My general terms and conditions
General Terms and Conditions of the Photographers' Trade (Federal Gazette No. 88 of May 15, 2002 – page 10,436)
I. General
Master photographer's business in Mölln (here Hokus-Focus)
1. The following terms and conditions apply to all orders placed with the photographer (here Hokus-Focus). They are considered agreed upon unless objected to immediately.
2. "Photographs" within the meaning of these Terms and Conditions are all products created by the photographer (here Hokus-Focus), regardless of the technical form or medium in which they were created or exist. (Negatives, slides, prints, still videos, electronic still images in digital form, videos, etc.)
II. Copyright
1. The photographer (here Hokus-Focus) holds the copyright to the photographs in accordance with the Copyright Act.
2. The photographs produced by the photographer (here Hokus-Focus) are generally intended only for the client's own use.
3. If the photographer (here Hokus-Focus) transfers rights of use to his works, then – unless expressly agreed otherwise – only a simple right of use is transferred in each case. The transfer of further rights of use requires a separate agreement.
3a. After each photo shoot – at the latest when the photos are picked up – the photographer (in this case, Hokus-Focus) will ask whether the photos may be displayed. The client has the right to decide whether the photos may be published on the company website, in shop windows, in photo albums, or in advertising materials (e.g., flyers). The client's decision will be carefully noted on the archive bag and can only be revoked in writing to the photographer (in this case, Hokus-Focus). Upon receipt of the revocation, all of the client's named photos will be immediately removed from public view and will not be used again.
The photographer (here Hokus-Focus) cannot be held liable for advertising flyers already in circulation that have come into other people's possession, as the customer's consent was obtained at the time the advertising was used!
3b. Personal data (address, telephone number, or email address) is temporarily stored by the photographer (in this case, Hokus-Focus), but will never be passed on to third parties without the customer's consent. Data privacy is important to us!
4. The usage rights are only transferred after full payment of the fee to the photographer (here Hokus-Focus).
5. The purchaser of a photograph within the meaning of Section 60 of the German Copyright Act (UrhG) has no right to reproduce and distribute the photograph unless the corresponding rights of use have been transferred. Section 60 of the German Copyright Act (UrhG) is expressly excluded.
6. When the photographs are used, the photographer (here Hokus-Focus), unless otherwise agreed, has the right to be credited as the author of the photograph. Violation of the right to attribution entitles the photographer to damages.
7. The negatives remain with the photographer (here Hokus-Focus). Release of the negatives to the client will only occur by separate agreement.
III. Remuneration, Retention of Title
1. A fee for the production of the photographs will be charged as an hourly rate, daily rate, or agreed flat fee, plus statutory VAT; incidental costs (travel expenses, model fees, expenses, props, lab and material costs, studio rentals, etc.) are to be borne by the client. When dealing with end consumers, the photographer (here Hokus-Focus) will quote final prices including VAT.
2. Invoices are due within 14 days without deduction. The client will be in default if they fail to pay invoices within 30 (thirty) days of receipt of an invoice or equivalent payment request. The photographer (here Hokus-Focus) reserves the right to initiate default proceedings earlier by issuing a reminder after the due date.
3. Until full payment of the purchase price, the delivered photographs remain the property of the photographer (here Hokus-Focus).
4. If the client has not given the photographer (here Hokus-Focus) explicit instructions regarding the composition of the photographs, complaints concerning the image concept and the artistic and technical aspects are excluded. If the client requests changes during or after the photo shoot, they shall bear the additional costs. The photographer (here Hokus-Focus) retains the right to payment for work already begun.
IV. Liability
1. For breaches of obligations not directly related to essential contractual obligations, the photographer (here Hokus-Focus) and his agents are liable only in cases of intent or gross negligence. Furthermore, he is liable for damages resulting from injury to life, body, or health, as well as from breaches of essential contractual obligations caused by his or his agents' culpable negligence. Unless otherwise agreed, the photographer (here Hokus-Focus) is liable for damage to photographic subjects, templates, films, displays, layouts, negatives, or data only in cases of intent or gross negligence.
2. The photographer (here Hokus-Focus) will carefully store the negatives/digital image files. He is entitled, but not obligated, to destroy original data/negatives stored by him after three years (from the completion of the assignment).
After 3 years, negatives and/or digital image files can be purchased.
3. The photographer (here Hokus-Focus) is liable for the lightfastness and durability of the photographs only within the scope of the warranty services provided by the manufacturers of the photographic material.
4. The sending and return of films, images, and templates is at the client's expense and risk. The client may specify how and by whom the return shipment is to be made.
V. Ancillary duties
1. The client warrants that they possess the reproduction and distribution rights to all materials provided to the photographer (here Hokus-Focus) and, in the case of portraits, that they have obtained the consent of the individuals depicted for publication, reproduction, and distribution. The client shall be liable for any third-party claims arising from a breach of this warranty.
2. The client agrees to provide the objects to be photographed in a timely manner and to collect them immediately after the shoot. If the client fails to collect the objects within two business days of being requested to do so, the photographer is entitled to charge storage fees or, if the objects are blocking studio space, to store them elsewhere at the client's expense. All transport and storage costs are the responsibility of the client.
VI. Service disruption, cancellation fee
1. If the photographer (here Hokus-Focus) provides the client with several photographs for selection, the client must return the unselected photographs at their own expense and risk within one week of receipt – unless a longer period has been agreed upon. The photographer (here Hokus-Focus) may demand payment for lost or damaged photographs, provided that the loss or damage is not attributable to them.
2. If the photographer (here Hokus-Focus) provides the client with images from their archive, the client must return the unselected images within one month of receipt and the selected images within one month of use. If the client fails to return the images on time, the photographer (here Hokus-Focus) may charge a blocking fee of €1 (one euro) per day and image, unless the client proves that no damage was incurred or that the actual damage is less than the flat-rate fee. In the event of loss or damage that precludes further use of the images, the photographer (here Hokus-Focus) may claim damages. These damages amount to at least €100 (one hundred euros) for each original and €20 (twenty euros) for each duplicate, unless the client proves that no damage was incurred or that the actual damage is less than the flat-rate fee. The photographer reserves the right to claim higher damages.
3. If the time allotted for the execution of the assignment is significantly exceeded for reasons beyond the photographer's (here, Hokus-Focus's) control, the photographer's (here, Hokus-Focus's) fee will be increased accordingly, provided a flat rate was agreed upon. If an hourly rate was agreed upon, the photographer (here, Hokus-Focus) will also receive the agreed hourly or daily rate for the waiting time, unless the client proves that the photographer (here, Hokus-Focus) incurred no loss. In cases of intent or negligence on the part of the client, the photographer (here, Hokus-Focus) may also assert claims for damages.
4. Delivery dates for photographs are only binding if they have been expressly confirmed by the photographer (here, Hokus-Focus). The photographer (here, Hokus-Focus) is only liable for delays in delivery in cases of intent or gross negligence. VII. Data Protection Personal data of the client required for business transactions may be stored. The photographer (here, Hokus-Focus) undertakes to treat all information obtained in the course of the commission as confidential.
VIII. Digital/Digitized Photography
1. The digitization, storage and reproduction of the photographer's (here Hokus-Focus) photographs on data carriers of any kind requires the prior written consent of the photographer (here Hokus-Focus).
2. The transfer of usage rights does not include the right to store and reproduce the images unless this right has been explicitly transferred! In case of infringement, we will immediately file a complaint, and the photographer (here, Hokus-Focus) may claim damages. The damages amount to at least €1,000 (one thousand euros) for each scanned, duplicated, and/or published photo for which the rights have not been purchased/transferred!
3. The right to the image will be transferred to third parties (here: the office) for e-passport photos (from May 2025).
IX. Image Editing
1. The editing of photographs by the photographer (here Hokus-Focus) and their reproduction and distribution, whether analog or digital, requires the prior consent of the photographer (here Hokus-Focus). If a new work is created through photo-compositing, montage, or other electronic manipulation, it must be marked with [M]. The copyright holders of the works used and the copyright holder of the new work are co-authors within the meaning of Section 8 of the German Copyright Act (UrhG).
2. The client is obliged to digitally store and copy the photographer's (here Hokus-Focus) photographs in such a way that the photographer's name is electronically linked to the image data.
3. The client is obliged to ensure that this electronic link is maintained in such a way that it is preserved in every type of data transmission, in every display on screens, in all types of projections, especially in every public display, and that the photographer (here Hokus-Focus) is clearly and unambiguously identifiable as the author of the images.
4. The client warrants that they are authorized to commission the photographer (here Hokus-Focus) to digitally process third-party photographs, should they issue such a commission. They shall indemnify the photographer (here Hokus-Focus) against all third-party claims arising from a breach of this warranty.
X. Use and distribution
1. The distribution of photographs by the photographer (here Hokus-Focus) on the Internet and intranets, in online databases, in electronic archives not intended solely for the internal use of the client, on floppy disks, CD-ROMs or similar data carriers is only permitted on the basis of a special agreement between the photographer (here Hokus-Focus) and the client.
2. The distribution of digitized photographs on the Internet and intranets and on data carriers and devices suitable for public display on screens or for the production of soft and hard copies requires the prior written consent of the photographer (here Hokus-Focus).
3. The reproduction and distribution of edits created electronically by the photographer (here Hokus-Focus) require the prior written consent of the photographer (here Hokus-Focus).
4. The photographer (here Hokus-Focus) is not obliged to hand over data carriers, files and data to the client unless this has been expressly agreed in writing.
5. If the client wishes the photographer (here Hokus-Focus) to provide him with data carriers, files and data, this must be agreed upon and compensated separately.
6. If the photographer (here Hokus-Focus) has provided the client with data carriers, files and data, these may only be altered with the prior consent of the photographer (here Hokus-Focus).
7. The risk and costs of transporting data carriers, files and data online and offline lie with the client; the contractor may determine the method of transmission.
XI. Vouchers
Vouchers are valid for 2 years from the date of issue.
XII. Final Provisions
The place of performance for all obligations arising from the contractual relationship is the photographer's registered office (here Hokus-Focus, Mölln), unless the contractual partner is a consumer. If both contractual parties are merchants, legal entities under public law, or special funds under public law, the photographer's registered office is agreed as the place of jurisdiction.