GENERAL TERMS AND CONDITIONS OF PHOTOGRAPHY

the Loewenzahm e.U.
Lorenz Marko-Moosweg 13-6166 Fulpmes
FN 358719d-UID ATU66251539
agbs@loewenzahm.at
 

1. Applicability and scope of the general terms and conditions:
   1. The following General Terms and Conditions shall apply if the photographer is an entrepreer within the meaning of § 1 KSchG as the contractual partner.
   2. The photographer will perform his/her services exclusively on the basis of the following general terms and conditions. The contracting authority shall recognise the applicability of the contract with the order. If no change is announced by the photographer, these shall also apply to all future business relationships, even if not expressly referred to them. Any General Terms and Conditions of the Contract Partner shall not be subject to contract.
   3. Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the liability of the remaining provisions of the contracts concluded under their basic provisions. An ineffective provision is to be replaced by an effective one that comes closest to its meaning and purpose.
   4. Offers by the photographer are subject to change and non-binding.
       
2. Copyright provisions:
   1. All copyright and performance rights of the photo-producer (§ § 1, 2 para. 2, 73ff UrhG) are available to the photographer. Permission for use (publication rights, etc.) shall be deemed to be granted only if the agreement is expressly agreed. In this case, the contractual partner acquires a simple (non-exclusive and non-exclusive), non-transferable (transferable) use permit for the expressly agreed use purpose and within the agreed limits (bearing rate, time and local restriction, etc.); in doubt, the in the invoice or in the delivery note, the use of the goods shall be decisive. In any case, the contractual partner acquires only as many rights as it corresponds to the stated purpose of the contract (issued order). In the absence of any other agreement, the use authorization shall only apply to a one-off publication (in one edition), only for the expressly designated medium of the client and not for advertising purposes.
   2. The contractual partner is at any use (duplication, distribution, broadcast etc.) , the manufacturer's name (name name) or The copyright notice in the sense of the WURA (World Economic Law Agreement) clearly and legibly (visible), in particular not toppled and in normal alletters, immediately attached to the photograph and to this clearly arranged as follows: Photo: (c) .. Name/Company/Artist name of the photographer; Location and, as published, Annual number of the first publication. In any case, this provision shall be deemed to be the affixing of the manufacturer's name in accordance with § 74 Abs 3 UrhG. If the light image is signed on the front side (in the picture), the publication of this signature does not replace the manufacturer's endorsement described above.
   3. Any change in the light image requires the written consent of the photographer. This shall not apply only if the change is required in accordance with the purpose of the contract known to the photographer.
   4. The use authorization shall only be granted in the case of full payment of the agreed admission and usage fees and only if a proper manufacturer's name/name (item 2.2 above) is made.
   5. In the case of a publication, two free copies are to be sent. In the case of expensive products (art books, video cassettes), the number of specimen copies is reduced to one piece. When published on the Internet, the photographer must be informed of the web address.
       
3. Ownership of film material-Archiving:
   1. Analogue photography:
      The ownership of the exposed film material (negatives, slides, etc.): is available to the photographer. This allows the contractual partner to pay the recordings required for the agreed use against the agreed and reasonable fee. Until full payment of the purchase price, the images delivered remain the property of the photographer. Diapositives (negative only in the case of written agreement) shall be made available to the contractual partner only on loan after use at the risk and expense of the contractual partner, unless otherwise agreed in writing.
   2. Digital photography
      The ownership of the image files is available to the photographer. A right to surrender of digital image files consists only in accordance with expressly written agreement and concerns-should no deviating agreement exist-only a selection and not all image files produced by the photographer. In any case, the use authorization shall be deemed to have been granted only in the scope of point 2.1.
   3. The reproduction or distribution of photographs in online databases, in electronic archives, on the Internet or in intranets, which are not only intended for the internal use of the client, on diskette, CD-Rom, or similar media, is only permitted on the basis of a special agreement between the photographer and the client. This shall be without prejudice to the right to a security copy.
   4. The photographer will archive the recording 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.
       
4. Marking:
   1. The photographer is entitled to provide the photographs as well as the digital image files with his manufacturer's name in any way that appears to be suitable (even on the front side). The contractual partner is obliged to provide for the integrity of the manufacturer's designation, in particular with permission to pass on to third parties (printers, etc.). Where necessary, the manufacturer's name shall be affixed or to be renewed. This applies in particular to all the duplicating agents produced in the production process. in the production of copies of digital image files.
   2. The contractual partner is obliged to store digital light images in such a way that the manufacturer's name remains electronically linked to the images, so that it is preserved for every type of data transmission and the photographer is clearly and unambiguously identifiable as the author of the images.
       
5. Additional duties:
   1. The contractual partner shall ensure that third parties are required to make use of the work required for the use of the work and the consent to the reproduction of persons. In this respect, he holds the photographer flawlessly and unflawlessly, in particular with regard to claims arising from the right to his own image in accordance with. § 78 UrhG as well as with regard to claims for use according to. § 1041 ABGB. The photographer guarantees the consent of authorized persons only in the case of express written commitment for the contractual purposes (point 2.1).
   2. If the photographer is to be commissioned by the contractual partner with the electronic processing of foreign photographs, the client assures that he is entitled to this effect and shall release the photographer from all claims of third parties based on a violation of this obligation.
   3. The contractual partner undertakes to pick up any receiving objects immediately after the recording. If these objects are not collected after a request at the latest after two working days, the photographer is entitled to charge storage costs or to store the items at the expense of the client. Transport and storage costs are to be borne by the contracting authority.
       
6. Loss and damage:
   1. In the event of loss of or damage to images produced by order (slides, negative material, digital image files), the photographer-from which title always-is liable only for intent and gross negligence. The liability is limited to his own fault and that of his staff; for third parties (laboratories etc.) the photographer is only liable for intent and gross negligence in the selection. Each liability shall be limited to the material costs and the free repetition of the recordings (if and as far as possible). The client shall not be liable for any further claims; the photographer shall not be liable in particular for any travel and residence expenses as well as for third party costs (models, assistants, visa personnel and other reception staff) or for lost profit, consequence and intangible damages. Claims for damages shall only exist if gross negligence is proven by the injured party. Compensation claims shall be refused after 3 months of knowledge of damage and damage, but in any case in 10 years after the provision of the service or delivery.
       
   2. Item 6.1 shall apply accordingly in case of loss or damage of transferred templates (films, layouts, display pieces, other templates, etc.) and overborn products and props. More valuable items shall be insured by the contractual partner.
       
7. Early resolution:
   The photographer is entitled to dissolve the contract with immediate effect for important reasons. In particular, an important reason shall be deemed to be the case where a bankruptcy or countervailing procedure is opened on the assets of the contracting party, or if a request for the opening of such a procedure is dismissed due to a lack of cost-covering assets or if the customer cedes his payments, or reasonable concerns regarding the creditworthiness of the contracting party, and which, after the photographer's request, does not make any advance payments or any suitable security, or if the performance of the service is not possible for reasons to be represented by the contracting party, or if a 14-day grace period is further delayed, or if the performance of the service is delayed, or the contracting party, in spite of written warning, continues with a grace period of 14 days in violation of essential obligations under the contract, such as payment of a partial amount due or obligation to co-act.
    
8. Performance and warranty:
   1. The photographer will carry out the assignment carefully. It may also have the order executed by third parties-in full or in part. Insofar as the contractual partner does not take any written orders, the photographer is free with regard to the way the order is carried out. This applies in particular to the image design, the selection of the photomodals, the recording location and the photographic means used. Deviations from previous deliveries as such do not constitute a defect.
   2. For defects that are due to incorrect or inaccurate instructions of the contractual partner, no liability is given (§ 1168a ABGB). In any case, the photographer shall be liable only for intent and gross negligence.
   3. The contract partner bears the risk for all circumstances that are not in the person of the photographer, such as weather conditions at outdoor shots, timely provision of products and props, failure of models, travel obstructions etc..
   4. Consignments travel at the expense and risk of the contracting party.
   5. Apart from those cases in which the contract partner is entitled to change due to the right to change, the photographer reserves the right to comply with the warranty claim after his or her choice by improving, exchanging or reducing prices. In this regard, the contracting party has always to prove that the defect was already present at the time of the transfer. The goods shall be examined immediately after delivery. Any defects found in this case shall be communicated to the photographer in writing immediately and at the latest within 8 days after delivery, with the notification of the nature and extent of the defect. Concealed defects shall be notified immediately after their discovery. If a complaint is not made or is not collected in good time, the goods shall be deemed to be approved. The assertion of warranties or claims for damages, including consequential damage, as well as the right to appeal against errors due to defects, are excluded in these cases. The warranty period is 3 months.
   6. There is no liability for insignificant defects. Differences in colour in the case of reordering are not considered to be a significant deficiency. Item 6.1 shall apply accordingly.
   7. Fixed order dates shall only be held with the express written agreement. In the event of any delay in delivery, 6.1 shall apply accordingly.
   8. In any case, minor delivery times are to be accepted without the contractual partner being entitled to a claim for damages or a right of withdrawal.
   9. Any use of the photographer's consent shall not include the public performance of any sound in any media.
       
9. Workshop/Honorary:
   1. In the absence of an express written agreement, the photographer will be able to pay a remuneration (fee) according to his/her valid price lists, otherwise an appropriate fee.
   2. The fee is also available for layout or presentation recordings as well as when a recovery is not possible or depends on the decision of a third party. In this case, no price reductions will be granted on the admission fee.
   3. All material and other costs (props, products, models, travel expenses, residency fees, visa fees, etc.), even if their procurement is carried out by the photographer, are to be paid separately.
   4. In the course of the execution of the work of the contract partner desired changes will go to its loads.
   5. Conceptual services (consulting, layout, other graphic services, etc.) are not included in the admission fee. The same applies to an above-average organizational effort or to such a meeting effort.
   6. If the contracting party is at a distance from the execution of the issued order for reasons lying within its sphere, the agreed fee shall be available to the photographer in the absence of any other agreement. In the event of mandatory changes in the schedule (e.g. For reasons of weather conditions), one of the results is in vain. to pay the amount of time reserved for the reserved time and all additional costs.
   7. The net fee is to be understood as a sales tax at their respective legal level.
   8. The contract partner waived the possibility of an offsetting.
       
10. License fee:
    Unless otherwise expressly agreed in writing, the photographer shall be subject to a usage fee in accordance with agreed or reasonable amount in the case of the granting of a usage permit.
     
11. Payment:
    1. In the absence of other express written agreements, an account payment of 50% of the estimated invoice total shall be made at the time of placing an order. Unless otherwise expressly agreed in writing, the Resthonorar-if it can be determined for the contractual partner-is due for payment immediately after termination of the work, otherwise after the invoice has been made. The invoices are payable without any deductions and free of charge. In case of transfer the payment shall be deemed to have been made only with the agreement of the photographer from the payment receipt.
    2. In the case of orders comprising several units, the photographer is entitled to invoice after delivery of each individual performance.
    3. In the event of a delay in payment of the contractual partner, the photographer is entitled to charge default interest in the amount of 5 percent above the base interest rate annually, without prejudice to any higher claims for damages.
    4. If images are transferred to the property of the contractual partner, this is only done with full payment of the admission fee, together with the additional costs. In the assertion of the retention of title there is no resignation from the contract, except this is expressly stated.
        
12. Data protection:
    The contracting party takes note of the following data protection notice, which has not received a further notification, and confirms that the photographer has thus fulfilled the duty to provide information:
    The photographer as the person responsible processes the personal data of the contractual partner as follows:
    1. Purpose of data processing:
       The photographer processes the under point 2. Personal data for the execution of the closed contract and/or the orders requested by the contractual partner, or for the use of the images for advertising purposes of the photographer, in addition to the further disclosed personal data for the photographer's own advertising purposes.
    2. Processed data categories and legal bases of processing:
       The photographer processes the personal data, namely the name, address, telephone and fax number, e-mail addresses, bank details and image data, in order to do so under point 1. shall be achieved.
    3. Transmission of the personal data of the contractual partner:
       For the purposes mentioned above, the contractual partner's personal data, if this is the content of the contract, will be transmitted by name to the recipient at the request of the contracting party, namely in particular third parties close to the contract, if this is the content of the contract, media, should there be an agreement with the contractual partner and third parties involved in the processing of the contract if necessary.
    4. Memory Duration:
       The personal data of the contractual partner shall only be kept by the photographer as long as this is deemed necessary by a reasonable way, in order to do so under point 1. and, in accordance with applicable law, to be permitted. The contractual partner's personal data will be stored as long as statutory retention obligations or limitation periods of potential legal claims have not yet expired.
    5. The rights of the contractual partner in connection with personal data:
       In accordance with applicable law, the contracting party shall be entitled, inter alia,
       • to check whether and what personal data the photographer has stored in order to obtain copies of these data-except for the photographs themselves
       • to require the correction, addition or deletion of his or her personal data which are incorrect or which are not processed in accordance with the law
       • to require the photographer to restrict the processing of the personal data-if the legal requirements are met-
       • , in certain circumstances, to object to the processing of his or her personal data or to revoke the consent previously given for processing
       • Require data portability
       • to know the identity of third parties to which the personal data are transmitted; and
       • Complaints lodged with the competent authority in the event of the legal requirements
    6. Contact details of the controller:
       Should the contractual partner have any questions and concerns regarding the processing of his/her personal data, he/she may contact the photographer, which is known to him in particular and in writing.
        
13. Use of images for advertising purposes of the photographer:
    Unless there is an express written agreement to the contrary, the photographer is entitled to use photographs produced by him in order to apply for his work. The contractual partner grants his/her express and irrevocable consent for publication for advertising purposes of the photographer and waived the assertion of any claims, in particular from the right to the own image in accordance with. § 78 UrhG as well as on claims for use according to. § 1041 ABGB.
    The contractual partner shall also give his consent, taking into account the data protection provisions in force, that his personal data and in particular the produced photographs will be processed in the sense of a publication for advertising purposes of the photographer.
     
14. Final provisions:
    1. The place of performance and the place of jurisdiction shall be the photographer's registered office. In the case of seat relaying, legal proceedings may be made at the old and the new head office.
    2. Any demand for recourse, the contractual partners or third parties from the title of product liability in the meaning of the PHG against the photographer shall be excluded, unless the regressauthorized proves that the error was caused in the sphere of the photographer and at least grossly negligently was in debt. In addition, Austrian material law shall apply. The applicability of the UN Sales Law is excluded. The contract language is German.
    3. These General Terms and Conditions apply to film works or motion pictures produced by photographers, irrespective of the method used and the technique used (film, video, etc.).