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General Terms and Conditions –
Wedding Photography

In the following terms and conditions for wedding photography, the bridal couple is named as the client and Sarah Russ as the contractor / photographer.

1. ORDER 

(1) The image design and artistic-technical design, as well as an own selection of the images are reserved for the contractor. There is no binding minimum number of pictures that will be provided to the client at the end. Irrespective of this, the clients respect the artistic freedom and the individual style of the photographer. The clients are aware that the work is always characterised by this style. Complaints in this respect are excluded.

(2) Changes to the order, during or after the start of the production, incur an additional charge. Services already commenced shall be remunerated in full as agreed.

2. PAYMENT 

(1) The clients undertake to pay the agreed costs. These include the package price and the travel costs (30 km incl., thereafter 0,80 € / km). For weddings outside Germany + Ireland there is a travel allowance which varies for each country. The total amount includes the statutory VAT.

(2) When signing the contract, a reservation fee must be paid (offset against the total amount). Fees are €350 for the INTIMATE LOVE Package, €750 for the WILD LOVE Package and €1.350 for the FREE LOVE Package. This amount is due after signing the contract and upon invoicing. The remaining amount can be paid either in cash on the wedding day or by bank transfer after the wedding day. The photos will only be made available after full payment has been received.

The appointment reservation fee is to be transferred to the following account:

Account holder: Sarah Russ
Bank: Solarisbank
IBAN: DE32 1101 0101 5410 8433 44
Amount: €350 / €750  / €1,350
Subject: (invoice number, see separate invoice)

(3) If the order exceeds the agreed time frame, the photographer is entitled to charge an additional 350,00 Euro / hour for the additional time actually spent. 

(4) If the client fails to cooperate as required in order to complete the contract or if the photographer has to wait for reasons for which the client is responsible and could not be foreseen within the contract, the photographer shall be entitled to charge an additional fee. This is in proportion to the additional work involved.

3. RIGHTS OF USE AND COPYRIGHT

(1) The photographer shall be entitled to the copyrights to the photographs and photographic works produced by her in accordance with the Copyright Act. 

(2) Unless otherwise agreed, the client shall be granted a simple, non-transferable right of use for personal, non-commercial use of the photographs and photograph-related works produced by the photographer. The right of use includes the right of reproduction and distribution for non-commercial purposes. 

(3) Any use of the photographs and photographic works against payment shall require the prior and express consent of the photographer. The same applies in the event of editing, retouching, alienation or transformation of the photographs and photograph-related works, including photo composings, montages or other manipulations. 

(4) The transfer of the rights of use shall in principle only take place after full payment of the agreed remuneration.

(5) In the case of publications on the Internet and in social networks by the client, a reference to the website www.sarahruss.de or the corresponding social media channel shall be placed at least once.

(6) The clients are only permitted to copy and edit within the meaning of § 60 UrhG if the rights required for this have been transferred to them by the photographer. The application of § 60 UrhG is expressly excluded.

(7) There is no right to the surrender of original files, negatives or other raw files, unless this is expressly agreed between the parties.

4. ACCEPTANCE / DELIVERY / RESERVATION OF TITLE

(1) a. INTIMATE LOVE Package:

The photographer will deliver the final edited wedding images in high-resolution JPG format within a maximum of 3 months after the wedding. In return, the clients receive access to a password-protected online gallery with all usable images. The clients expressly agree that all photographs taken at the wedding will be uploaded to the online gallery and stored there. (Further details are set out in the  privacy policy of the photographer, which is the subject to this contract).

(1) b. WILD LOVE Package:

The photographer delivers the final edited wedding pictures in high-resolution JPG format within a maximum of 3 months after the wedding. In return, the clients receive access to a password-protected online gallery with all usable images.

The delivery of the music-supported slideshow, as well as the gift box with USB stick + photo prints, takes place after the online gallery.

The client expressly agrees that all photographs taken at the wedding may be uploaded to the online gallery and stored there. (Further details are set out in the privacy policy of the photographer, which is subject to this contract).

(1) c. FREE LOVE Package:

The photographer will deliver the final edited wedding images in high resolution JPG format within a maximum of 3 months after the wedding. In return, the clients receive access to a password-protected online gallery with all usable images.

The delivery of the music-supported slideshow, the gift box with USB stick + photo prints, as well as the photo album will follow the online gallery.

The client expressly agrees that all photographs taken at the wedding may be uploaded to the online gallery and stored there. (Further details are set out in the privacy policy of the Photographer, which is subject to this contract).

(2) The photographs and photographic works remain the property of the photographer until the purchase price has been paid in full.

(3) The photographer’s services shall be deemed to have been accepted without reservation if the client uses the photographs or photographic works received for the intended purpose without notifying the photographer of any defects.

(4) The wedding wuide handed out before the wedding serves to support the bridal couple themselves & is not to be passed on to third parties.

5. CONCLUSION OF CONTRACT / TERMINATION

(1) The contract comes into force and the date is bindingly booked once the clients have signed the contract digitally and purchase their chosen package within 1 week.

If this is not the case, the photographer is not obliged to carry out the order. The same applies to the untimely payment of the appointment reservation fee.

(2) If the client cancels / terminates the order for reasons for which the photographer is not responsible, the client shall remain obliged to pay the agreed fee to the extent set out below:

Up to three months before the start of the wedding, the clients are obliged to pay the appointment reservation fee; this will be retained by the photographer. No further remuneration shall be due.

If notice is given less than three months before the wedding, the photographer shall be entitled to the agreed remuneration in full.

In all the aforementioned cases, the client is at liberty to prove that the photographer has suffered no or less damage.

6. LIABILITY

(1) The photographer shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. In the event of slight negligence, the photographer shall be liable exclusively in accordance with the provisions of the German Product Liability Act, for injury to life, limb or health or for breach of material contractual obligations. However, the claim for damages for the slightly negligent breach of material contractual obligations shall be limited to the foreseeable damage typical of the contract, unless there is liability for injury to life, limb or health. The photographer shall be liable to the same extent for the fault of vicarious agents and representatives.

(2) The provisions of paragraph (1) above shall apply to damages in addition to performance, damages in lieu of performance and claims for reimbursement of expenses incurred in vain, irrespective of the legal grounds, including liability for defects, default or impossibility.

(3) Sovereign measures, natural disasters, traffic disruptions, disruptions in the supply of energy and raw materials, illness and other cases of force majeure, i.e. extraordinary events for which the photographer is not responsible, shall release the photographer from the obligation to perform the contract for the duration of their effects. In such cases, the photographer shall not be obliged to pay compensation. In the event of force majeure, the photographer shall inform the client immediately of the occurrence of the impediment, reimburse any appointment reservation fee already paid immediately and make urgent efforts to find a replacement photographer. There shall be no further claims.

7. RIGHTS TO YOUR OWN IMAGE / GRANTING OF PUBLICATION RIGHTS

(1) a. Normal price WITHOUT publication rights:

By paying the normal price, clients do not wish to have any images published in which they or their guests can be recognised.

(1) b. Discount price WITH publication rights:

It is important for the photographer to publish images of weddings in order to convince other bridal couples of the quality of her work. The clients hereby declare that they agree to the publication of the photographs taken at the wedding by the photographer in both print and digital media to promote the photographer’s services. The photographer may also make the photographs available to third parties, provided that this serves as self-promotion for the photographer.

(2) The client shall ensure that all persons whose image may be used consent. The clients shall inform the photographer of any restrictions on the use of such photographs before the start of the wedding without being asked to do so.

(3) Should the clients subsequently decide against publication, then the additional charge to the normal price must be paid.

8. FINAL PROVISIONS

(1) Any oral subsidiary agreements to the contract that do not exist at the time of signing which are subsequently desired, must be requested and agreed upon in writing in order to be binding. 

(2) The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the U.N. Convention on Contracts for the International Sale of Goods, insofar as the protection granted by mandatory provisions of the law of the country in which the customer, who is a consumer, has his habitual residence is not withdrawn.

(3) Should individual provisions of these General Terms and Conditions be invalid in whole or in part, the validity of the remaining clauses shall remain unaffected.

(4) The subject of this contract is also the data protection declaration, which can be accessed at the following web address: https://sarahruss.de/en/privacy-policy/

(5) The photographer uses the service https://app.kreativ.management to provide services to  clients. This service facilitates the creation of a master data set of the clients / bridal couples looked after, a calendar management tool, a to-do list, a mailbox for communication between the photographer and clients as well as the possibility to create offers and invoices for the services of the user directly. This service is offered by Hochzeit.Management GmbH, with whom the photographer has both a user and a data protection contract.