rendered.
16.2 Invoicing by LenaGu Photography shall take place after the partial or total service has been rendered.
16.3 LenaGu Photography reserves all property rights and rights of use to the work results, products already delivered to the customer or other services until the order has been paid for in full.
16.4 Invoices are due for payment within 7 days or, depending on the shooting/agreement, the amount is due on the day the photo session and must be brought in cash at the agreed date. On the day the photo session, the payment can also be made by card, as we accept EC cards and all other popular debit or credit cards.After expiry of the aforementioned period, LenaGu Photography shall be entitled, without prejudice to other claims, to claim default interest in the amount of the relevant paragraph of § 288 BGB (German Civil Code).
17. Transfer of the contract
17.1 LenaGu Photography is entitled to call in subcontractors in its own name to provide the agreed services or parts thereof without requiring the customer's separate consent. The liability of LenaGu Photography for the services remains unaffected.
18. Confidentiality
18.1 The contracting parties shall maintain secrecy with regard to all information to be treated as confidential which comes to their knowledge within the framework of the contractual relationship and shall only use such information in relation to third parties with the prior written consent of the other party.
19. Liability of LenaGu Photography and Statute of Limitations
19.1 LenaGu Photography shall be liable to the customer for damages only in the event of intent or gross negligence, except in cases of injury to body, life or health and in the event of breach of principal performance obligations.
19.2 Otherwise, the liability of LenaGu Photography is limited to contractually typical and foreseeable damages. In addition, reimbursement of the foreseeable, typically occurring damage is limited to a maximum of 5 times the amount of the order. Liability for indirect damages is excluded.
19.3 Each photographer has his own artistic style. On the LenaGu Photography website and in the preliminary discussion, the customer can take a picture of it and express his own wishes in advance. The artistic and technical design is the sole responsibility of LenaGu Photography. If the customer subsequently disagrees with the technical and / or artistic design, this does not constitute a material defect within the meaning of § 434 BGB or § 633 BGB.
19.4 LenaGu Photography is not liable for the violation of rights of persons or objects depicted - unless there is a corresponding property release.
19.5 LenaGu Photography shall not be liable for claims for damages by third parties against the customer arising from the connection of images and text created by LenaGu Photography. The presentation of images in a particular context is the sole responsibility of the customer.
19.6 If LenaGu Photography is held liable by third parties for injunctive relief or damages due to processed images provided by the customer, the customer releases LenaGu Photography from liability and reimburses LenaGu Photography for all expenses incurred in legal defense. The remuneration claim of LenaGu Photography remains unaffected by this.
19.7 The liability of LenaGu Photography for damage to documents provided to LenaGu Photography by the customer, in particular photographs, films, data, etc., shall be limited to the material value of the information provided. LenaGu Photography shall only be liable for the loss of data if the conditions for liability are met and if the loss could not have been avoided by appropriate data backup measures on the part of the customer.
19.8 LenaGu Photography shall not be liable for the availability or correct functioning of infrastructures, software or transmission paths of the Internet which are not the responsibility of LenaGu Photography.
19.9 All claims against LenaGu Photography for warranty of defects on the part of merchants shall become statute-barred after a period of one year - except in cases of intent - unless a shorter statutory limitation period applies.
19.10. All claims against LenaGu Photography for warranty against LenaGu Photography by consumers shall become statute-barred after a period of two years - except in cases of intent - unless a shorter statutory limitation period applies.
19.11. The above limitations of liability shall apply mutatis mutandis to employees or legal representatives of LenaGu Photography and third parties engaged by LenaGu Photography.
20. Storage of negatives and liability for image quality
20.1 The photographer may store the negatives for up to 3 years if he has obtained consent to do so. He is then obliged to delete them irrevocably.
20.2 LenaGu Photography shall only be liable for lightfastness and the quality of material to the extent that the manufacturer offers a corresponding guarantee.
21. Damages and contractual penalty
21.1 The customer is obliged to pay LenaGu Photography a surcharge of 100% on the agreed usage fee or a customary usage fee for omitted or incorrect copyright identification or incorrect placement of the identification.
21.2 Subject to further claims for damages, the Customer shall pay a contractual penalty in the amount of four times the agreed or customary usage fee for each case of unauthorized (without the written consent of LenaGu Photography) transfer to third parties, unauthorized falsification and processing, publication, use of the photographic material by the Customer or a third party.
22 Severability clause, place of jurisdiction and place of performance
22.1 Should any provision of these Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be deemed replaced by a valid or enforceable provision which comes closest to the purpose of the invalid or unenforceable provision.
22.2 LenaGu Photography will not participate in any dispute resolution proceedings before a consumer arbitration board.
22.3 The place of performance for all obligations arising from the contractual relationship shall be the Photographer's registered office if the contractual partner is not a consumer. If both contracting parties are merchants, legal entities under public law or special funds under public law, the place of jurisdiction shall be the Photographer's place of business.
22.4 The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods, which has been incorporated into German law, if
a) the customer has his usual residence in Germany, or
(b) the customer has his habitual residence in a State which is not a member of the European Union.
22.5 If the customer is a consumer within the meaning of § 13 BGB (German Civil Code) and has his habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.