Imprint

RE_20130517_6829

Rene Ehrhardt Photography
Phone +49 (0) 3681 414 9 212
Mobile +49 (0) 151 701 38 807
rene(@)nuerburgring24hours.com

Rene Ehrhardt Photography, Rene Ehrhardt, Lengberg 10, 98529 Suhl-Albrechts, Deutschland
Tel +49 151 70138807, rene(@)reneehrhardt.com, www.reneehrhardt.com
Sitz der Gesellschaft: Suhl-Albrechts, Steuer-Nr. 17119004276, Geschäftsführer Rene Ehrhardt

 

GENERAL TERMS AND CONDITIONS OF DELIVERY AND BUSINESS
I.  General
1. The following General Terms and Conditions of Delivery and Business
(hereinafter referred to as the General Terms and Conditions) shall
apply to all of the Photographer’s orders, offers, deliveries and
services.
2. They shall be deemed to be binding on both Parties upon
acceptance of the Photographer’s delivery, service or offer by the
Customer, however no later than upon the photographic material
being accepted for publication.
3. If the Customer does not accept the General Terms and Conditions,
it shall lodge written notification to this effect within three work
days. Any alternative general terms and conditions on the part of
the Customer are hereby rejected. Alternative general terms and
conditions on the part of the Customer shall be deemed to be void
unless the Photographer agrees in writing to be bound by them.
4. The General Terms and Conditions shall also apply to all of the
Photographer’s future orders, offers, deliveries and services under the
ongoing business relationship notwithstanding the absence of any
express reference to them.
II. Photographic material supplied
1. The General Terms and Conditions shall apply to all photographic
material with which the Customer is provided regardless of its
degree of completion or technical form. They shall expressly also
apply to photographic material transmitted electronically or
digitally.
2. The Customer acknowledges that the photographic material
provided by the Photographer constitutes copyright material as
defined in § 2 (1) No. 5 of the German Copyright Act.
3. Any suggestions submitted by the Customer for modifications or
adaptations shall be deemed to be individual services subject to
separate remuneration.
4. The photographic material provided shall remain the
Photographer’s property notwithstanding the fact that damages
may have been paid for this.
5. The Customer shall treat the photographic material carefully and
may only make it available to third parties for internal business
purposes, i.e. for viewing, selection and technical editing.
6. Any complaints concerning the content of the delivery or the
content, quality or state of the photographic material shall be
lodged within 48 hours of receipt. Failing this, the photographic
material shall be deemed to have been received in proper
condition, in conformance with the contract and as described.
III. Utilization rights
1. The Customer shall fundamentally only receive simple utilization
rights for onetime utilization.
2. Exclusive utilization rights, exclusive rights for certain geographic
territories or periods of time shall be subject to separate agreement
as well as a surcharge of at least 100% on top of the basic fee in
question.
3. Upon the photographic material being delivered, only the utilization
rights shall be granted for one-time use of the photographic
material for the purpose specified by the Customer and in the
publication, medium or data vehicle which has been stated by the
Customer or can be reasonably assumed in the light of the
circumstances surrounding the placing of the order. In the case of
any doubt, the property (newspaper, magazine etc.) for which the
photographic material has been supplied as evidenced by the
delivery note or the recipient address shall be decisive.
4. Any use, exploitation, dissemination, copying or publication going
beyond that provided for in Section 3 above shall be subject to
separate remuneration and require the Photographer’s prior written
approval. This shall particularly apply to
- secondary exploitation or publication particularly in anthologies,
product-related brochures, advertising or other types of reprinting,
- any editing work, modifications or alterations to the photographic
material,
- digitalization, storage or duplication of the photographic material
on data media of any type (e.g. magnetic, optic, magneto-optic
or electronic media such as CDROM, CDi, disks, hard disks, RAM,
microfilms etc.) other than for the technical editing of the
photographic material pursuant to III 3. herein,
- any form of copying or utilization of the photographic data on CD-
ROM, CDi, diskette or similar data media,
- any inclusion or display of the photographic data on the Internet or
in on-line databases or other electronic archives (including the
Customer’s internal electronic archives),
- the transmission of digitalized photographic material by data
transmission lines or on data media for reproduction on screens or
for the production of hardcopies.
5. Any modifications to the photographic material using photo
composing, mounting or electronic means to produce a new
copyright work shall require the Photographer’s prior written
approval and shall be designated as such by [M]. In addition, the
photographic material may not be copied in drawing form,
recreated photographically or used in any other manner as a
motive.
6. The Customer may not transfer the rights of utilization or any part
thereof granted to it to any third parties unless these are members of
its group or subsidiaries.
7. All use, reproduction and transfer of the photographic material shall
be subject to the condition that the copyright information stipulated
by the Photographer be included in such a way that it can be
clearly allocated to the picture in question.
IV. Liability
The Photographer shall not be liable for the breach of any rights held
by persons or objects depicted in the photographic material unless a
duly signed release is enclosed. The Customer shall be responsible for
acquiring rights of utilization over and above the copyright to the
photograph in question and for obtaining releases from collections,
museums etc. The Customer shall be responsible for the legend as
well as the context in which the photograph is used.
V. Fees
1. The agreed fee shall apply. If no fee has been agreed upon, it shall
be determined on the basis of the prevailing list of photographic
fees issued by Mittelstandsgemeinschaft Foto-Marketing (MFM). The
fee shall be subject to value added tax at the applicable rate.
2. The fee shall by payable for one-time use of the photographic
material for the use agreed upon pursuant to III 3. or 2. herein. If the
fee is also to cover further use, this shall require written confirmation.
3. The fee shall not include costs and expenses arising in connection
with the order (e.g. cost of materials, laboratory, models, props,
travel, other necessary expenses), which shall be borne by the
Customer.
4. The fee provided for in V. 1. herein shall be payable in full
notwithstanding the fact that the photographic material ordered
and supplied is not published. If the photographic material is to be
used as a basis for layout and presentation purposes, a fee of at
least EURO 75.00 shall be payable in the absence of any other
agreement to the contrary.
5. Only counter-receivables which are not disputed or have been
upheld in a court of law may be netted or are subject to a right of
retention. Moreover, counter-receivables which are disputed but on
which a decision is soon to be made may also be netted.
VI. Return of photographic material
1. The photographic material shall be returned in the form in which it
was supplied immediately after it has been published or used for the
agreed purpose provided that this is no later than three months
after the date of delivery; two sample copies of the publication in
which the photographic material appears shall be enclosed. An
extension to this three-month period shall require the Photographer’s
written approval.
2. If at the Customer’s request or with its approval the Photographer
supplies photographic material solely for the purpose of determining
whether it is suitable for use or publication, the Customer shall return
such photographic material no later than one month of receipt in
the absence of any other period stated on the consignment note.
This period may only be extended with the Photographer’s written
consent.
3. The Customer shall return the photographic material at its own cost
in standard packaging. The Customer shall bear the risk of loss or
damage during transport until the photographic material reaches
the Photographer.
VII. Penalty, blocking, damages
1. In the event of any unauthorized utilization, use, reproduction or
disclosure of the photographic material (i.e. without the
Photographer’s consent), the Customer shall be liable to pay a
penalty equaling five times the applicable fee for each individual
instance, it being understood that this shall not operate to restrict
any other remedies available to the Photographer.
2. If the copyright notice is missing, incomplete, in the wrong position
or not possible of being clearly allocated to the picture in question,
a surcharge of 100% of the agreed fee shall be payable.
3. If the photographic material is not returned in time (blocking), the
following penalty shall be payable upon the expiry of the period
provided for in VI. 1 or 2 of these General Terms and Conditions:
EURO 0.25 per day and picture in the case of b/w or color prints
or duplicate slides
EURO 1.00 per day and picture for slides, negative
and other unique material.
4. If the photographic material is damaged, destroyed or lost, the
following compensation shall be payable, it being understood that
the Photographer is under no obligation to prove the actual value
of the loss:
EURO 40.00 per b/w or color print or 35 mm duplicate
slide
EURO 125.00 per medium or large-format duplicate slide
EURO 250.00 per original slide or negative or other unique
material
EURO 500.00 per non-reproducible slide or negative or other
unique material
In the case of damage, the above rates shall be reduced
depending on the extent of damage and the possibility for
continued use of the material. Either Party shall be entitled to prove
that actual loss is either greater or lower or that no loss at all has
been sustained.
5. A penalty of 50% of the agreed fee shall be payable if no sample
copy is provided or the statement of account does not include a
sample copy or details of which picture was used in what place and
in what publication.
6. The payments anticipated in VII of these General Terms and
Conditions shall not give rise to any rights of utilization.
VIII. VIII.
1. The contractual relationships anticipated by these General Terms and
Conditions shall be subject to German law including in the case of
deliveries to foreign destinations.
2. Any additions or modifications to these General Terms and
Conditions shall be in writing only.
3. If any of the provisions contained herein are void, this shall have no
effect on the validity of the remaining provisions. In such a case, the
Parties undertake to replace the void provision with a valid one
coming as commercially and economically close as possible to
what they intended with the void provision.
4. The place of fulfillment and the legal venue shall be the
Photographer’s domicile in cases in which the Customer is a full
merchant as defined by German commercial law.
IX. IX.
A „canceled-job“ fee of 100% of the agreed salary has to be payed
by the client, if the photojob is canceled within 24 hours before. 50%
are charched if the job is canceled within 72 hours before.
100% plus all travelling expenses and other costs are charched if the
client did not show up at the arranged appointment. Not relevant
is, because of what the client has to cancel the job or any other
explanation. This does not exempt the client from the liabilities to
pay.
If a preview of location, a briefing or a concept or other kind of
organisation work like that is done, before a photojob and the job is
canceled by the client, the photographer will charge a fee of
85,- euros (+ tax) per hour, plus possible additional costs, for the time
he worked on that.
The photographer gets, holds and keeps the right, to use all
photographic material for his own advertising and
selfrepresentation. In any media, in any form, for unlimited time and
form of use.