ALLGEMEINE GESCHÄFTSBEDINGUNGEN
Matthias Pick / The Picks
August-Baudert-Str. 17
99510 Apolda, Germany
Phone: 0176 / 83223692
Email: info@thepicks.de
Website: www.thepicks.de
Important note regarding this English version
This English version of our General Terms and Conditions has been created with the assistance of artificial intelligence and is provided for informational and convenience purposes only. It is intended to make our terms easier to understand for international clients.
The legally binding version of these General Terms and Conditions is the German version. In the event of any discrepancy, inconsistency or ambiguity between the German and English versions, the German version shall prevail.
I. Scope, General Provisions and Definitions
1. Scope
These General Terms and Conditions (GTC) apply to all contracts entered into by Matthias Pick / The Picks (hereinafter referred to as the “Contractor”), unless otherwise agreed in offers, contracts or other agreements made in text form.
Individual agreements with the client (hereinafter also referred to as the “Client” or “Wedding Couple”) shall take precedence over these GTC.
These GTC supplement the individual agreement and govern, in particular, matters that are not or not fully regulated in the respective contract.
2. Definitions
a) Photographs / Photos
Photographs are all photographic images created as part of the assignment, regardless of the storage medium or storage format.
b) Video Recordings / Videos
Video recordings are all moving image and audio recordings created as part of the assignment.
c) Photoshoot
A photoshoot means the performance of the photographic services agreed upon in the contract.
d) Client
The Client refers to the contractual parties named in the respective contract. For wedding assignments, this generally means both members of the Wedding Couple.
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II. Performance of the Contractual Services
1. Scope of Services
The scope of the services owed under the contract shall be determined by the concluded contract or the accepted offer.
Any reduction in the agreed services requires mutual agreement in text form, in particular by email or comparable electronic communication.
Additional services may be agreed upon by mutual consent up until completion of the contractual services. Text form shall also be sufficient for this purpose.
2. Client Cooperation
The Client shall provide all information and cooperation required for the performance of the assignment in a timely manner.
In particular, the Client shall inform the Contractor of any changes relevant to the performance of the assignment, including changes to the schedule, location, number of guests or other circumstances.
3. Photo Booth / Photobooth
If a photo booth, photobooth, GIF booth or comparable service has been agreed upon, it must be used for its intended purpose.
The Client shall be liable for any damage caused by improper use by the Client or by third parties for whom the Client is responsible.
4. Artistic Design
The artistic design of the photographs and videos shall be determined by the Contractor. The services shall generally be provided in the Contractor’s personal and artistic style.
This applies in particular to the selection of subjects and images, image editing, visual style, video editing, design and music selection.
Individual creative preferences of the Client may be discussed in advance. They shall only become part of the contractual services if expressly confirmed by the Contractor.
Deviations from expectations that have not been expressly agreed upon shall not constitute a defect in the contractual services.
Subsequently requested changes or additional services may result in additional fees.
5. Photobooks and Other Additional Products
If a photobook is included in the contractual services, the image selection shall generally be made by the Contractor.
As part of one agreed revision, the Client shall have the opportunity to replace individual images once. Additional revisions may be charged at €50 per additional revision.
Final approval for printing shall be given by the Client.
6. Delivery of Photographs
The photographic material shall be provided to the Client in edited, high-resolution JPG format.
The Client shall have no claim to the delivery of unedited digital raw data (RAW files).
7. Delivery of Videos
If video services have been agreed upon, the video shall be delivered as an MP4 file in Full HD quality, individually edited in the Contractor’s style.
The film shall be edited according to the Contractor’s creative and artistic approach.
The Client shall have no claim to the delivery of unedited raw footage, in particular unedited video or audio recordings.
For the musical accompaniment, music shall be used whose use is legally permitted as part of the film production. The Client shall have no claim to the use of specific commercial music tracks.
The general musical style and direction may be agreed upon in advance.
8. Delivery Time
The Contractor shall generally deliver the edited photographs within eight weeks of the photography date.
For additional products requiring further production time, a separate delivery date may be agreed upon.
9. Retention of Data
The Contractor shall not be obliged to permanently retain digital image or video data after complete delivery.
However, the Contractor shall be entitled to retain image and video data for documentation and proof of authorship as well as for organisational purposes.
No permanent or specific retention period is guaranteed.
III. Copyright
1. Authorship
The author of all photographs and videos created within the respective contractual relationship shall be the Contractor or the person otherwise entitled under copyright law.
Copyright and related rights shall be governed by the applicable statutory provisions.
2. Copyright Protection
The Client acknowledges that the photographic and video material delivered by the Contractor is protected by copyright.
The granting of rights of use shall not affect the Contractor’s authorship or any rights to which the Contractor is entitled by law.
IV. Rights of Use Granted to the Client
1. Private Use
The Client shall receive a non-exclusive, unlimited right of use in terms of time and territory for private use of the photographs created as part of the assignment.
The right of use shall be granted upon full payment of the agreed remuneration.
2. Scope of Private Use
Private use includes, in particular:
* storing and archiving the photographs,
* printing and reproducing the photographs,
* creating private prints, posters and photobooks,
* sharing the photographs with family members, friends, wedding guests and other persons within the Client’s personal circle,
* privately publishing the photographs, in particular on private social media accounts.
Sharing the photographs for private use does not constitute a transfer of copyright.
3. Commercial Use
Any commercial or other business-related use of the photographs by the Client or third parties requires the Contractor’s prior consent.
This applies in particular to use for advertising, marketing, editorial or other business purposes.
4. Use by Third Parties
Private sharing of the photographs with family members, friends and other persons within the Client’s personal circle is expressly permitted.
The granting of any broader rights of use to third parties requires the Contractor’s consent.
This applies in particular to use by other service providers such as stylists, DJs, decorators, venue operators, wedding planners or other businesses for their own commercial or promotional purposes.
5. Editing and Modification
Usual technical adjustments as part of private use are permitted. This includes, in particular, cropping, resizing and adjustments to the image format for private use on social media platforms.
Any substantial artistic or substantive alteration of the photographs is not permitted without the Contractor’s consent.
6. Use by the Contractor
The Contractor retains all rights of use to which they are entitled in relation to the photographs and videos created.
In particular, the Contractor shall be entitled to use the resulting photographic and video material for their own portfolio, website, social media, self-promotion and other purposes of self-presentation, provided that this does not conflict with the rights of persons depicted or other legitimate interests.
The specific publication of the material shall be discussed and coordinated with the Client on an individual basis.
V. Fees and Expenses
1. Remuneration
The Contractor’s remuneration shall be agreed either as an hourly rate or as a fixed fee.
All prices include the statutory VAT applicable at the time.
Changes to the statutory VAT rate between the date of booking and the date of service shall be taken into account accordingly where legally required.
2. Travel and Accommodation Costs
Unless otherwise agreed or already included in the offer, travel and accommodation costs required to perform the assignment are not included in the agreed remuneration.
The Client shall bear these costs in a reasonable amount.
Following prior agreement, the Client may provide suitable accommodation or cover the actual accommodation costs incurred.
3. Travel to and from the Assignment
Travel to and from the assignment shall generally commence from the Contractor’s business premises in Apolda.
Travel of up to 25 km one way from the Contractor’s business premises shall, unless otherwise agreed, be included in the agreed remuneration.
For distances beyond this, €0.30 per kilometre shall be charged unless the corresponding travel costs are already included in the offer.
If travelling by train or plane, as well as where accommodation and meals are required, the actual and necessary expenses incurred shall be invoiced.
4. Other Costs
Parking fees, tolls and motorway charges, admission fees and any necessary local transfers are not included in the agreed remuneration unless otherwise agreed and shall be borne by the Client.
5. Extension of the Service Period
Extensions of the agreed service period shall be charged based on the hourly rate agreed in the contract, calculated for each commenced half-hour.
6. Date Reservation Fee
Upon conclusion of the contract, a date reservation fee of €500 shall generally be payable.
If a different amount has been agreed in the individual contract or offer, the individually agreed amount shall apply.
The date reservation fee shall be credited against the agreed total remuneration.
The date shall only be considered bindingly reserved for the Contractor once the agreed date reservation fee has been received.
The payment period shall be seven days from the date of invoicing unless otherwise agreed.
7. Due Date
Unless otherwise agreed, any further remuneration owed to the Contractor shall be due within seven days of invoicing and shall be payable without deduction.
8. Rights of Use and Full Payment
The granting of the rights of use set out in Section IV shall be subject to the condition precedent of full payment of the agreed remuneration.
No transfer of ownership of digital photographs or videos is owed. Physical products such as prints, photobooks or other agreed printed products shall be delivered in accordance with the respective agreement.
VI. Early Termination of the Contract and Consequences
1. Cancellation by the Client
If the Client cancels the contract before the agreed date of performance, the Contractor shall generally be entitled to a lump-sum compensation or damages in the following amount:
if cancelled more than 180 days before the date of performance: *30% of the agreed remuneration**,
if cancelled between 180 and 91 days before the date of performance: *50% of the agreed remuneration**,
if cancelled between 90 and 14 days before the date of performance: *75% of the agreed remuneration**,
if cancelled less than 14 days before the date of performance: *95% of the agreed remuneration**.
The Client shall remain entitled to demonstrate that no damage or a lower amount of damage was incurred by the Contractor.
A justified termination for good cause for which the Contractor is responsible shall remain unaffected by this provision.
2. Cancellation by the Contractor
If the Contractor terminates the contract for good cause for which the Contractor is responsible, no remuneration shall be owed for services that have not yet been performed.
In such a case, amounts already paid for services not performed shall be refunded, unless other statutory claims apply.
VII. Extraordinary Circumstances and Official Restrictions
1. General Provisions
If the agreed contractual services cannot be performed, or can only be performed to a significant extent on a restricted basis, due to official orders, statutory restrictions or other extraordinary circumstances beyond the parties’ control, the parties shall first seek to mutually agree on an appropriate adjustment of the contract.
2. Postponement
If the wedding or agreed service period can be postponed, the Contractor shall, subject to availability, endeavour to make an alternative date possible.
Any date reservation fees already paid shall be credited towards the new date.
3. Price Changes in the Event of Postponement
In the event of a postponement, the agreed prices may change if the postponement results in, in particular, a change in the time remaining until the original date or a change of weekday.
If the postponement is by more than six months up to and including one year, the agreed remuneration shall increase by 5%.
If the postponement is by more than one year, the agreed remuneration shall increase by 10%.
If the postponement also involves a change to a different weekday, an additional adjustment may be agreed upon.
4. Postponement Not Possible
If a reasonable postponement is not possible, the parties shall seek to mutually agree on termination of the contract.
The statutory rights and claims of the parties shall remain unaffected.
VIII. Lump-Sum Damages
Where these GTC provide for lump-sum damages or lump-sum compensation, the Client shall remain entitled to demonstrate that no damage or a lower amount of damage was incurred.
The Contractor shall, in turn, remain entitled to demonstrate that higher actual damages were incurred, insofar as legally permissible.
IX. Liability
1. General Liability
The Contractor shall be liable in accordance with the statutory provisions for damage caused intentionally or through gross negligence.
In the event of slightly negligent breaches of duty, the Contractor shall only be liable insofar as an obligation essential to the contract has been breached. In such cases, liability shall be limited to the foreseeable damage typically associated with the contract.
The statutory liability provisions for damages resulting from injury to life, body or health, as well as mandatory statutory liability, shall remain unaffected.
2. Client Cooperation and Instructions
For damage, defects or services performed only in part that are attributable to incorrect or incomplete information or instructions provided by the Client, the Contractor shall only be liable in accordance with the applicable statutory provisions.
3. Inability of the Contractor to Perform
If the Contractor is unable to perform the agreed services due to special circumstances, in particular illness, accident, traffic disruptions or other events for which the Contractor is not responsible, the Contractor shall inform the Client without undue delay and, where possible, endeavour to find a suitable replacement.
There shall be no claim to the actual availability of a replacement photographer or videographer insofar as this is beyond the Contractor’s control.
The Contractor shall only be liable for services or additional costs of third parties independently commissioned by the Client in accordance with the applicable statutory provisions.
4. Payments Already Made
If services cannot be performed due to an inability to perform for which the Contractor is responsible, payments already made for those services shall be refunded, unless other statutory claims apply.
5. Conduct and Personal Responsibility During the Photoshoot
The Client participates in photoshoots and in the use of suggested photo locations at their own responsibility.
The Contractor may suggest locations and situations for photographs. The decision to enter such a location or carry out a particular action shall be made by the Client at their own responsibility.
The Contractor shall not be liable for damage resulting solely from the Client’s own actions for which the Contractor is not responsible.
6. Digital Image Data
The Contractor shall be liable for the loss or damage of digital image and video data in accordance with the applicable statutory provisions.
The Contractor shall take reasonable organisational and technical measures to protect the data but cannot guarantee complete exclusion of technical or other data loss.
7. Delivery Times
The Contractor shall be liable for delays in delivery in accordance with the applicable statutory provisions.
8. Lateness and Inability to Perform
The Contractor shall not be liable for delays or inability to perform for which the Contractor is not responsible.
9. Complaints
Complaints regarding the contractually agreed services should, where possible, be submitted to the Contractor in text form within 14 days of delivery of the photographs or videos.
The Client’s statutory rights shall remain unaffected.
X. Confidentiality and Data Protection
1. Processing of Personal Data
The performance of the contract requires the processing of the Client’s personal data.
Such processing shall be carried out in accordance with applicable data protection laws and the Contractor’s Privacy Policy.
2. Confidentiality
The Contractor shall treat personal information obtained in the course of performing the contract as confidential, unless there is a statutory obligation to disclose such information.
3. Service Providers
The Contractor may engage external service providers to perform the contractual services, in particular for image editing, albums, photo laboratories, online galleries, data storage or comparable services.
Such service providers shall be selected and engaged in accordance with applicable data protection requirements.
4. Privacy Policy
The Contractor’s Privacy Policy forms part of the information provided to the Client upon conclusion of the contract.
XI. Final Provisions and Severability
1. Applicable Law
The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), insofar as legally permissible.
2. Individual Agreements and Text Form
Individual agreements and amendments to the contract may, unless a stricter form is required by law, be agreed in text form.
Text form includes, in particular, communication by email or comparable electronic means of communication.
3. Place of Jurisdiction
The statutory provisions shall apply with regard to the place of jurisdiction.
To the extent legally permissible and insofar as an agreement on jurisdiction may legally be made, the place of jurisdiction shall be the registered business location of the Contractor.
4. Severability Clause
Should any provision of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
The statutory provisions shall replace the invalid provision.