General Terms and Conditions – Krzysztof Zieliński Photographs of Artworks and Cultural Heritage

  1. Scope of Application
    1. Photographer Krzysztof Zieliński – from now on referred to as “Photographer” – concludes a service contract exclusively under these General Terms and Conditions. By placing the order, the Client confirms the applicability of these terms and conditions. Deviating agreements can only be made legally effective in writing. These general terms and conditions precede the Client’s terms and conditions.
  2. Copyright provisions
    1. The Photographer shall be entitled to all copyrights and ancillary copyrights (Sections 1, 2 (2), 73ff UrhG). Permission to use (publication rights, etc.) shall only be deemed to have been granted if expressly agreed. In this case, the contractual partner shall acquire a basic, non-exclusive, non-transferable license to use the work for the agreed purpose and within the agreed limits (time and place restrictions, etc.). In case of doubt, the scope of use stated in the invoice or order confirmation shall be decisive. In any case, the contractual partner shall only acquire as many rights as correspond to the disclosed purpose of the order. In the absence of any other agreement, the authorization of use shall not apply to advertising purposes.
    2. The contracting party is not obligated to attach the copyright notice to the photograph or the imprint. 
    3. The permission to use the photograph shall not be valid until the agreed shooting and usage fee has been paid in full.
    4. Instead of § 75 UrhG, the general provision of § 42 UrhG shall apply.
  3. Ownership of digital negatives – archiving.
    1. The Photographer shall be entitled to ownership of the digital negatives. 
    2. The Photographer shall archive the photographs for up to 3 weeks to the exclusion of any legal obligation. In the event of loss or damage, the contractual partner shall not be entitled to any claims.
  4. claims of third parties
    1. The contracting party shall be responsible for obtaining any necessary consent from depicted objects or persons (e.g., models, actors, participants) or buildings (castles, museums, gardens, etc.). He shall indemnify and hold the Photographer harmless in this respect. The Photographer guarantees the consent of authorized persons only in the event of express written permission for the contractual purposes of use.
    2. The Client shall hold the Photographer harmless from any claims of all visitors and ensure that persons who fundamentally do not consent to the publication of photographs – e.g., in an online gallery or in social media – are not included in group pictures.
    3. The Photographer assumes that all performers and attendees have been informed that photographs will be taken and have consented to storing the data and, e.g., a – private – online publication (e.g., password-protected online gallery).
    4. The Client agrees to a publication of the Photographs taken by the Photographer for self-promotion and presentation of the method of work and waives any derivable rights or financial compensation concerning publication for self-promotion of the Photographer. If publication is not desired, this must be explicitly noted in writing in the order confirmation.
  5. Loss and damage
    1. In the event of loss of or damage to photographs produced within the scope of the order, the Photographer shall only be liable for intent and gross negligence. Liability is limited to the Photographer’s own fault. Any liability is limited to the cost of materials and free repetition of the photographs (if possible).
    2. The Client shall insure valuable objects, artworks, and props provided to the Photographer.
  6. Performance and warranty
    1. The Photographer shall execute the placed order within the time booked in the service contract. This shall apply in particular to the image conception and the photographic technical means used. Unless the contracting party gives written instructions, the Photographer shall be free concerning the manner of execution of the order.
    2. The Photographer shall only be liable for defects in the event of intent and gross negligence.
    3. The contractual partner shall bear the risk for circumstances not within the Photographer’s scope of action. This includes, for example, timely provision of Artwork and props, failure of performers, travel obstructions, traffic conditions, weather conditions for outdoor shoots, etc.
    4. For events lasting more than 4 hours, the Photographer shall be adequately provided with food and beverages within the usual limits.
    5. Shipments travel at the expense and risk of the contractual partner.
    6. Complaints must be made in writing or text form within 5 days of delivery at the latest, and all documents must be submitted. After the expiry of this period, the service shall be deemed to have been provided in accordance with the order. The warranty period shall be three months.
    7. In the event of a defect, the contracting party shall only be entitled to demand that the Photographer make improvements. If it is impossible for the Photographer to make improvements or if the Photographer refuses to do so, the Client shall be entitled to a price reduction. The Photographer shall not be liable for minor defects.
    8. Shooting shall be unworkable in the event of force majeure, for example. This applies, for example, in the following cases: War, sovereign orders, strikes, epidemics, pandemics or natural disasters, or similar serious events.
  7. Fees
    1. The Photographer shall be entitled to the fee agreed in advance.
    2. Subsequent changes and further editing not agreed upon in advance shall be borne by the Client and agreed upon in a renewed fee.
    3. Digital editing in the context of image post-production (color correction, digital development according to archival museum standards) is included in the shooting fee. If not regulated in the order confirmation, a separate order must be placed for other image processing and special requests.
    4. Once the Client places the order, 50% of the fee must be paid in advance to render the booking valid. The appropriate pro-forma invoice will be provided digitally (PDF document).
    5. In the event of absolutely necessary changes to the deadline (e.g., due to weather conditions), all ancillary costs incurred in advance shall already be paid.
  8. Terms of payment and cancellation fees.
    1. The remaining 50% of the fee shall be paid to the Photographer no later than ten calendar days after invoicing.
    2. Withdrawals or cancellations of binding orders must be made in written form and confirmed by the Photographer. Cancellation free of charge shall not be possible after the written confirmation of the contract. In the event of cancellations, a cancellation fee of 30% of the agreed fee shall apply.
    3. If the Client cancels the agreed order less than 48 hours before the agreed shooting, the Photographer shall be entitled to a cancellation fee of 50% of the agreed fee.
    4. If an order cannot be executed for reasons for which the Photographer is not responsible, e.g., due to force majeure. In that case, the Photographer may charge a cancellation fee of 30% of the agreed fee – without any proof of damage being required.
    5. The Client shall bear dunning charges and the costs – including out-of-court – of legal intervention.
  9. Right of revocation / Final provisions
    1. There is no right of revocation or return for the Client.
    2. The Photographer shall always endeavor to seek clarification in direct contact in the event of any disputes arising.
    3. The place of jurisdiction shall be the Photographer’s registered office.
    4. The parties agree that a service contract pursuant to Section 611 of the German Civil Code (BGB) (Section 611 Typical Contractual Duties in a Service Contract) and not a contract for work and services has been concluded.
    5. Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, this shall not affect the validity of the remaining provisions.

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