Definitions: „The Photographer“ Michael Nußbaumer, and „The Client“ meaning any person, body of persons, firm or company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Acceptance of Terms and Conditions: All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
Copyright and Ownership In accordance with the Copyright: Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications
or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer‘s stated payment terms. Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer‘s invoice and/or quotation. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the licence to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation. If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full. On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Photographer may contact the copyright holder of the said image to confirm that authorisation to copy the image has been given. The Client agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party. All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. The Photographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee. The Photograph
er reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
Releasing photographs by the Client (i.e. Facebook, blog or any other online channels or print media) are prohibited unless the photographer’s company name is tagged or mentioned along with the image.
You can tag with:
Print Media: ©nussbaumerphotography.com, Nussbaumer Photography
Cancellation Fees / Overruns: If a booking is cancelled by the Client within one working day of the starting time, the Photographer reserves the right to charge his full fee for the assignment. If a booking is cancelled within two working days of the starting time, the Photographer may charge 50% of his fee. For cancellations/postponements due to weather conditions, the Photographer reserves the right to charge his full fee and expenses due to weather conditions on location. In such instances, the Photographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc), that he may have incurred prior or during the assignment taking place. The photographer may make additional charges should an assignment overrun which is beyond the control of the Photographer ( e.g. including but not limited to; the Client requesting additional photographs over and above the Client‘s original brief etc). Conceptual services (consultancy, layout, other graphical services, etc.) are not included in the admission fee. This also applies to an above-average organizational effort or such an expense.
Payment Terms: Invoices are payable no later than 14 days after receipt of the invoice without any deduction and free of charge. The payment is made in the form chosen by the customer (advance payment, bank transfer, invoice or delivery note, via PayPal, etc.). In the case of orders which are provided in partial sections, we shall be entitled to invoice after delivery of each individual unit or service. Payments by the customer shall be deemed to have been made on the date of the receipt of our business account. In the event of the delay in payment, we are entitled to charge interest on arrears at the rate of 8% above the base interest rate as of maturity, plus the statutory € 40 dunning fee for companies. Further rights, such as the right to higher interest from the title of the claim for damages, are reserved. The non-compliance of the agreed payments entitles us to discontinue the ongoing work and to withdraw from the contract.
Retention of Title: The Photographer reserves the right to retain all of the Clients materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the licence to reproduce images created by the Photographer will also be revoked until payment has been made.
Fees and Expenses: All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.
Sizes and Colour Matching: Whilst every effort is made to meet the Client‘s requirements, all sizes quoted by the Photographer are approximate. The Client must inform the Photographer on occasions where accurate sizing is critical.
Delivery Shortages / Loss and Damage in Transit: Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery. The Photographer will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge.
Confidentiality: The Photographer acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law.
Conduct: The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
Delivery of Products and Services: The supply of products and services are provided by the Photographer on a best endeavours basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, natural disasters, floods, fire, loss or damage in transit etc.
Storage: After 12 months from your session date Nussbaumer Photography will no longer be responsible for storing your image files. Longer-term storage may be purchased against an annual fee.
Prices & Terms: All prices shown within the Photographer‘s price list are subject to change without prior notice. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
Rush Services: The Photographer reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
Michael Nussbaumer 2019