GENERAL TERMS AND CONDITIONS (GTC)

§ 1 Scope of these Conditions

(1) These General Terms and Conditions, hereinafter referred to as GTC, apply to all business transactions of the company "Sebastian Lange," hereinafter referred to as "jess & sebastian | photo and film" with customers (clients), business partners, suppliers, and for the internet.

(2) The GTC become an integral part of any contracts/orders placed with "jess & sebastian | photo and film" The GTC clarify and regulate certain aspects of the contractual relationship, which is otherwise defined by the specific order content. Any changes or additions to these GTC require written form and must be explicitly marked as such. The parties agree that only the photographer's present GTC shall apply. Any general terms and conditions of the client do not apply. If the parties have agreed on different terms, which have been documented in writing, these take precedence over these GTC.

(3) The GTC apply to all orders/contracts or purchases made by customers either in person at the business premises (studio), by phone, fax, email, post, or by other suitable means.

(4) "Photographs" and "films" as defined in these GTC include all products created by the photographer/videographer or their assistant, regardless of the technical form or medium in which they were produced (prints, canvas prints, digital images on CD/DVD or other storage media, slides, negatives, etc.). The client acknowledges that the images delivered by the photographer are copyright-protected photographic works as per §2 Section 1 No. 5 of the Copyright Act.

§ 2 Services Provided by the Photographer and Videographer

(1) The photographer/videographer Sebastian Lange (contractor) is obligated to produce, edit, and further process photo and/or video recordings as per the contract (e.g., for photo books, photo calendars, cards, etc.).

(2) Depending on the order, photos/videos are taken on location or outdoors. The contractor may engage an assistant for the photography/videography. If agreed upon, the client may be styled by a makeup artist booked by the contractor.

(3) Unless the client provides specific instructions regarding the design of the photos and videos, the photographer has full artistic freedom concerning the image concept and technical design. Complaints regarding this matter are excluded.

(4) The client receives only edited high-resolution images in JPEG format (jpg) or video in mp4/mov format. The quantity is at the discretion of the photographer and/or the assistant and depends on the duration of presence on the wedding day or the contract content. The contractor makes the selection. The delivery of unedited digital raw data (RAW files) requires a separate written agreement. The storage of digital image data is not part of the contract and is done without guarantee.

(5) The contractor cannot guarantee that all attendees at the event will be photographed or filmed, although they will strive to do so if requested. However, the absence of specific individuals cannot be considered a defect. If particular images or scenes are desired, this must be discussed and agreed upon separately with the contractor.

§ 3 Client's Duties of Cooperation

(1) The client must ensure that all necessary information for the execution of the order is provided to the contractor in a timely manner (at least 14 days before the booking date).

(2) For weddings or other events, the client must provide the contractor with at least one contact person available for questions during the event and at least 3 hours before it begins.

(3) The client is solely responsible for obtaining permissions for photography/videography at the venue, church, or other locations, as well as from guests, service providers, and other persons present.

(4) The client must ensure that the wedding party, the officiant, and the decorations are arranged in a way that does not obstruct the contractor’s view. The client or a wedding planner is responsible for informing the contractor about the key moments and organizing group shots.

§ 4 Copyrights, Photo Rights, and Image Rights

(1) The contractor is the author within the meaning of the law.

(2) The contractor grants the client a simple usage right for non-commercial use and publication of the photos & videos. Distribution to third parties requires written approval from the contractor.

(3) When publishing the photos and films within the granted usage rights, the client must include the copyright notice (Sebastian Lange / https://www.jessandsebastian.com) and link the profile on social media or mention the website.

(4) All granted usage rights transfer to the client upon full payment of the agreed fee. All photos, videos, files, and data carriers remain the property of the contractor until full payment is received.

(5) Commercial use of the photos/videos requires prior written approval from the photographer and must be separately compensated.

(6) The contractor may use selected images and videos for self-promotion. The client may object to such use within 14 days of receiving the digital data, subject to a fee of 500 euros.

(7) Deviations from the granted rights and special conditions must be agreed upon in writing.

§ 5 Payment, Offsetting, and Retention Rights

(1) A reservation fee becomes due upon contract conclusion and must be paid within 7 days. The order processing begins only after payment.

(2) Travel costs are charged at 1 euro per kilometer (one way).

(3) For orders spanning several days or involving distances over 200 km, additional costs for accommodation may apply.

(4) If the order duration is extended beyond what was initially agreed due to circumstances outside the contractor's control, additional fees may apply.

(5) The remaining 70% of the agreed fee is due within 7 days after the wedding/event.

(6) Special requests, changes, or extensions of the order are subject to a 30% deposit and separate billing.

(7) For events lasting more than 4 hours, the contractor and any assistants must be provided with food and beverages.

§ 6 Customer Withdrawal

(1) The statutory right of withdrawal applies. The right expires if the service begins with the client's consent before the end of the withdrawal period.

(2) If the client cancels the contract, the following cancellation fees apply: 50% of the agreed amount up to 8 weeks before the wedding, 75% up to 4 weeks before, 90% up to 1 week before, and 95% from 1 week before until the day of the wedding.

(3) Exceptions include illness or death in the family, which must be substantiated.

**§ 7 Artistic Discretion of the Contractor**

The clients are aware of the contractor’s style and waive the right to complain about the artistic choices. Any change requests must be separately agreed upon and compensated.

§ 8 Liability for Defects

(1) The contractor is only liable for damages caused intentionally or through gross negligence.

(2) The contractor’s liability for damages or loss of negatives/digital data is limited to the amount of the deposit or invoice total.

(3) Defective deliveries entitle the client to a price reduction, limited to 20% of the total invoice.

(4) A defect only exists if it goes beyond the artistic freedom as defined in §7.

(5) Claims for damages are excluded unless caused by gross negligence or intentional misconduct.

(6) The contractor is not liable for services provided by subcontractors.

(7) Delivery deadlines are only binding if confirmed by the contractor.

(8) Transportation risks and costs lie with the client.

(9) The contractor is not liable for delays or failure to appear due to unforeseen circumstances (illness, accidents, etc.). In such cases, a qualified replacement photographer/videographer will be arranged if possible.

(10) Complaints must be submitted within 7 days of receiving the final product.

§ 9 Data Protection

(1) Personal data required for the business transaction may be stored. The client is obliged to treat all information received confidentially. The related privacy policy is available online.

(2) Data protection regulations are strictly observed, and personal data is only shared as required to fulfill the contract.

§ 10 Final Provisions

(1) German law exclusively applies.

(2) Any side agreements must be in writing.

(3) If any provision of these GTC is invalid, the remaining provisions remain effective. The invalid provision will be replaced by one that comes closest to the intended economic purpose.

(4) The place of jurisdiction is the contractor’s residence.

These GTC are valid as of March 1, 2020.