General Terms and Conditions
The following General Terms and Conditions apply to all contracts concluded between the photographer Nataliia Shavro and her client. They are deemed agreed upon unless they are immediately contradicted. The General Terms and Conditions apply to all image material provided to the customer, including electronic or digitally transmitted image material. The client acknowledges these conditions for the present order as well as for all additional and future transactions with the photographer. With the written acceptance of the offer, especially informally via email, the order is considered placed, and the General Terms and Conditions are accepted as part of the offer.
I. General Provisions
1. All products created by the photographer, regardless of the technical form or medium in which they were created or exist, shall hereinafter be referred to as “images” within the meaning of these General Terms and Conditions (digital image data, negatives, slides, paper prints, videos, etc.).
2. The place of performance and jurisdiction for both parties, insofar as legally permissible, is the respective business location of the photographer. The law of the Federal Republic of Germany applies. German law is also deemed agreed upon for deliveries abroad.
II. Copyright
1. Nataliia Shavro (ForLoveLegends) holds the copyright to all photo and video recordings created in accordance with the Copyright Act. When utilizing or publishing the images, the client is obliged to name the photographer as the creator of the image. The attribution must be made in the imprint or as a photo credit (e.g., “Photo: @forlovelegends” or www.forlovelegends.com). A violation of the right to name attribution entitles the photographer to claim damages.
2. The images created by the photographer are generally intended for the client’s private use only. Commercial use requires a separate agreement.
3. Usage rights are transferred only after the photographer has received full payment of the fee. The purchaser of an image under Section 60 of the Copyright Act has no right to reproduce and distribute the image before full payment.
4. The data remains stored with the photographer only for one month after the completion of the assignment. The photographer assumes no liability for technical data loss due to hard drive failure or other unreadable storage media.
5. The photographer reserves the right to use the images created for her own purposes, including but not limited to publication on her website, social media, advertising, or printed and digital portfolios. If the client does not agree to the publication, this must be expressly agreed upon in writing before the photo shoot.
III. Fees, Retention of Ownership
1. The photographer’s fee is individually communicated with the client before booking. A price change after reserving a team is only possible by mutual agreement. Additional costs (travel expenses, model fees, props, laboratory and studio rental, etc.) are to be borne by the client. For end consumers, the photographer indicates final prices including VAT.
2. Due invoices must be paid within seven days without deduction. The client is in default if they fail to pay due invoices within 14 days after receipt of the invoice or an equivalent payment request. In the event of late payment, the photographer may charge default interest of 5% above the respective base interest rate of the European Central Bank. The assertion of a proven higher damage remains unaffected.
3. The images remain the property of the photographer until full payment of the purchase price. All successful photos will be provided in digital form. Edited images will be made available via digital download within a maximum of two months after the photo shoot.
4. Full payment is due on the day of the photo shoot. For wedding photography, the photographer may request a deposit of 30% of the total amount upon booking.
5. If the client has not given the photographer explicit instructions regarding the design of the images, complaints regarding image interpretation and artistic-technical design are excluded. If the client requests changes during or after a shoot, this must be communicated before editing begins. Possible corrections include figure adjustments, background cleaning, blemish removal, and color enhancements. Not possible are background replacement, hair color changes, resizing clothing, removing ironing folds, and similar details. The client has no claim to receive all RAW images.
6. Additional costs incurred by the order (e.g., material and laboratory costs, props, model fees, travel expenses, etc.) are to be borne by the client. The statutory VAT applies to the fees and other charges invoiced by the photographer.
7. The client is not entitled to offset claims disputed by the photographer or not legally established. Furthermore, the client is not entitled to assign or transfer claims and rights against the photographer to third parties.
8. If the time scheduled for executing the order is significantly exceeded for reasons beyond the photographer’s control, the fee increases accordingly, provided a flat rate was agreed upon. If an hourly fee was agreed upon, the photographer receives the agreed hourly or daily rate for waiting time unless the client proves that the photographer has not suffered any damage. In cases of intent or negligence by the client, the photographer may also claim damages.
IV. Liability
1. Claims for indirect damages are excluded.
2. If the photographer is prevented from working due to illness or force majeure, the client has no claim for damages.
3. Claims for damages against the photographer are limited to the agreed fee. Both parties retain the right to prove that a higher, lower, or no damage has occurred.
4. The photographer assumes no liability for the violation of rights of depicted persons and objects unless a corresponding signed release is provided. If the recorded buildings, objects, interiors, etc., are subject to copyright protection, the client is responsible for obtaining the necessary permissions. This permission also extends to the photographer’s use of the images or any third parties to whom the photographer grants or transfers usage rights.
5. The complaint period for images created by the photographer ends after seven days.
V. Data Protection
1. The photographer may store the client’s personal data as required for business transactions. The photographer is committed to treating all information obtained during the contract as confidential.
VI. Cancellation Fee
1. If the client cancels an order, the following cancellation fees apply:
• 100% of the agreed fee if canceled within 24 hours before the work begins.
• The photographer’s saved expenses will be deducted.
• 50% of the agreed fee if canceled within 7 days before the work begins.
• 30% of the agreed fee if canceled up to 10 days before the work begins.
2. Delivery deadlines for images are only binding if explicitly confirmed by the photographer. The photographer is liable for delays only in cases of intent or gross negligence.
3. Prepayments for orders that do not take place due to the client’s fault will expire if no new shooting appointment is made within six months.
4. If the client does not appear at the agreed time, the full fee must be paid. The client is responsible for proving that the photographer did not incur any damage.
VII. Data Protection
Personal data of the client, necessary for business transactions, may be stored. The photographer commits to treating all information learned during the course of the assignment confidentially.
VIII. Image Editing
1. The editing of images by the photographer, as well as their reproduction and distribution, whether analog or digital, requires the prior consent of the photographer. If a new work is created through photo-composing, montage, or other electronic manipulation, it must be marked accordingly. The creators of the original works and the creator of the new work are co-authors in the sense of Section 8 UrhG (German Copyright Act).
2. The client is required to digitally store and copy the photographer’s images in such a way that the photographer’s name is electronically linked with the images.
3. The client must ensure that this electronic link remains intact in all forms of data transmission, display on screens, and any type of projection, making it clear that the photographer is the author of the images.
4. The client guarantees that they have the right to commission the photographer with the electronic editing of third-party images when such an order is placed. The client will indemnify the photographer from any third-party claims arising from a breach of this obligation.
IX. Use and Distribution
1. The distribution of the photographer’s images on the internet, intranet, online databases, and electronic archives that are not only for the client’s internal use is only allowed based on a special agreement between the photographer and the client.
2. The transfer of digitized images on the internet, intranet, and on media or devices suitable for public display on screens or for the creation of soft or hard copies requires prior written consent from the photographer.
3. The reproduction and distribution of edits made by the photographer through electronic means require prior written consent from the photographer.
4. The photographer is not obliged to hand over storage media, files, and data to the client unless explicitly agreed upon in writing.
5. If the client wishes to receive storage media, files, and data, this must be agreed upon separately and compensated.
6. If the photographer has provided storage media, files, and data to the client, they may only be modified with the photographer’s prior consent.
7. The risk and costs of transporting storage media, files, and data both online and offline are borne by the client; the client may determine the method of transmission.
X. Severability Clause
If any of the conditions in the above general terms and conditions are wholly or partially ineffective, the remaining conditions remain valid. The ineffective condition will be replaced by the statutory provision.