Terms of Service

GENERAL TERMS AND CONDITIONS FOR PHOTOGRAPHERS (COMMISSIONED WORK)

1. Scope of Application

The Austrian professional photographers conclude contracts exclusively based on these General Terms and Conditions. By placing an order, the client acknowledges their applicability. Deviating agreements are only valid if made in writing. These General Terms and Conditions take precedence over any terms and conditions of the client or intermediary.

2. Copyright Provisions

2.1. All copyrights and related rights of the photographer (§§ 1, 2 para. 2, 73ff Austrian Copyright Act) remain with the photographer. Usage rights (e.g., publication rights) are only granted if explicitly agreed upon. The client acquires a non-exclusive, non-transferable license for the agreed purpose and usage, limited to the agreed scope (e.g., print run, time, territory). In case of doubt, the scope of use specified in the invoice or delivery note shall apply.

2.2. Any usage (reproduction, distribution, broadcast, etc.) requires a proper copyright notice, clearly readable and directly associated with the image, e.g.:

Photo: © [Photographer's Name]; [Place] and [Year of First Publication, if applicable].

This applies even if the photo is unsigned.

2.3. Modifications to the image require written approval unless such modifications are necessary for the agreed use.

2.4. The license is only granted upon full payment and with proper attribution (see 2.2).

2.5. § 75 Copyright Act is replaced by § 42.

2.6. Two free copies of publications must be provided (one for expensive products like art books).

3. Ownership and Archiving

3.1. Ownership of original material (negatives, slides, etc.) remains with the photographer. Usage images may be transferred for use, but originals (including negatives) are lent unless agreed otherwise.

3.2. The photographer may mark images with their copyright. The client must ensure this marking remains intact.

3.3. Images may be archived by the photographer without obligation. No claims arise from loss or damage.

4. Third-Party Claims

The client is responsible for obtaining consent from depicted persons or rights holders (e.g., artworks, trademarks). The photographer assumes no liability unless expressly agreed in writing.

5. Loss and Damage

5.1. The photographer is only liable for intent or gross negligence. Liability is limited to material costs and a possible retake. No liability for travel or model costs, lost profits, or consequential damages.

5.2. This applies also to loss or damage of client-supplied items. Clients should insure valuable objects.

5.3. Adjustments for inflation are reserved.

6. Performance and Warranty

6.1. The photographer executes the assignment with care and may involve third parties. In absence of specific instructions, artistic decisions lie with the photographer.

6.2. No liability for client errors or unclear instructions.

6.3. The client bears risk for external factors (e.g., weather, transport delays).

6.4. Shipments are at the client's risk and expense.

6.5. Complaints must be submitted in writing within 8 days. Warranty period is 3 months.

6.6. Only rectification is allowed; if not possible, a price reduction may apply. Color differences in reorders are not defects.

6.7. Fixed deadlines only apply if agreed in writing.

6.8. Fees are due regardless of current copyright status.

7. Fees / Compensation

7.1. Unless otherwise agreed, fees are based on the photographer’s price list or a reasonable market rate.

7.2. Fees apply even if the work is not used or if usage depends on a third party’s decision.

7.3. Additional costs (models, travel, props, etc.) are extra.

7.4. Any changes requested during production are chargeable.

7.5. Conceptual work (consulting, layout, etc.) is not included.

7.6. If the client cancels, 50% of the agreed fee is due plus all incurred costs. Date changes may incur charges.

7.7. All fees are exclusive of VAT.

8. Licensing Fees

8.1. A separate fee applies for licensing unless otherwise agreed in writing.

8.2. Licensing fees are also exclusive of VAT.

8.3. In case of copyright violation, claims apply regardless of fault. The minimum fee equals the usual licensing cost, plus possible immaterial damage.

9. Payment Terms

9.1. A deposit of 50% is due upon booking. Remaining fees are due immediately upon invoice unless otherwise agreed. Payment is considered received once the photographer is notified of the payment.

9.2. For multi-stage projects, each stage may be invoiced separately.

9.3. In case of late payment, interest of 5% above the base rate applies.

9.4. Legal and collection costs are borne by the client.

9.5. Images only become client property after full payment.

10. Use of Images for Photographer’s Promotion

Unless otherwise agreed in writing, the photographer may use images for self-promotion. The client consents to publication and waives claims (e.g., under § 78 Copyright Act or § 1041 Civil Code).

11. Final Provisions

11.1. Jurisdiction and place of performance is the business location of the photographer.

11.2. Austrian law applies; the Product Liability Act does not apply.

11.3. The client shall indemnify against legal costs and claims.

11.4. If any clause is invalid, the rest remains valid.

11.5. These terms also apply to films or videos, regardless of format.