GENERAL TERMS AND CONDITIONS

These Terms and Conditions are drawn up in English as the primary language of this website. A German version is available on request. The contractual languages are English and German; in the event of any discrepancy or question of interpretation, the German version shall prevail.

I. APPLICABILITY AND SCOPE OF THESE TERMS AND CONDITIONS

  • These General Terms and Conditions apply exclusively to contracts concluded with consumers within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG), meaning natural persons who enter into legal transactions for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity.

  • Unless expressly and in writing agreed otherwise, all contracts concluded with the Photographer shall be based solely on these General Terms and Conditions. Deviating, conflicting, or supplementary terms and conditions of the Client shall not apply unless expressly and in writing acknowledged by the Photographer in an individual case.

  • In particular, actions of the Photographer performed in execution of the contract shall not be interpreted as acceptance of any terms and conditions deviating from these GTC. Any implied acceptance of third-party contractual clauses is hereby expressly excluded.

  • Should individual provisions of these GTC or the contract be or become invalid in whole or in part during the term of the contract, the validity of the remaining provisions shall remain unaffected, provided that the invalid provision does not concern a primary contractual obligation. In place of the invalid or missing provision, the statutory regulation that most closely reflects the economic purpose of the intended provision shall apply.

  • Failure by the Photographer to exercise any rights under these GTC shall not be construed as a waiver or restriction of such rights in the future. All rights remain fully enforceable.

II. OFFER AND CONCLUSION OF CONTRACT

  • Unless expressly and in writing designated as binding, any offer provided by the photographer shall be deemed non-binding and subject to change. This applies in particular to all price indications in price lists, brochures, digital presentations, or other informational materials, which serve exclusively as non-binding reference points.

  • The offer received by the client shall remain valid for 72 hours from the time of receipt. For the same duration, the respective date will be provisionally reserved.
    If no written acceptance by the Client is received within this period, the offer and the reservation automatically expire without the need for further notice. A renewed reservation may be declined by the Photographer or may be granted only under adjusted conditions.

  • The client may submit an order verbally or in writing. Upon receipt of the order, the photographer shall, within a reasonable period, provide either: (a) a written order confirmation constituting acceptance of the offer, or (b) a notice of rejection of the order.

  • The contract becomes legally binding upon receipt of the order confirmation by the client. Only from that moment do the mutual obligations arise. The photographer is therefore not obliged to provide any services until the order confirmation has been issued and received by the Client.

  • These Terms and Conditions form an inseparable component of the contractual relationship pursuant to Austrian civil law (insbesondere §§ 864a, 879 ABGB). By confirming the offer in writing, by signing any contractual document, or by making the first payment toward the agreed services, the Client expressly accepts these Terms and Conditions as legally binding. Any conduct by the Client that clearly indicates the use or acceptance of the Photographer’s services - such as attending the scheduled photo session - also constitutes acceptance of these Terms and Conditions pursuant to § 863 ABGB.

III. PERFORMANCE OF SERVICES & GRANT OF USAGE RIGHTS

  • The Photographer is entitled to have the contract performed, either in full or in part, by qualified third parties (such as laboratories, image editors, retouchers, stylists, or similar specialists). Unless the Client issues explicit written instructions, the method and manner of performance shall be at the sole discretion of the Photographer. This includes, in particular, artistic and technical decisions, the choice of models, locations, as well as all optical, technical, and photographic means. Any deviation from the Client’s subjective expectations within this artistic and technical discretion does not constitute a defect and does not give rise to claims for price reduction, replacement, or re-editing.

  • Delivery dates or performance deadlines specified by the Photographer shall be considered non-binding estimates unless expressly confirmed in writing as binding. No claims -especially for damages, price reduction, or contract termination - may be derived from non-adherence to non-binding delivery estimates.
    The Photographer undertakes, however, to deliver the agreed photographs within six to eight weeks after completion of the photographic reportage, unless a different written agreement exists.

  • Acceptance and Complaints (Inspection Period): The Client must inspect all images delivered by the Photographer (including any preview galleries as well as final edited images) within 7 calendar days from their provision and must report any defects within this period in writing, including a detailed description of the alleged defect and at least one sample image. After expiration of this 7-day period, the delivered work shall be deemed fully accepted, free of defects, and in accordance with the contract. Any later objections, of any kind, are excluded and do not give rise to any claims (in particular no re-editing, replacement, price reduction, cancellation, or provision of RAW files).

  • Technical defects (e.g., corrupted files) may constitute a defect. Stylistic or aesthetic objections, or any dissatisfaction based on artistic interpretation, do not constitute defects and do not give rise to warranty or compensation claims. If a defect was not objectively detectable during proper immediate inspection, it must be reported immediately upon discovery; otherwise, all warranty and rescission rights are excluded.

  • Expressions of Opinion by Third Parties: Statements, criticism, or opinions voiced by third parties (such as family members, friends, guests, or any individuals not party to the contract) do not affect the acceptance, performance, or assessment of the work. Such third-party feedback does not constitute a defect, does not grant a right of withdrawal, re-editing, price reduction, nor does it entitle the Client to the release of RAW files.

  • Completion of the Assignment: Upon complete delivery of the agreed image files and full payment of the Photographer’s fee, the assignment shall be deemed fully and finally completed. After this point, no further claims exist, in particular none for re-editing, replacement, price reduction, withdrawal from the contract, or release of RAW files (unprocessed digital negatives), unless mandatory statutory provisions require otherwise. RAW files / unprocessed digital negatives are not part of the contractual scope and are not provided. A release of RAW files may only occur upon a separate written request, is fully at the Photographer’s discretion, and requires a separate, appropriately high additional fee, considering the substantial data volume and technical effort required for preparation and delivery. Any request for additional services, further edits, or further image files constitutes a separate, billable supplementary assignment. A separate offer will be provided upon request.

  • If binding delivery dates were expressly agreed in writing, the Client may withdraw from the contract only after granting a reasonable grace period—unless the contract qualifies as a fixed-date transaction under section IV. Any such withdrawal does not affect the Photographer’s right to compensation for damages arising from delays attributable to the Client.

  • If the contract expressly requires performance at a fixed date or within a fixed period, and the Photographer is in default, the contract shall be considered dissolved unless the Client immediately declares in writing that performance is still desired. Statutory damage claims remain unaffected; any further liability of the Photographer is excluded to the extent permitted by law.

  • Upon acquisition of the works (whether physical or digital), the Client receives a simple, non-exclusive, non-transferable license for the expressly agreed purpose and within the agreed temporal, geographic, and substantive limits. Absent explicit agreement, the usage right covers only a single publication, in one edition, in the specifically designated medium, and not for advertising or promotional purposes. The statutory right to create individual copies for private use under § 42 UrhG remains unaffected.

  • The usage license becomes effective only after full payment of the photographic fee and any licensing fee. Until full payment has been received, all usage rights remain exclusively with the Photographer. Proper photographer credit in accordance with section IV is a prerequisite for valid usage.

IV. COPYRIGHT AND RELATED RIGHTS

  • All photographs created by the Photographer are protected by copyright under the Austrian Copyright Act (Urheberrechtsgesetz). The Photographer retains all copyrights and related rights (§§ 1, 14 and 75 UrhG), including but not limited to rights of reproduction, distribution, processing, and publication. Unless expressly stated otherwise in the contract, the Clients receive a non-exclusive, non-transferable licence for private use only (e.g., printing for personal purposes, sharing with family and friends). Any commercial use, publication, editing, alteration, transfer of rights, or forwarding of the images to third parties (e.g., vendors, planners, service providers) requires the prior written consent of the Photographer and may incur additional licensing fees. The Photographer reserves the right to use images for her own marketing, portfolio, website, and social media, unless the Clients explicitly object in writing prior to the delivery of the final gallery.

  • Reproduction or distribution of the works in online databases, internet platforms, electronic archives, cloud storages or other externally accessible data carriers that are not intended solely for the Client’s internal private use is permitted only on the basis of a separate written agreement with the Photographer. The right to create a single backup copy remains unaffected, provided that such copy is made exclusively for private purposes and is not made accessible to third parties.

  • For every form of use, in particular reproduction, distribution, public making-available, broadcasting or publication in social media, the client is obliged to affix the creator’s credit (attribution) clearly, legibly and in immediate proximity to the image. The correct form of credit is: Photo: © CHIARA MILO. This attribution must meet the requirements of the Berne Convention (Writers’ and Artists’ Rights Convention). This obligation applies even if the work is not already provided with a creator’s credit. A signature within the image itself does not replace the creator’s credit described above. Tagging or linking to the Photographer’s profile on Instagram/Facebook or similar platforms is permitted as an additional measure but does not substitute the required creator’s credit.

  • Any editing, alteration, manipulation or distortion of the work requires the Photographer’s prior written consent. The only exception is for changes that are strictly necessary for the contractual purpose known to the Photographer (e.g. technical format adjustments required by the commissioned medium). An unauthorised alteration infringes the moral rights of the author (§§ 19, 21 UrhG) and gives rise to corresponding claims.

  • In the event of an infringement of copyright or related rights, the Photographer shall be entitled to all remedies under §§ 81 et seq. UrhG, in particular injunctive relief, removal, damages, disgorgement of profits, appropriate remuneration and publication of the judgment. These claims exist irrespective of the fault of the infringer (strict liability). In case of breach of the obligation to provide the creator’s credit, the Photographer shall be entitled to compensation for non-pecuniary damage pursuant to § 87(2) UrhG, which shall amount at least to the appropriate remuneration pursuant to § 86 UrhG — without prejudice to any additional pecuniary loss pursuant to § 87(1) UrhG.

V. OWNERSHIP OF IMAGE FILES & ARCHIVING

  • Analogue Photography: All ownership rights to the exposed photographic material (negatives, slides, prints, contact sheets, etc.) remain exclusively with the Photographer. The Client receives, against a reasonable and separately charged fee, only those analogue images transferred into their ownership which are necessary for the agreed usage. Slides shall be provided solely on a loan basis, unless expressly and in writing agreed otherwise, and only for use within the scope of the usage licence pursuant to clause III. Upon completion of use, they must be returned at the Client’s risk and expense. Acquisition of ownership in slides is excluded.

  • Digital Photography: All ownership and exclusive rights of disposition over all digital image files remain solely with the Photographer. The Client is entitled to receive digital files only if expressly agreed in writing, and unless otherwise stipulated such entitlement covers only a selection of images jointly agreed upon with the Photographer. The release of raw files (RAW files), unedited image series or any other working files is strictly excluded. No contractual or statutory claim to such materials exists.

  • Creator’s Credit: The Photographer may mark all works—physical or digital—in an appropriate manner, visibly or invisibly, including on the front side of the image. The Client shall not remove, alter or obscure this marking. Final delivered images will not contain visible watermarks unless explicitly agreed. In cases of lawful transfer to third parties (e.g., print laboratories, designers), the Client must ensure that the creator’s credit is retained or reinstated where necessary.

  • Archiving: The Photographer stores the final edited images for a minimum period of six (6) months from the date of delivery. RAW files, unedited material and preliminary selections are not archived and may be deleted immediately after delivery. The Photographer is not liable for any loss of data after the stated retention period. The Clients are responsible for securing their delivered images (e.g., backups, external drives, cloud storage). Re-delivery after the retention period cannot be guaranteed and may incur an additional fee if retrieval is still possible.

VI. REMUNERATION (FEE, COMPENSATION)

  • Unless expressly agreed otherwise in writing, the remuneration payable shall be determined exclusively by the prices of the photographer valid at the time the order is placed. Any earlier or outdated price lists do not entitle the client to lower fees. The applicable prices are solely those currently published by the photographer or communicated to the client during the offer process.

  • The photographer is entitled to a shooting fee, which is also payable for layout or presentation shots, and likewise in cases where the images are ultimately not used or where usage depends on decisions made by third parties. No price reductions shall be granted on the shooting fee in such cases. In addition, the photographer is entitled to a sales fee for the sale of photographs/film material and to a separate work usage fee (licence fee) for granting usage rights exceeding the private-use allowance under § 42 UrhG, in the agreed amount.

  • Conceptual services (consultation, layout, additional graphic services, etc.) as well as material costs and expenses for props, models, travel costs, accommodation expenses, make-up artists, and similar third-party services are not included in the shooting fee and will be charged separately. The same applies to above-average organisational or meeting-related effort.

  • If, after delivery of the images, additional images beyond those contractually agreed are requested, the time required for the client to select these images during an in-person meeting, or the time spent uploading the images into an online gallery including the editing of the selected images, will be billed accordingly. A separate offer will be sent to the client, which must be accepted before the additional work is carried out.

  • All prices are quoted in euros and apply ex-works (i.e., at the photographer’s site, excluding shipping, handling, customs or other transport costs). For any goods that are shipped, an additional flat fee for packaging and shipping will apply.

  • Any changes to the assignment requested by the client during execution shall be at the client’s expense and will be charged separately.

  • The photographer is not bound to maintain previous prices for follow-up assignments.

  • No warranty is given for the accuracy of cost estimates.

VII. PAYMENT

  • Unless a different payment deadline has been expressly agreed in writing, the full remuneration is due immediately upon invoicing, without any deductions. Regardless of this, the client shall ensure that the invoice amount is received in full and free of charges in the Photographer’s account no later than 7 days from the invoice date. Discounts, deductions, or reductions are excluded.

  • A booking is confirmed only after receipt of a deposit of 50% of the total amount stated in the offer. The date is considered firmly reserved and binding only once this amount has been fully credited to the photographer’s account. The photographer is entitled to request further advance payments prior to commencing performance, as well as to issue partial invoices for divisible services already rendered. The Photographer expressly reserves the right to withhold services until all outstanding partial payments have been made in full.

  • Notwithstanding any designation (“purpose of payment”) made by the client, the photographer is entitled to allocate incoming payments in the following order:
    (a) costs related to recovery of the debt, (b) statutory or contractual default interest, (c) the principal claim. A differing allocation intended by the client has no legal effect.

  • In the event of late payment, the client owes default interest of 4% p.a., irrespective of fault, as well as compound interest pursuant to § 1000 ABGB.
    If the delay is attributable to the client, the client shall additionally reimburse the photographer for all necessary and appropriate reminder, collection, and legal enforcement costs pursuant to § 1333 para 2 ABGB, as well as any further damages incurred. This includes, in particular, disadvantages arising from the use of credit lines or the accrual of higher bank interest.

  • The client is only entitled to offset claims against those of the photographer if: (a) the photographer is insolvent, (b) the client’s counterclaim is legally connected to the photographer’s claim (§ 1440 ABGB), or (c) the counterclaim has been legally established by a court or expressly acknowledged in writing by the photographer.

  • A right of retention is available to the client only for claims arising directly from the same contractual relationship. Rights of retention from other or previous transactions are excluded (§ 471 ABGB analogously).

VIII. STATUTORY RIGHT OF WITHDRAWAL (FAGG / KSchG)

  • Exclusion of the right of withdrawal for services: The statutory right of withdrawal for consumers is excluded in accordance with § 18 (1) item 1 of the Austrian Distance and Off-Premises Contracts Act (FAGG) if the consumer expressly requests that the photographer begin providing the service before the 14-day withdrawal period expires, the consumer explicitly confirms awareness of the loss of the withdrawal right upon full performance of the contract, and the photographer has fully completed the commissioned service.

  • Exclusion for custom-made goods / personalised products: Withdrawal is not permitted under § 18 (1) item 3 FAGG for contracts involving goods or works that are manufactured according to consumer specifications or are clearly customised to the consumer’s personal needs (including but not limited to personalised photo products, albums, prints, individually edited files, and similar customised deliverables).

  • Exclusion for digital content (no physical medium): The right of withdrawal is excluded under § 18 (1) item 11 FAGG if the photographer - (i) has received the consumer’s explicit consent to begin providing non-tangible digital content before the expiry of the withdrawal period, (ii) has received confirmation from the consumer acknowledging the consequent loss of the withdrawal right, and (iii) has provided the consumer with a contract confirmation in accordance with §§ 5 (2) or 7 (3) FAGG. This applies in particular to digital image files, online galleries, downloads and similar digital content.

  • Exclusion in case of mere change of mind: Withdrawal is not possible if the consumer merely changes their mind, particularly in situations where: (a) another photographer has offered a lower price, (b) the consumer wishes to postpone the event date, (c) the consumer selects a new date on which the photographer is unavailable or (d) the consumer no longer wishes to proceed with the contract for personal reasons.

  • Exclusion in case of termination without good cause: Termination of the contract by the consumer without legitimate reason does not constitute a free right of withdrawal. In such cases, the consumer remains obligated to pay the contractually agreed cancellation fees.

IX. CANCELLATION, RESCHEDULING & MODIFICATION OF SERVICES

  • General Provisions: Upon signing the offer or booking confirmation, the agreed date is bindingly reserved for the clients. Any cancellation, rescheduling or modification of the booking or scope of services must be submitted in writing and becomes effective upon receipt by the photographer. Payments already made will be credited towards any applicable cancellation fees and are generally non-refundable.

  • Cancellation by the Client: In the event of a cancellation, regardless of the reason, the following cancellation fees apply, calculated on the basis of the agreed total amount: 1.) up to 5 months before the booked date: 50%, 2.) 5 – 3 months before the date: 75%, 3.) 3 months – 2 weeks before the date: 90%, 4.) within the final 2 weeks prior to the event or on the event day: 100%.

  • The stated cancellation fees reflect the Photographer’s actual economic loss. In the case of short-notice cancellations, the date can typically no longer be rebooked; furthermore, fixed costs, preparation time and reservation losses have already been incurred. The percentages therefore constitute a reasonable pre-estimated compensation for the anticipated loss and are calculated on the basis of the agreed total price. Any payments already made will be credited accordingly.

  • Rescheduling for Important and Unavoidable Reasons: A rescheduling is considered necessary and unavoidable if severe and verifiable reasons apply (e.g. illness, accident, pregnancy complications, death within the immediate family). (a) Photographer available on the new date: The photographer is entitled to apply the following price adjustments: +10% for rescheduling within the same calendar year; +20% for rescheduling to the following calendar year or, if higher, the price list valid on the new date. (b) Photographer not available on the new date: This is deemed a cancellation for important reasons. The client shall pay 25% of the agreed total fee plus all incurred expenses.

  • Rescheduling for Non-Essential Reasons: For rescheduling without compelling reasons (e.g. personal circumstances, changes in event planning): (a) If the photographer is not available on the new date, the cancellation rules in Section 2 apply. (b) If the photographer is available, a rescheduling fee of 50% of the base package will be charged. This fee compensates for the economic loss caused by the original date being reserved. The client is required to announce a new date within 12 months. Failure to do so results in the booking being charged at 100% cancellation fee.

  • Cancellation or Non-Performance by the Photographer: The Photographer is entitled to withdraw from the contract no later than six months prior to the agreed date for important organisational reasons, provided that personal performance of the assignment has become objectively impossible or unreasonable. In such cases, any payments already made will be refunded promptly and in full. The Photographer will make reasonable efforts to recommend a suitable replacement photographer. No further claims may be made by the Clients. If the Photographer is unable to personally fulfil the assignment due to compelling and unforeseeable reasons (such as illness, accident, pregnancy complications, family emergencies or force majeure), she is likewise entitled to appoint a suitable replacement photographer. If this is not possible, any payments already made will be refunded in full; no further claims shall exist. In the event that the assignment concerns an event that cannot be repeated (in particular weddings), the Photographer will use her best efforts to arrange an equivalent replacement.

  • Force Majeure: If the assignment cannot take place due to force majeure (e.g. natural disasters, governmental restrictions, epidemics, severe weather), no cancellation fees apply. However, any already incurred expenses (e.g. travel costs, material costs) must be reimbursed by the clients.

  • Partial Cancellations & Adjustments of Services: If the client reduces the scope of services (e.g. shortening the booked coverage), this constitutes a partial cancellation. The corresponding cancellation fees will be calculated proportionally based on the rates outlined in Section 2.

  • Reimbursement of Expenses: Regardless of cancellation or rescheduling, the clients must reimburse all actual expenses incurred (e.g. preparation, travel costs, reservations, materials).

X. DUTIES OF THE CLIENT

  • Client’s duty to cooperate: The Client is obliged to perform all acts of cooperation required for proper fulfilment of the contract in a timely and complete manner and to support the Photographer to the best of their ability. This includes, in particular, the obligation to provide all information, access, conditions, and permissions necessary for executing the photographic work in due time.

  • Obtaining third-party usage permissions: The Client alone is responsible for obtaining all required usage permissions from third parties whose rights may be affected by the photographs. This applies in particular to: works of visual art; designs, patterns, models, trademarks, logos, protected motifs; property rights or location permissions; photographic templates or any other third-party rights. The Client is likewise responsible for securing all required consent declarations from any persons depicted in the images (such as models, participants, guests). The Photographer guarantees consent from right holders only where expressly confirmed in writing and solely for the contractually defined purpose pursuant to Section 3.6.

  • Indemnification (hold harmless clause): The Client agrees to fully indemnify and hold the Photographer harmless from any civil or criminal claims asserted against her arising from the Client’s conduct, missing permissions, or violations of statutory provisions. The indemnification covers all third-party claims as well as all costs incurred by the Photographer in defending such claims (including attorneys’ fees, court costs, and expert fees).

  • Editing third-party images: If the Client commissions the Photographer to electronically edit images created by a third party, the Client expressly confirms that they hold all rights necessary for such use. The Client shall fully indemnify and hold the Photographer harmless from all claims asserted by third parties arising from missing rights or infringements of copyright.

  • Provided objects / storage: The Client is obliged to promptly collect any objects, props, or materials provided to the Photographer for the photo session immediately after completion of the shoot. If such items are not collected within two working days despite a request to do so, the Photographer is entitled to store the items at the Client’s risk and cost, including reasonable storage and administrative fees. The Photographer assumes no liability for such items except in cases of intent or gross negligence.

XI. DEFAULT OF ACCEPTANCE, WITHDRAWAL BY THE CLIENT

  • Default of acceptance: If the client fails to accept the service properly offered by the photographer at the agreed time and place, or if the client prevents the performance of the service for reasons within their sphere of responsibility, the client shall be deemed in default of acceptance.

  • Cost consequences of default of acceptance: In the event of default of acceptance, the client shall in any case bear: all storage costs, the costs of unsuccessful delivery attempts, the costs of any repeated delivery, as well as all additional expenses caused by the delay.

  • Liability for damages in case of fault: If the client is at fault for the default of acceptance, even slight negligence is sufficient, the client shall compensate the photographer for the entire damage resulting therefrom. This includes, in particular: lost fees, downtime and waiting periods, additional personnel or organisational costs, travel expenses, increased costs due to rescheduled appointments, and any other financial losses.

  • Transfer of risk: During the period of default of acceptance, the risk of accidental loss or accidental deterioration of the stored or prepared works, goods, or materials shall pass fully to the Client (§ 1419 ABGB analog). The Photographer shall only be liable in cases of intent or gross negligence.

XII. RETENTION OF TITLE

  • Retention of title and transfer of risk: All goods and works delivered by the photographer (including analogue photographs, digital storage media, print products, and similar items) remain the unrestricted property of the photographer until full payment of the total fee has been received. From the moment of handover or the point in time that triggers default of acceptance, the client bears the full risk for the goods subject to retention of title, including the risk of accidental loss, theft, destruction, deterioration, or any form of damage. The transfer of risk therefore occurs not upon transfer of ownership, but upon the client taking possession of the goods.

  • Prohibition of disposal: The client is expressly prohibited from pledging, transferring by way of security, passing on to third parties, or otherwise disposing of goods that are subject to retention of title, unless the full purchase price or fee has been paid. Any act of disposal carried out without the Photographer’s prior written consent is legally ineffective and has no effect against the photographer.

  • Obligation to report insolvency: The client is obligated to notify the photographer immediately, and at the latest before filing for or initiating insolvency proceedings over the Client’s assets, in writing. The photographer is entitled to demand the immediate return of all goods subject to retention of title and to repossess them before they fall into the insolvency estate.

  • Default of payment: If the client falls into payment default, even partially, the photographer is entitled to demand the immediate return of all goods subject to retention of title and to prohibit any further use of the delivered works. All outstanding claims become immediately due and payable in the event of default (loss of term). The client shall bear all costs associated with repossession, including transportation, labour, and administrative expenses.

  • No automatic contract termination: The assertion of the retention of title does not constitute a withdrawal from the contract. A withdrawal occurs only if the photographer explicitly declares it in writing. Until such declaration is made, all obligations of the client, especially all payment obligations, remain fully in force.

XIII. WARRANTY

  • Scope of warranty and definition of defect: A warranty claim arises only if a defect exists that constitutes a deviation of the delivered performance from the expressly agreed contractual content. Warranty claims exist exclusively for defects that were already present at the time of delivery (§ 924 ABGB). The photographer does not provide any additional assurances or guarantees beyond these statutory requirements.

  • Exclusion of warranty in case of client misconduct: No warranty claims exist in particular for: (a) services rendered in accordance with incorrect, incomplete, or misleading instructions provided by the client, (b) damage or quality impairments caused by improper, unsuitable, or non-designated use or handling of the delivered works, (c) subjective dissatisfaction with the artistic design, as artistic and creative decisions fall within the Photographer’s creative freedom. Liability for variations that are inherent to the photographer’s photographic style, artistic expression, or technical/aesthetic approach is excluded.

  • Statutory warranty periods: The statutory provisions of §§ 922 et seq. ABGB apply. The warranty period is two years from delivery of the goods/services. If the photographer is at fault for a defect, the client may, in accordance with § 933a ABGB, claim damages instead of warranty; such claims expire three years after the client gains knowledge of the damage and the liable party.

  • Obligation to return goods in the event of replacement: If subsequent performance is carried out by way of replacement delivery, the client is obliged to return the originally delivered goods to the photographer within 14 days at the photographer’s expense. The return must be made in the same condition and configuration in which the goods were delivered, and in accordance with the statutory return conditions.

  • Exclusion of assignment of claims: The assignment of warranty rights or any other defect-related claims by the client to third parties is excluded. All such claims are available exclusively to the original contracting client.

XIV. LIABILITY FOR DAMAGES

  • General principles of liability: The photographer is liable exclusively in accordance with the statutory provisions and only for damages that are culpably caused by the photographer. Liability for events of force majeure, technical failures, unavoidable operational disruptions, or incidents caused by third parties is excluded.

  • Limitation of liability in cases of slight negligence: For damage to property caused by slight negligence, the photographer’s liability is excluded to the legally permissible extent (in accordance with § 6 para 1 item 9 KSchG, permissible for property damage). This particularly applies to damage to: the client’s equipment, premises, or furnishings; objects located within the shooting environment; data loss or data corruption, unless the photographer acted with gross negligence.

  • Exceptions to the exclusion of liability: The exclusion of liability for slight negligence does not apply if: (a) damage occurs to items that the client has expressly handed over to the photographer for processing (e.g., products for commercial photography, personal items for portraits); (b) damage results from a breach of the photographer’s principal contractual obligations, in which case liability is limited to foreseeable and contract-typical damage.

  • The photographer is not liable, where legally permissible, for purely financial losses, loss of profit, interest losses, consequential damages, or mere pecuniary disadvantages, unless caused intentionally or by gross negligence.

  • Duty to mitigate damages: The client is required to take all reasonable measures to mitigate any potential damage. Any failure to do so shall be at the client’s own expense.

XV. ASSIGNMENT

  • The client is not entitled to assign, transfer, pledge, or otherwise dispose of any rights or obligations arising from this contract - including but not limited to usage rights, payment claims, or any other contractual positions - whether in whole or in part, unless the photographer has given prior express written consent. Any assignment or disposal made without such written consent is legally invalid and has no effect with regard to the photographer.

XVI. DATA PROTECTION

  • The handling of personal data complies with the requirements of the General Data Protection Regulation (GDPR). Personal data (such as names, contact details, addresses, contract information and image files) are processed exclusively for the purpose of fulfilling and documenting the contractual relationship, invoicing, legal obligations, and where applicable marketing activities. The Clients have the right to access, rectification, deletion, restriction of processing and data portability under Articles 15–20 GDPR. Personal data and image files will not be transmitted to third parties unless required for contractual performance (e.g., album manufacturers, print laboratories) or with the Clients’ explicit consent. Further information on data processing is available in the Photographer’s Privacy Policy.

  • Data processing for contract fulfilment: The Photographer processes the personal data provided by the Client (such as name, address, e-mail address, telephone number, payment information including bank details or credit card data, as well as all data relating to the business relationship—especially order data, delivery and performance data, invoicing and reminder data) exclusively for the purpose of fulfilling the contract, for pre-contractual communication, and for complying with legal obligations (Art. 6(1)(b) and (c) GDPR).

  • Purpose limitation and data disclosure: Personal data is disclosed solely to service providers necessary for the performance of the contract (e.g., laboratories, printing companies, IT service providers); to tax or legal advisors where required; or to authorities where such disclosure is legally mandated. Any further use of personal data, particularly for advertising purposes, takes place only with the Client’s explicit consent (Art. 6(1)(a) GDPR).

  • Marketing purposes / consent: Without the Client’s express written consent, the Photographer does not use the Client’s personal data for advertising, newsletters, marketing activities, or any other promotional contact. If such consent is given, the data will be stored for marketing purposes until consent is revoked.

  • Storage and deletion: Unless consent has been given for marketing purposes, personal data will be restricted from further use once the contract has been fully performed and payment has been completed, and will be permanently deleted after the expiry of statutory retention periods (in particular the 7-year tax and accounting retention period pursuant to the Austrian Federal Fiscal Code—BAO). Further storage occurs only insofar as it is necessary for the establishment, exercise, or defence of legal claims (Art. 6(1)(f) GDPR).

  • Withdrawal of consent: The Client may withdraw any consent previously given for the processing of personal data, particularly for marketing purposes, at any time and without stating reasons, with effect for the future. Such withdrawal does not affect the lawfulness of the processing carried out prior to the withdrawal.

  • Data subject rights: Within the scope of statutory provisions, the Client has the right at any time to access, rectification, erasure, restriction of processing, data portability, and to object to the processing of personal data (Art. 15–21 GDPR).

XVII. USE OF PORTRAITS FOR THE PHOTOGRAPHER’S ADVERTISING PURPOSES

  • Unless expressly agreed otherwise in writing, the client grants the photographer an unlimited, irrevocable right - without restriction in time, place, or content - to use, publish, and exploit all photographic and film recordings created by the photographer, on which the client or persons attributable to the client are depicted, for the photographer’s advertising and self-promotion purposes. This consent includes, but is not limited to: publication on the photographer’s website, social media platforms, online portfolios and digital presentations, print media, exhibitions, competitions, workshops, public relations, presentations, and any form of self-promotion.

  • The client expressly waives all claims arising from the right to one’s own image pursuant to § 78 of the Austrian Copyright Act (UrhG), any potential claims for compensation or injunctive relief, any usage claims pursuant to § 1041 of the Austrian Civil Code (ABGB), as well as any future assertion of personality rights violations, provided that the use of the images does not infringe the Client’s legitimate interests within the meaning of § 78 UrhG.

  • The consent also includes the editing, retouching, or technical adaptation of the images, provided such modifications do not result in distortion or derogatory representation. A subsequent restriction or revocation of this consent is excluded, except where mandatory statutory provisions require otherwise, and does not affect the legality of any use already carried out or any use in the future.

XVIII. GOVERNING LAW, JURISDICTION, CONTRACT LANGUAGE

  • Governing Law: All contractual and non-contractual legal relationships between the Photographer and the Client shall be governed exclusively by Austrian substantive law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding conflict-of-law rules. Pursuant to Article 6(2) of the Rome I Regulation, this choice of law shall not deprive consumer Clients of the protection afforded by the mandatory provisions of the state in which they have their habitual residence.

  • Jurisdiction: For actions brought against consumer Clients, the competent court shall be one of the courts in whose district the consumer has their domicile, habitual residence, or place of employment, in accordance with § 14 of the Austrian Consumer Protection Act (KSchG).

  • Contract Language: These Terms and Conditions are available in both German and English. The binding and legally authoritative version is the German version. The English version is provided for convenience and ease of understanding. In the event of discrepancies or issues of interpretation, the German version shall prevail. Upon request, the Client may receive all contract documents (including offers and invoices) in either German or English.

  • Effective Date and Replacement of Earlier Versions: These Terms and Conditions enter into force on 01 January 2020. As of this date, all previously published or used versions of the Photographer’s General Terms and Conditions cease to be valid.