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1 Applicability of General Terms and Conditions ( Differing arrangements can be made legally effective only in writing. These Terms and Conditions take precedence over any terms and conditions of the customer or the mediator.   2 Copyright Policy   2.1. All copyright and intellectual property rights of the manufacturer's photo (§ § 1, 2, Paragraph 2, 73ff Copyright Act) are to the photographer. Use permits (publishing rights etc.) apply only if expressly agreed to be granted.   The contractor acquires in this case a simple (non-exclusive and non-exclusive), non-transferable (assignable) authorization to use those expressly agreed purpose and within the agreed limits (edition number, time and location restrictions, etc.), is in doubt of the invoice or mentioned in the delivery scope of use apply. In any case, the contractor acquires rights only as much as it corresponds to the disclosed purpose of the contract (order given). Unless otherwise agreed, the use permit will only be valid for a single publication (in a run), only for the medium expressly specified by the client and not for promotional purposes as granted.   2.2. The contractual partner is in any use (reproduction, distribution, broadcast, etc.) requires that manufacturers label (Attribution) and the copyright notice within the meaning of WURA (Universal Copyright Convention) clear and readable (visible) in normal letters, directly at the light image, and this clearly attributable to be installed as follows: Photo: © This applies even if the photograph is not provided with a manufacturer's name. Anyway, that provision is deemed mounting the manufacturer name in the sense of § 74 para 3 Copyright Act. Is the photo on the front (pictured) signed, the signature date of this notice does not replace the manufacturer described above.   2.3. Any alteration of the photograph requires the written consent of the photographer. This applies not only when the changes after the photographer known purpose of the contract is required.   2.4. The use permit is valid only in the case of full payment of the agreed admission and use fee and only be given if a proper manufacturer name / Attribution (2.2. Above) occurs.   2.5. In the case of a printed publication, a free Belegxemplar is sent. If published on the Internet an email with a link to the contractor sufficient.   3 Ownership of the footage - archive   3.1. The ownership of footage is raw and exposed to the photographer. This leaves it to the parties of agreed and appropriate remuneration required for the agreed use files or supervision images to the property; slides (negatives only if agreed in writing) will be provided to the contractor on loan only to return after use at the risk and expense of the contractual partner to dispose, unless otherwise agreed in writing. If this is the case, the authorization to use also applies only to the extent of point 2.1. as given.   3.2. The Photographer is entitled to provide the photographs in any manner it deems appropriate (also on the front) with its manufacturer name. The contractor is required to ensure the integrity of the manufacturer name, especially when permitted disclosure to third parties (printers, etc.). Is necessary to install or renew the manufacturer name. This applies in particular to reproduction means all created in the production (litho plates, etc).   3.3. The photographer will archive the recording without legal obligation. In case of loss or damage to the contractor not entitled to any claims.     4 Claims by third parties   The obtaining of any necessary consent depicted objects (such as works of fine art, designs, trademarks, photo templates, etc.) or individuals (eg models) has to provide the contractor. He holds the photographer in this regard and harmless, particularly with respect to the claims under § § 78 UhrG, 1041 Civil Code. The photographer guarantees the approval of owner (author depicted persons, etc.), especially of models, only if prior written approval for contractual purposes (section 2.1.).     5 Loss and damage   5.1. Always of the legal title page 3 of 6 - - In case of loss or damage produced on behalf of recordings (raw data, slides, negative material) the photographer is only liable for intent and gross negligence. The liability is limited to its own negligence and that of his staff, for others (laboratories, etc.), the photographer liable only for intent and gross negligence in the selection. Any liability is aufdie material cost and free repetition of shots (to the extent this is possible) limited. Further claims are not to the client, and the photographer is not liable in particular for any travel and accommodation expenses and third-party costs (models, assistants, makeup artists and other admissions staff) or for lost profits and consequential damages.   5.2. Section 5.1. applies to the case of loss or damage Handed Assists (movies, layout, display pieces, other documents, etc.) and passed products and props. Valuable items are insured by the contractor.   5.3. A means of increasing the amounts referred reserved.     6 Performance and ensuring   6.1. The photographer will execute the order thoroughly. He can also order - in whole or in part - by a third party (laboratories, etc.) can execute. If the contractor shall take no written arrangements, the photographer is free to the type of performance of the contract. This applies particularly to the concept of the image, selecting the photo models, the shooting location and the applied optical equipment (photographic) medium. Represent deviations from previous deliveries as such constitute a defect   6.2. For defects that are due to incorrect or inaccurate statements of the contractor, are not liable (Civil Code § 1168a). Anyway, the photographer is only liable for intent and gross negligence.   6.3. The contractor shall bear the risk for all conditions which are not in the person of the photographer, as weather conditions when shooting outdoors, timely delivery of products and props, models of failure, impediments to travel, etc.   6.4. Shipments are at the expense and risk of the contractor.   6.5. All complaints must be made at the latest within 8 days after delivery and submission of all documents. After this period, the service is considered as ordered. The warranty period is three months.   6.6. In the case of defects the contractor is only entitled to a claim improvement by the photographer. Is an improvement impossible or is it rejected by the photographer, the contractor is entitled to a price reduction. We are not liable for minor defects. Color differences in repeat orders are not considered significant shortage. Section 5.1. shall apply accordingly.   6.7. Fixed transactions are only with the express written agreement. In case of any delay in delivery point 5.1 applies. accordingly.   6.8. The fees and royalties claims to be independent of whether the material is protected by copyright and / or neighboring rights law (yet) is protected.   6.9 The sets are usually delivered in 10 business days. Delivery is online in the form of a temporary server access (web link by email) The download is available 4 weeks after delivery, a maximum of 10 downloads are possible. Currently there are 4 categories are offered: Set 1 includes 12 edited photos in an optimal web (72 dpi - 1024 px width) and print quality. (300 dpi - 15x10 cm) Set 2 includes 22 edited photos in an optimal web (72 dpi - 1024 px width) and print quality. (300 dpi - 15x10 cm) Set 3 includes 12 edited photos in an optimal web (72 dpi - 1024 px width) and print quality. (300 dpi - 15x10 cm) Landscape photos includes 10 edited photos in an optimal web quality (72 dpi - 1024 px width)   7 Compensation for work   7.1. Absence of an express written agreement is the photographer for a work contract (fee) to its current price lists, otherwise an appropriate fee.   7.2. The fee is also to be used for layout or presentation recordings and then, when the recovery from the remains dependent on the decision or by a third party. On the recording fee no price reductions are granted in this case.   7.3. All material and other costs (props, products, models, travel expenses, accommodation expenses, makeup artists, etc.), even if the purchase is made by the photographer, have to be paid separately.   7.4. In the course of carrying out the work by the contractor desired changes are to be borne.   7.5. Conceptual services (consulting, layout, other graphic services, etc.) are not included in the recording fee. The same is true for an above-average organizational effort or expense such a meeting.   7.6. If the contractor from the execution of the contract awarded to the termination of whatever reasons (cancellation), the photographer is entitled to half of the set price or 50% of the agreed fee plus any additional costs actually incurred unless otherwise agreed.   7.7. Find the agreed shoot despite driving the contractor does not take place because the place is not accessible or in an unsuitable for magazines state or other non verantworteten by the contractor causes the shoot preclude the photographers are 100.00 EUR for approach and transfer of event to.   7.8. The fees and costs are quoted are subject to VAT at the current rate.     8 License Fees   8.1. Unless expressly agreed otherwise in writing, the photographer a publication fee in the appropriate amount is agreed or separately in the case of the issuance of a certificate of occupancy.   8.2. The publication fee is subject to VAT at the current rate.   8.3. Notwithstanding any statutory claims under § § 81ff and 91ff Copyright Act applies in the case of violation of the copyright and / or performance rights contract subject to the following recordings: the claims according to § 87 German Copyright Act independently of any fault. In case of breach of the right to manufacturer designation stands as an intangible damage (§ 87 para 2 German Copyright Act) subject to a adventitious property damage (§ 87 Section 1 of the German Copyright Act) at least an amount equal to the reasonable remuneration (§ 86 German Copyright Act) to. The right to information according to § 87a, Section 1 of the German Copyright Act applies to the removal claim.     9 Payment   9.1. Unless otherwise expressly agreed in writing is due immediately upon Terminlegung for the shoot, the full invoice amount (set price). If the amount to 2 business days before the shooting came not send cash or non-cash in the possession of the contractor, the contract will be canceled by the client. For cost and time we charge 50% of the order value. (See 7.6.)   9.2 does not find the agreed Shooting place despite driving the contractor, because the place is not accessible or in an unsuitable for magazines state or other non verantworteten by the contractor causes the shoot preclude the photographers are 100.00 EUR for Access and Transfer of to date.   9.3. If a payment is agreed that out invoices at the latest within 8 days of billing due for payment. The invoices are without any deduction and free of charges. In the case of sending (money order, bank or postal savings bank transfer etc.) is the only payment agreement with the photographer from the receipt of payment has been paid. The risk of the mails judicial inputs (actions, applications for enforcement) shall be borne by the contractor. If the other party (customer) acceptance for improper performance or warranty claims he makes, however, the fee is due for payment.   9.4. For orders that include multiple units, the photographer is entitled to submit invoice upon delivery of each item.   9.5. Without prejudice exceeding Claims - - In case of default apply compound interest in the amount of 5% above the current bank rate from the due date to be agreed. For the purpose of calculating interest is for the calendar year in which the second January of the relevant year fixed rate bank (Spain) is decisive for the entire calendar year.   9.6. Collection fees and costs - even non-judicial - lawyer's intervention shall be borne by the contractor.   9.7. As far as going over the images supplied belong to the contractor, this is done only upon full payment of the recording fee and ancillary costs.     10th Final provisions   10.1. Place of performance and jurisdiction is the place of business of the photographer. (Palma de Mallorca) The transfer of registered office actions can the old and the new Place of business be brought.   10.2. The Product Liability Act (PHG) is not applicable in any case be liable for other than personal injury is excluded, if the contractual partner is an entrepreneur. In addition, Spanish law is applicable, which also goes on the international sales law.   10.3. Indemnify and Klagsloshaltungen also include the costs of extrajudicial legal.   10.4. These terms and conditions apply to the extent not contrary to the mandatory provisions of the Consumer Protection Act. Partial invalidity of individual provisions (Treaty) shall not affect the validity of the remaining provisions.   10.5. These terms and conditions apply as ordered by photographer produced film work or moving images, mutatis mutandis, regardless of the process used and the technique used (narrow film, video, DAT, etc.).


      Götz Peltzer  
/  Palma de Mallorca  /  tel: + 34 622 312 007  /  email: This email address is being protected from spambots. You need JavaScript enabled to view it.