General Terms and Conditions (GTC) for Photography Services
1. Scope and Contracting Parties
1.1. These General Terms and Conditions (GTC) govern the legal relationship between [Your Photography Business Name] (hereinafter referred to as “Photographer”) and the client (hereinafter referred to as “Client”) for the provision of photographic services.
1.2. By booking photography services, the Client agrees to these terms. Any differing terms and conditions from the Client will not be accepted unless agreed to in writing by the Photographer.
2. Photography Services
2.1. The Photographer undertakes to perform the photography services as specified in the agreement between the Photographer and the Client.
2.2. The exact nature of the services (e.g., event photography, portrait sessions, product shoots) will be outlined in the contract or communication between the Photographer and the Client.
2.3. The delivery of edited photographs will be in the format and time frame specified in the agreement, barring unforeseen delays (e.g., illness, technical issues).
2.4. The Photographer is entitled to artistic freedom in terms of selecting images for editing and delivery.
3. Fees and Payment
3.1. The fee for the photography services will be specified in the contract or communication between the Photographer and the Client.
3.2. A deposit may be required to confirm the booking. The amount and payment terms will be outlined in the agreement.
3.3. Final payment is due upon delivery of the photographs unless otherwise specified. The Photographer reserves the right to withhold final delivery of images until full payment has been made.
3.4. In the event of cancellation by the Client, the deposit may be forfeited, depending on the time frame and terms specified in the contract.
4. Copyright and Usage Rights
4.1. The Photographer retains the copyright to all images, as defined by German copyright law.
4.2. Upon full payment, the Client receives the agreed-upon rights of use for the images. The scope of these rights (e.g., private use, commercial use, online use) will be outlined in the contract.
4.3. The Client is not permitted to edit, modify, or sell the images without the Photographer’s written consent, except for purposes explicitly stated in the agreement.
4.4. The Photographer may use the images for self-promotion (e.g., on a website, social media, portfolio), unless otherwise agreed upon in writing by the Client.
5. Data Protection (GDPR Compliance)
5.1. The Photographer complies with the General Data Protection Regulation (GDPR) and other applicable data protection laws when processing personal data.
5.2. Collection of Personal Data: The Photographer collects personal data (e.g., name, address, contact information, and images) solely for the purpose of performing the contracted services. This data is processed in accordance with Art. 6(1) (b) GDPR (necessary for the performance of a contract).
5.3. Data Processing and Retention: Personal data will be stored only as long as necessary to fulfill the agreed services or as required by legal obligations. Images may be stored for a longer period for archiving or promotional purposes, with the Client’s consent.
5.4. Rights of the Data Subject: The Client has the following rights regarding their personal data under the GDPR:
- Right to access (Art. 15 GDPR): The Client may request information about the data stored about them.
- Right to rectification (Art. 16 GDPR): The Client may request corrections to inaccurate personal data.
- Right to erasure (Art. 17 GDPR): The Client may request the deletion of their personal data if there are no legal reasons for its continued processing.
- Right to restrict processing (Art. 18 GDPR): The Client may request the restriction of data processing.
- Right to object (Art. 21 GDPR): The Client may object to the processing of their data in certain circumstances.
- Right to data portability (Art. 20 GDPR): The Client may request their data in a portable format.
5.5. Data Security: The Photographer takes appropriate technical and organizational measures to protect personal data from unauthorized access, misuse, or loss.
5.6. Data Sharing: Personal data will not be shared with third parties unless required for the performance of the contract (e.g., printing services), or unless legally obligated.
5.7. For further information about data protection, please refer to the [Privacy Policy].
6. Cancellation Policy
6.1. The Client may cancel the booking by providing written notice to the Photographer. The cancellation terms, including any refund or forfeiture of deposit, will be outlined in the contract.
6.2. If the Photographer is unable to perform the services due to illness, equipment failure, or other unforeseen circumstances, the Photographer will either reschedule the session or refund the deposit, if applicable. The Photographer will not be held liable for further damages.
7. Liability
7.1. The Photographer will take the utmost care during the provision of services. However, in the event of loss or damage to photographs or equipment due to unforeseen circumstances, the Photographer’s liability is limited to the value of the contract.
7.2. The Photographer is not responsible for adverse conditions (e.g., weather, venue lighting) that may affect the quality of the photographs.
8. Force Majeure
8.1. Neither party shall be held responsible for failure or delay in performing its obligations if such failure or delay is due to unforeseen circumstances beyond the control of the parties, including but not limited to acts of God, war, strikes, or other unforeseen events.
9. Dispute Resolution
9.1. In the event of a dispute, the parties will seek an amicable resolution through good faith negotiations.
9.2. The European Commission provides a platform for Online Dispute Resolution (ODR): https://ec.europa.eu/consumers/odr.
10. Final Provisions
10.1. Any changes or amendments to these terms and conditions must be in writing to be valid.
10.2. The contract is subject to the laws of Germany, Hamburg
Contact Information:
Claire Hambley Photography
Claire Hambley
Zum Ausspann 11b
22419, Hamburg. DE
E-Mail: claire@claireh.photography