Terms and conditions

I. General

• These terms apply to all commissions given to the photographer NW Studio (owner: Nils Wilbert). They are deemed agreed unless objected to immediately.
• “Photographs” within the meaning of these terms are all products created by the photographer, in whatever form or on whatever medium they were produced or exist (e.g. negatives, slides, prints, digital files, videos).

II. Copyright and usage rights

• The photographer holds the copyright in the photographs in accordance with the German Copyright Act.
• The photographs produced are in principle intended solely for the client's own use.
• Usage rights are granted as agreed in the commission and are limited in scope and duration. Extensions are possible afterwards and are remunerated separately.
• Usage rights only pass to the client once the agreed fee has been paid in full.
• The client may not reproduce or distribute the photographs without the photographer's written consent (§ 60 UrhG is excluded).
• The photographer is entitled to be credited as the author. If the credit is omitted, the photographer is entitled to damages amounting to 50 % of the image fee, unless a higher loss is demonstrated.
• The photographer may use the images for their own promotional purposes. The client consents to this in accordance with § 22 KUG.
• Negatives, raw files and intermediate products remain the property of the photographer and are released only against separate remuneration.

III. Fees

• The fees agreed in the quotation apply, as an hourly rate, day rate or fixed price, plus statutory VAT. Incidental costs (e.g. props, models, travel, studio and material costs) are charged separately.
• Invoices are due without deduction within 14 days of the invoice date.
• All delivered photographs remain the property of the photographer until payment has been made in full.

IV. Liability

• The photographer is liable for damages only in cases of gross negligence or intent.
• For items handed over, the photographer is liable only up to their material value.
• Liability for vicarious agents is excluded as far as legally permissible.
• The photographer is liable for lightfastness and durability only within the scope of the manufacturer's warranties.
• Where external service providers (e.g. labs) are commissioned, the photographer is liable only for their own fault.
• Retouching is carried out at the client's risk.
• Materials are shipped at the client's risk and expense.
• Complaints must be submitted in writing within six working days of handover; otherwise the work is deemed accepted.

V. Ancillary obligations

• The client warrants that they hold all necessary rights to any materials provided. They are liable for any third-party claims.
• Items provided must be handed over on time and collected again on request. In the event of delay, storage costs may be charged or the items placed in external storage.
• Insuring the items against damage or loss is the client's responsibility.

VI. Performance issues and cancellation fee

• Where no specific creative instructions were given, complaints regarding style or composition are excluded.
• Change requests after production has started are treated as additional work and charged accordingly.
• If a confirmed commission is not carried out for reasons attributable to the client, the photographer may charge a cancellation fee of 50 % of the fee.
• If performance is delayed by force majeure, weather or the client's fault, additional work and downtime may be invoiced.

VII. Formation of contract

• Quotations are without obligation. The contract is formed when the client confirms the quotation in writing within seven days. On acceptance the contract becomes binding.
• Any deviating arrangements must be made in writing.

VIII. Data protection

Personal data is processed on the basis of Art. 6 (1) (b) GDPR and serves solely to perform the contract. Further information can be found in our privacy policy.

IX. Final provisions

• The place of performance and jurisdiction for merchants is Berlin. For consumers, the statutory rules on jurisdiction apply.
• Should any clause of these terms be or become invalid, the validity of the remaining provisions remains unaffected.