General terms and conditions

!!! IMPORTANT !!! By customers and customers pre-reserved and reserved dates I always treat as binding. If appointments are canceled afterwards, I allow myself to charge the work and costs for research, planning, location visits, etc. in full, as well as a loss of earnings for the kept free date. Only „certified illness and force majeure“ is considered a reason for complaint without incurring costs. Concerns such as „a cheaper offer from a colleague“ I do not evaluate as a reason for complaint without incurring costs.


The requirements under the Data Protection Act 2018 have been incorporated.

I. Applicability and scope of the General Terms and Conditions:
1.1 The following General Terms and Conditions shall apply to the extent that the Photographer has a customer as a contractual partner within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG).
1.2 The Photographer shall provide his services exclusively on the basis of the following General Terms and Conditions. By placing the order, the Client acknowledges their applicability. Unless amended by the Photographer, they shall also apply to all future business relations, even if no express reference is made to them. Any general terms and conditions of the contractual partner shall not become part of the contract.
1.3 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions of the contracts concluded on the basis thereof. An invalid provision shall be replaced by a valid provision that comes as close as possible to its meaning and purpose.
1.4 Offers made by the Photographer are subject to confirmation and are non-binding.

II. Copyright provisions:

2.1 The photographer is entitled to all copyrights and ancillary copyrights of the photographer (§§1, 2 para. 2, 73ff UrhG). Permission for use (publication rights, etc.) shall only be deemed granted if expressly agreed. In this case, the contractual partner shall acquire a simple (non-exclusive and non-exclusive), non-transferable (assignable) license to use for the expressly agreed purpose and within the agreed limits (circulation number, time and place restrictions, etc.); in case of doubt, the scope of use stated in the invoice or delivery bill shall be decisive. In any case, the contractual partner shall only acquire as many rights as correspond to the disclosed purpose of the contract (order placed). In the absence of any other agreement, the permission to use shall be deemed granted only for a single publication (in one edition), only for the expressly designated medium of the client and not for advertising purposes.

2.2 The contractual partner is obligated with each use (duplication, distribution, broadcasting, etc.) to clearly and legibly (visibly) affix the manufacturer’s designation (naming) or the copyright notice in the sense of the WURA (World Copyright Convention), in particular not in abbreviated form and in normal letters, directly next to the photograph and clearly assignable to it as follows: „© Lisa Staudinger Photography (Web/ Print)/ @lisastaudingerphotography_ (Instagram)/ Lisa Staudinger Photography (Facebook)“. In any case, this provision shall be deemed to be the affixing of the manufacturer’s designation within the meaning of Section 74 (3) UrhG. If the Photograph is signed on the front (in the image), the publication of this signature shall not replace the manufacturer’s notice described above.

2.3 Any alteration of the Photograph shall require the written consent of the Photographer. This shall only not apply if the change is required according to the contractual purpose known to the Photographer.

2.4 The permission to use shall only be deemed granted in the event of full payment of the agreed shooting and usage fee and only if a proper manufacturer’s designation / naming (item 2.2 above) is provided.

2.5 In the event of publication, two free specimen copies shall be sent. In the case of expensive products (art books, video cassettes), the number of specimen copies shall be reduced to one. In the case of publication on the Internet, the photographer must be informed of the web address.

III Ownership of film material – archiving:

3.1.1 Analog Photography:

Ownership of the exposed film material (negatives RAWs, etc.): shall be vested in the Photographer. Until full payment of the purchase price, the delivered photographs remain the property of the photographer. RAWs (negatives) will not be made available to the contractual partner.

3.1.2 Digital Photography:

The Photographer shall be entitled to ownership of the image files. A right to the transfer of digital image files shall only exist upon express written agreement and – in the absence of any agreement to the contrary – shall only apply to a selection and not to all image files produced by the Photographer. In any case, the permission to use shall only be deemed granted to the extent of item 2.1.

3.2 Reproduction or distribution of Photographs in online databases, in electronic archives, on the Internet or in intranets which are not intended solely for the Client’s internal use, on diskettes, CD-ROMs, USB sticks or similar data carriers shall only be permitted on the basis of a special agreement between the Photographer and the Client. The right to a backup copy shall remain unaffected.

3.3 The Photographer shall archive the photograph without legal obligation for a period of one year. In the event of loss or damage, the contractual partner shall not be entitled to any claims.

IV. Marking:

4.1 The Photographer shall be entitled to mark the Photographs as well as the digital image files with his/her manufacturer’s designation in any manner he/she deems suitable (including on the front). The contractual partner shall be obliged to ensure the integrity of the manufacturer’s designation, in particular in the case of permitted transfer to third parties (printers, etc.). If necessary, the manufacturer’s designation shall be affixed or renewed. This shall also apply in particular to all means of reproduction created during production or when making copies of digital image files.

4 4.2 The contractual partner shall be obliged to store digital photographs in such a way that the manufacturer’s designation remains electronically linked to the photographs so that it is retained in any type of data transmission and the photographer can be clearly and unambiguously identified as the originator of the photographs.

V. Ancillary Obligations:

5.1 The contracting party shall be responsible for obtaining any necessary work use permits from third parties and consent to the depiction of persons. He/she shall indemnify and hold the Photographer harmless in this respect, in particular with regard to claims arising from the right to his/her own image pursuant to Section 78 of the Copyright Act (UrhG) and with regard to claims for use pursuant to Section 1041 of the Austrian Civil Code (ABGB). The Photographer guarantees the consent of authorized persons only in the event of express written consent for the contractual purposes of use (Item 2.1).

5.2 Should the Photographer be commissioned by the contractual partner to electronically process third-party photographs, the Client shall assure that he/she is entitled to do so and shall indemnify the Photographer against all third-party claims based on a breach of this obligation.

5.3 The contractual partner undertakes to collect any photographic objects immediately after the photograph has been taken. If these objects are not collected after two working days at the latest after being requested to do so, the Photographer shall be entitled to charge storage costs or to store the objects at the Client’s expense. Transport and storage costs shall be borne by the client.

VI. Loss and Damage:

6.1 In the event of loss of or damage to photographs produced on commission (slides, negatives, digital image files), the Photographer shall be liable – under whatever legal title – only for intent and gross negligence. Liability is limited to the photographer’s own fault and that of his/her employees; for third parties (laboratories etc.) the photographer is only liable for intent and gross negligence in the selection. Any liability is limited to the cost of materials and the free repetition of the photographs (if and insofar as this is possible). The client shall not be entitled to any further claims; the photographer shall in particular not be liable for any travel and accommodation expenses or third-party costs (models, assistants, make-up artists and other shooting personnel) or for loss of profit, consequential and immaterial damages. Claims for damages exist only if gross negligence is proven by the injured party. Claims for compensation shall become statute-barred 3 months after knowledge of the damage and the damaging party, but in any case 10 years after performance of the service or delivery.

6.2 Point 6.1 shall apply mutatis mutandis in the event of loss of or damage to handed-over artwork (films, layouts, display pieces, other artwork, etc.) and handed-over products and props. Valuable items are to be insured by the contractual partner.

VII. Early termination:

The Photographer is entitled to dissolve the contract with immediate effect for good cause. Good cause shall be deemed to exist in particular if bankruptcy or composition proceedings are instituted against the assets of the contractual partner or if an application for the institution of such proceedings is rejected for lack of assets to cover costs, or if the customer ceases to make payments, or if there are justified concerns regarding the creditworthiness of the contractual partner and the latter fails to make advance payments or provide suitable security after being requested to do so by the Photographer, or if the performance of the service is impossible for reasons for which the contractual partner is responsible or is further delayed despite the setting of a 14-day grace period, or if the contractual partner continues to violate essential obligations arising from the contract, such as the payment of a due partial amount or obligations to cooperate, despite a written warning with a grace period of 14 days.

VIII. Performance and Warranty:

8.1 The Photographer shall carefully execute the order placed. He/she may also have the order executed – in whole or in part – by third parties. Unless the contractual partner issues written instructions, the Photographer shall be free to choose the manner in which the order is executed. This applies in particular to the composition of the picture, the selection of the models, the location and the photographic means used. Deviations from previous deliveries shall not constitute a defect as such.

8.2 No liability shall be assumed for defects resulting from incorrect or inaccurate instructions of the contractual partner (§ 1168a ABGB). In any case, the Photographer shall only be liable for intent and gross negligence.

8.3 The contractual partner shall bear the risk for all circumstances that do not lie in the person of the Photographer, such as weather conditions for outdoor shoots, timely provision of products and props, failure of models, travel hindrances, etc.

8.4 Shipments travel at the expense and risk of the contractual partner.

8.5 The Photographer reserves the right – apart from those cases in which the contractual partner is legally entitled to rescission – to fulfill the warranty claim at his/her discretion by improvement, exchange or price reduction. In this respect, the contractual partner must always prove that the defect was already present at the time of delivery. The goods must be inspected immediately after delivery. Defects discovered by entrepreneurs must also be reported to the photographer in writing without delay, but no later than 8 days after delivery, stating the nature and extent of the defect. Hidden defects are to be reported (by entrepreneurs) immediately after their discovery. If a notice of defect is not made or not made in time, the goods shall be deemed approved. The assertion of warranty or damage claims, including consequential damages, as well as the right to contest errors due to defects, are excluded in these cases. The warranty period shall be 3 months.

8.6 No liability shall be assumed for insignificant defects. Color differences in the case of repeat orders shall not be deemed to be a significant defect. Point 6.1 shall apply accordingly.

8.7 We shall only be liable for fixed order dates if expressly agreed in writing. In the event of any delays in delivery, 6.1 shall apply accordingly.

8.8 Slight exceeding of the delivery period

8.9 Any authorization of use by the photographer does not include the public performance of sound works in any media.

IX Remuneration for work / fee:

9.1 In the absence of an express written agreement, the Photographer shall be entitled to a remuneration for work and services (fee) in accordance with his/her respective valid price lists, otherwise an appropriate fee.

9.2 The fee shall also be due for layout or presentation shots as well as if utilization is omitted or depends on the decision of third parties. In this case, no price reductions shall be granted on the recording fee.

9.3 All material and other costs (props, products, models, travel expenses, subsistence expenses, make-up artists, etc.), even if procured by the Photographer, shall be paid separately.

9.4 Any changes requested by the contractual partner in the course of the performance of the work shall be borne by the contractual partner.

9.5 Conceptual services (consulting, layout, other graphic services, etc.) are not included in the shooting fee. The same shall apply to above-average organizational expenses or such meeting expenses.

9.6 If the contractual partner refrains from carrying out the order placed for reasons within his/her sphere of influence, the Photographer shall be entitled to the agreed fee in the absence of any other agreement. In case of absolutely necessary changes of dates (e.g. due to weather conditions), a fee corresponding to the time spent in vain or reserved and all additional costs shall be paid.

9.7 The contractual partner waives the possibility of offsetting.

X. License fee:

Unless otherwise expressly agreed in writing, the Photographer shall be separately entitled to a work usage fee in the agreed or appropriate amount in the event that a usage permit is granted.

XI. Payment:

11.1 In the absence of other express written agreements, a payment on account in the amount of 20% of the anticipated invoice total shall be made upon placement of the order. Unless otherwise expressly agreed in writing, the remaining fee – if determinable for the contractual partner – shall be due for payment in cash immediately after completion of the work, otherwise immediately after invoicing. The invoices are payable without any deductions and free of charges. In the event of a bank transfer, payment shall be deemed to have been made only upon the Photographer’s notification of receipt of payment.

11.2 In the case of orders comprising several units, the Photographer shall be entitled to invoice after delivery of each individual service.

11.3 In the event of default in payment on the part of the Client, the Photographer shall be entitled to charge interest on arrears in the amount of 5 percent above the prime rate per annum, without prejudice to any claims for damages in excess thereof.

11.4 Insofar as delivered images become the property of the contractual partner, this shall only occur upon full payment of the shooting fee including ancillary costs. The assertion of the retention of title does not constitute a withdrawal from the contract, unless this is expressly declared.

XII. Data protection:

The contractual partner expressly agrees that the Photographer may automatically determine, store and process the data provided by him/her (name, address, e-mail, credit card data, data for account transfers, telephone number) for the purpose of fulfilling the contract and providing support as well as for his/her own advertising purposes. Furthermore, the contractual partner agrees that electronic mail may be sent to him for advertising purposes until revoked. The contractual partner acknowledges the following data protection notice, insofar as he/she has not received any further notice, and confirms that the photographer has thereby fulfilled his/her duty to inform:

The Photographer, as the responsible party, processes the personal data of the Contractual Partner as follows:

1. purpose of data processing:

The Photographer processes the personal data mentioned under point 2. for the execution of the concluded contract and / or the orders requested by the Contractual Partner or for the use of the images for advertising purposes of the Photographer, furthermore the further disclosed personal data for the own advertising purposes of the Photographer.

2. categories of data processed and legal basis for processing:

The Photographer processes the personal data, namely name, address, telephone and fax numbers, e-mail addresses, bank details and image data, in order to achieve the purposes stated under point 1.

3. transmission of the personal data of the contracting party:

For the above-mentioned purposes, the personal data of the Contractual Partner, if this is the content of the contract, will be transmitted to recipients to be named at the request of the Contractual Partner, namely in particular to third parties related to the concluded contract, if this is the content of the contract, media, should there be an agreement with the Contractual Partner in this respect and, if applicable, third parties involved in the execution of the contract.

4. storage period:

The personal data of the Contractual Partner shall only be stored by the Photographer for as long as is reasonably deemed necessary to achieve the purposes stated under point 1 and as permitted by applicable law. The personal data of the contractual partner will be stored as long as statutory retention obligations exist or the limitation periods of potential legal claims have not yet expired. 5.

5. the rights of the contracting party in connection with personal data:

Under applicable law, the Contractual Partner is entitled, among other things, to

– to check whether and which personal data the Photographer has stored in order to obtain copies of this data – except for the Photographs themselves

– to demand the correction, completion or deletion of his/her personal data that are incorrect or not processed in accordance with the law

– to request the photographer to restrict the processing of his/her personal data, provided that the legal requirements are met

– object, under certain circumstances, to the processing of his/her personal data or revoke the consent previously given for such processing

– request data portability

– to know the identity of third parties to whom the personal data are transmitted; and

– to lodge a complaint with the competent authority if the legal conditions are met

6. contact details of the person in charge:

If the contracting party has any questions or concerns regarding the processing of its personal data, it may contact the photographer(s) known to it by name and address.

XIII. Use of Photographs for Advertising Purposes of the Photographer(s):

The Photographer shall be entitled – in the absence of any express written agreement to the contrary – to use Photographs produced by him/her to advertise his/her activities. The contractual partner grants his/her express and irrevocable consent to the publication for advertising purposes of the photographer(s) and waives the assertion of any claims, in particular from the right to his/her own image pursuant to § 78 UrhG (Copyright Act) as well as claims for use pursuant to § 1041 ABGB (General Civil Code).

The contractual partner also gives his/her consent, taking into account the applicable data protection regulations, for his/her personal data and in particular the photographs produced to be processed in the sense of a publication for advertising purposes of the photographer.

 XIV Final Provisions:

14.1 The place of performance and jurisdiction is the registered office of the Photographer. In the event of a relocation of the registered office, legal action may be brought at the old and the new registered office. 14.2 Any recourse claims asserted against the Photographer by contractual partners or third parties on the grounds of product liability within the meaning of the Austrian Product Liability Act (PHG) shall be excluded unless the party entitled to recourse proves that the defect was caused within the Photographer’s sphere of responsibility and was at least due to gross negligence. In all other respects, Austrian substantive law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. The language of the contract is German. If the requirements of Article 5 (2) of the European Convention on Contracts for the International Sale of Goods (CISG) are met, but not a case of Article 5 (4) in conjunction with Article 5 (5) of the CISG, the choice of law shall not result in the contracting party being deprived of the protection granted by the mandatory provisions of the law of the country in which it has its habitual residence.

13.3 These General Terms and Conditions shall apply mutatis mutandis to cinematographic works or motion pictures produced by Photographers in accordance with the order, irrespective of the process and technique used (film, video, etc.).

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