1. The photographer shall not be held liable for the breach of any third party rights (trademarks, company names, design rights) shown in the photographs or held by persons or objects depicted in the photographic material unless a duly signed release is enclosed. The customer shall be responsible for acquiring any other rights of utilization besides the copyright to the photograph in question and for obtaining releases from collections, museums etc., e.g. for images showing works of applied or plastic arts. The customer shall solely be responsible for the legend as well as the context in which the photograph is used.
2. The customer shall assume responsibility for the due and proper utilization of the photographic material as of the date of delivery.
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 be deemed to constitute good consideration for the one-time utilization of the photographic material for the agreed purpose in accordance with Section IV. 3 herein.
3. The fee shall not include any 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 shall be payable upon delivery of the photographs. If the results of the production are supplied in parts, the corresponding part payment shall fall due upon receipt of the corresponding delivery. In the case of commission productions, the photographer may request advance payments matching the percentage of completion of the production.
5. The fee provided for in Section VI. 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.
6. Only counter-receivables which are not disputed or have been upheld in a court of law may be netted or shall be 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. VII. Return of photographic material
2. Digital data shall be deleted and/or the data media destroyed upon completion of utilization. The photographer shall be under no duty to ensure the continued existence and/ or possibility of renewed delivery of the data.
4. 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 transportation until the photographic material reaches the photographer.
VIII. Penalties, damages
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 or customary fee shall be payable.
IX. General provisions
1. The contractual relationship anticipated by these Standard 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 Standard Terms and Conditions shall be in writing only.
3. If any of the provisions contained herein are void, this shall not prejudice 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.