GTC
GENERAL TERMS AND CONDITIONS (GTC)
FOR WEDDING PHOTOGRAPHY SERVICES
1. Scope of Application
1.1 These General Terms and Conditions ("GTC") apply to all contracts for wedding photography services concluded between Simon Fotografie / Alena & Nikolai Simon (hereinafter the "Photographer") and the client (hereinafter the "Client"), unless otherwise expressly agreed in writing.
1.2 These GTC apply only insofar as the individual contract does not contain deviating provisions. In the event of any conflict between these GTC and the individual wedding photography contract, the individual contract shall prevail.
1.3 These GTC become part of the contract if the Photographer refers to them before or at the time of contract conclusion and the Client has the opportunity to review them.
2. Conclusion of Contract and Booking
2.1 A booking becomes binding only when:
(a) the individual contract has been signed by the Client, and
(b) the agreed booking deposit has been received by the Photographer within the agreed payment period.
2.2 Until both requirements are fulfilled, the requested date remains subject to availability.
2.3 If the agreed booking deposit is not received within the agreed time, the Photographer is not obliged to reserve the requested date or perform the services.
3. Services
3.1 The scope of services results primarily from the individual contract, including the selected package, add-ons, agreed hours of coverage, and delivery terms.
3.2 The Photographer shall provide the agreed wedding photography coverage with due professional care and in the artistic style known to the Client at the time of booking.
3.3 Unless otherwise expressly agreed in writing:
(a) final digital image files are delivered in JPEG format in high resolution;
(b) RAW files / digital negatives are not part of the agreed delivery;
(c) the Photographer selects the final images to be delivered;
(d) the Photographer determines the artistic editing, including but not limited to color, contrast, exposure, sharpness, and cropping.
3.4 Any stated number of photographs is an approximate minimum quantity, unless an exact number is expressly guaranteed in the individual contract.
3.5 Sneak peeks, analog film shots, drone coverage, expedited editing, albums, second shooters, assistants, or other additional services are included only if expressly stated in the individual contract.
4. Delivery
4.1 Delivery times are based on the individual contract. Unless otherwise agreed in writing, the final gallery is delivered within 4 to 6 weeks after the wedding date.
4.2 Delivery times may be extended appropriately in cases of force majeure, illness, technical failure, or other circumstances beyond the Photographer’s reasonable control.
4.3 The Client is responsible for downloading and backing up the delivered files promptly after delivery.
4.4 The Photographer is not obliged to archive image files permanently unless this has been expressly agreed in writing.
5. Client Cooperation Obligations
5.1 The Client shall provide all information necessary for the performance of the assignment in good time, including in particular:
(a) the event schedule,
(b) addresses of relevant locations,
(c) access information where required, and
(d) the name and mobile number of an on-site contact person who can handle organizational questions on the wedding day.
5.2 The Client is responsible for obtaining any permissions, approvals, or access rights required at the wedding venue or for specific locations, unless otherwise expressly agreed.
5.3 The Client shall ensure that the Photographer and any assistants receive reasonable breaks and, for longer coverage, appropriate meals and non-alcoholic beverages.
5.4 The Photographer’s work may be affected by time delays, venue restrictions, poor weather, poor lighting, actions of guests, officiants, venue staff, or other third parties, as well as legal or safety restrictions regarding flash photography or drone use. Such circumstances do not constitute a defect of performance if the Photographer has acted with due professional care.
5.5 The Photographer will use best efforts to capture the most important moments and guests present at the event. However, no guarantee is given that every guest, moment, detail, or requested constellation will be photographed.
6. Artistic Freedom
6.1 The Client commissions the Photographer in full knowledge of the Photographer’s style, visual language, and artistic approach.
6.2 The Photographer retains artistic discretion with regard to composition, image selection, editing, and the overall visual interpretation of the wedding day.
6.3 Complaints based solely on artistic taste, subjective preferences, or the Photographer’s artistic style are excluded, provided that the Photographer has performed the agreed services professionally and in line with the generally known portfolio style.
7. Fees and Payment
7.1 The total fee is stated in the individual contract.
7.2 Unless otherwise agreed in writing, the Client shall pay a booking deposit of 40% of the total amount within 7 calendar days after signing the contract.
7.3 Unless otherwise agreed in writing, the remaining balance is due either:
(a) in cash on the day of the event, or
(b) by bank transfer or another agreed payment method within 7 calendar days after the event.
7.4 The Client may pay the remaining balance earlier, including full prepayment. Early payment does not alter the cancellation and refund rules agreed between the parties.
7.5 The Photographer may issue invoices electronically.
7.6 Statutory provisions on payment default shall apply.
7.7 Usage rights to the delivered images and ownership rights to any physical products transfer to the Client only after full payment of all agreed amounts.
8. Cancellation by the Client
8.1 Any cancellation must be made in text form.
8.2 If the Client cancels the booking, the Photographer is entitled to cancellation compensation as follows, unless the individual contract provides otherwise:
(a) after contract conclusion: 40% of the agreed total amount;
(b) from 15 calendar days before the booked date: 50% of the agreed total amount;
(c) from 2 calendar days before the booked date, on the booked date itself, or in case of no-show: 100% of the agreed total amount.
8.3 The Client is expressly entitled to prove that no damage occurred or that the Photographer’s damage was significantly lower than the above lump sums.
8.4 Any refund due to the Client may be reduced, where legally permissible, by documented and non-recoverable out-of-pocket costs already incurred for the event, including for example travel bookings, accommodation, transport, assistants, second shooters, permits, payment processing fees, currency conversion losses, and non-recoverable taxes or official charges.
8.5 A postponement requested by the Client is legally treated as a cancellation and a new booking unless the Photographer expressly agrees in writing to transfer the booking to a new date.
9. Client-Side Force Majeure
9.1 If the event cannot take place due to force majeure on the Client’s side, the Photographer waives the right to claim compensation beyond the agreed non-refundable booking deposit, unless the individual contract provides otherwise.
9.2 Amounts paid by the Client in excess of the non-refundable booking deposit shall be refunded, where applicable, less documented and non-recoverable costs, non-recoverable taxes or charges, and other deductions permitted by law and expressly agreed in the individual contract.
9.3 The Client bears the burden of proof for force majeure and must:
(a) notify the Photographer in text form without undue delay, and
(b) provide official or otherwise suitable documentation within a reasonable time.
9.4 Force majeure may include, for example, serious illness or accident of the Client, death of an immediate family member, government prohibitions, official venue closure, natural disaster, border closure, or official travel bans preventing the event.
9.5 Force majeure does not include, in particular, a mere change of mind, budget issues, guest-related issues, styling changes, voluntary travel changes, missed flights without official restrictions, or general planning problems.
10. Photographer’s Incapacity / Force Majeure
10.1 If the Photographer is unable to perform the agreed services due to illness, accident, force majeure, or another serious circumstance beyond reasonable control, the Photographer shall use best efforts to provide an equivalent replacement photographer at no additional cost to the Client.
10.2 If such replacement is provided and accepted by the Client, the contract shall continue unchanged.
10.3 If no equivalent replacement is reasonably available, or if the Client reasonably declines the proposed replacement, the contract shall be rescinded and all amounts paid by the Client shall be refunded in full, including the booking deposit, unless mandatory law requires otherwise.
10.4 In such case, further claims remain subject to mandatory statutory law.
11. Copyright and Usage Rights
11.1 The sole copyright in all photographs remains with the Photographer.
11.2 After full payment, the Client receives a non-exclusive, unlimited right to use the delivered photographs in their original form for private, non-commercial purposes.
11.3 Private use includes, in particular:
(a) private printing,
(b) albums and photo gifts,
(c) storage for private purposes,
(d) publication on personal social media accounts, personal websites, or private online profiles.
11.4 Any commercial use, paid advertising use, editorial licensing, vendor promotion, submission for publication by third parties, or any other business-related use requires the Photographer’s prior written consent and may be subject to an additional license fee.
11.5 The Client may not sell the images, sublicense them, transfer them for consideration to third parties, or allow third-party commercial exploitation without the Photographer’s prior written consent.
11.6 The Photographer may use the resulting images for self-promotion, including on the website, portfolio, blog, social media, advertisements, publications, and printed samples, unless otherwise agreed in writing or unless the Client has effectively revoked such use where revocation is legally or contractually permitted.
11.7 Where technically and practically possible, a credit such as “Photo: simonfotografie.com” or “@simon_fotografie” should be included when the Client publishes the images online.
12. Complaints and Defects
12.1 The Client shall notify the Photographer of any objectively identifiable defects without undue delay after delivery.
12.2 Minor deviations in style, composition, editing, color rendering, selection, sharpness, lighting conditions, or image quantity that are consistent with the agreed artistic style and the factual conditions of the event do not constitute defects.
12.3 If an objectively existing defect is established and the Photographer is legally responsible for it, the Photographer shall first be given the opportunity to remedy the defect where such remedy is possible and reasonable.
13. Liability
13.1 The Photographer shall be liable without limitation for intent, gross negligence, injury to life, body, or health, and in all other cases where liability is mandatory by law.
13.2 In cases of slight negligence, the Photographer shall be liable only for the breach of essential contractual obligations, and in such case liability shall be limited to the foreseeable damage typical for the contract.
13.3 The Photographer is not liable for circumstances outside the Photographer’s reasonable control, including but not limited to weather conditions, lighting conditions, venue restrictions, actions of guests or officials, technical limitations imposed by the venue, or legal restrictions on drone or flash use.
13.4 The Photographer is not liable for the loss of delivered files after successful delivery if the Client has failed to download and create their own backup copies.
14. Data Protection
14.1 Personal data is processed solely for contract performance, communication, invoicing, delivery, and where applicable for legitimate business purposes and legal obligations.
14.2 Further information on the processing of personal data is provided in the Photographer’s Privacy Policy published on the website.
15. Final Provisions
15.1 German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), provided that mandatory consumer protection provisions of the Client’s country of habitual residence remain unaffected where applicable.
15.2 There are no verbal side agreements. Amendments or additions to the contract should be made in text form.
15.3 If any provision of these GTC is wholly or partly invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory rule.
15.4 The place of performance is the Photographer’s registered business address, unless otherwise agreed or mandatory law provides otherwise.