These Terms and Conditions apply to all agreements between the Photographer Sarah Russ and their Clients regarding photography sessions, excluding wedding photography services.
By booking a photography session, the Client accepts these Terms and Conditions.
A contract is formed through a written appointment confirmation between the Photographer and the Client via email, WhatsApp, Instagram direct message, SMS, or any other form of written communication.
The Photographer reserves the right to decline inquiries without stating a reason.
The scope of the agreed services is defined by the respective session description, written booking confirmation, or any other individual written agreement.
The selection and editing of images are carried out exclusively by the Photographer.
Clients are not entitled to receive all photographs taken during the session, including but not limited to RAW files or unedited images.
Clients acknowledge and accept the Photographer’s photographic style, artistic vision, and editing approach as presented in the Photographer’s portfolio, social media channels, and website.
Image composition, editing style, color grading, lighting, perspectives, and all other creative decisions remain at the sole artistic discretion of the Photographer.
Differences in personal taste, subjective expectations, or artistic preferences shall not constitute a defect in the services provided.
The price agreed upon at the time of booking, as stated in the written booking confirmation, shall apply.
An invoice will be issued after the photography session and is payable within 14 days of the invoice date unless otherwise agreed.
Image editing and delivery will commence only after full payment has been received.
Until full payment has been made, all final edited photographs and all usage rights remain the property of the Photographer.
Rescheduling is possible subject to availability.
In the event of cancellation by the Client, the following cancellation fees apply:
The Client reserves the right to prove that a lower loss has occurred.
In cases of illness, force majeure, or other unforeseen circumstances, the Photographer may reschedule the session. Any payments already made will be credited toward the new appointment.
The selection of the final delivered images is made exclusively by the Photographer.
Images are typically delivered within two to four weeks after the session. The maximum delivery period is three months from the session date.
Delays caused by force majeure, illness, or technical issues do not entitle the Client to compensation.
Upon full payment, the Client receives a non-exclusive, non-transferable license for personal use of the delivered images.
Commercial use, publication for advertising purposes, resale, or transfer of images to third parties requires the Photographer’s prior written consent.
All copyrights remain exclusively with the Photographer.
All copyrights to the photographs remain exclusively with the Photographer.
Photographs depicting identifiable Clients will only be used for portfolio, marketing, website, social media, or other promotional purposes with the Client’s prior explicit written consent.
Clients are under no obligation to grant such consent.
Clients are responsible for arriving on time for the scheduled session.
Client delays will reduce the available shooting time accordingly unless otherwise agreed.
For outdoor sessions, appointments may be rescheduled free of charge in the event of unsuitable weather conditions, including heavy rain, storms, or other circumstances that significantly affect the session. Such decisions will be made jointly by the Photographer and the Client.
Clients are responsible for informing the Photographer of any special requests, requirements, or relevant circumstances before the session.
The Photographer will retain the final edited image files for a minimum period of six months after delivery.
Permanent archiving is not guaranteed. Clients are responsible for backing up and securely storing their delivered images.
After the retention period has expired, the Photographer may permanently delete the image files without prior notice.
The Photographer shall only be liable for damages caused by intent or gross negligence.
The Photographer shall not be liable for technical failures, data loss due to force majeure, unforeseen storage device defects, or other events beyond their reasonable control, except where liability is required by law.
Liability for ordinary negligence shall be limited to essential contractual obligations.
Any obvious defects must be reported in writing within 14 days of receiving the images.
Complaints based on personal taste, artistic interpretation, image style, editing style, or creative execution do not constitute defects, provided that the delivered work is consistent with the quality standards and recognizable style of the Photographer.
Personal data will be processed exclusively in accordance with applicable data protection laws.
Further information can be found in the Privacy Policy published on the Photographer’s website.
Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
The laws of the Federal Republic of Germany shall apply.
