Conditions

General Terms and Conditions (GTC) of Sabine Scharnberg Photography

 

scope

The following conditions apply to all of Sabine Scharnberg Photography (Lenschower Weg 29 in  23923 Wahrsow) carried out offers, orders, services and deliveries. These terms and conditions apply within the framework of the ongoing business relationship - even without express inclusion -  and also for  all future orders, offers, deliveries and services of Sabine Scharnberg.  

Terms and conditions of the customer that deviate from the following conditions will not be recognized. Such deviating terms and conditions will also apply  not part of the contract, if  Sabine Scharnberg does not expressly contradict them.  

 

Place of jurisdiction is Wahrsow repal. Wismar in Northgermany.

Deviating agreements between the contracting parties must be in writing to be effective.

Provision of services when booking a shoot

Sabine Scharnberg is permitted to use third parties to provide the agreed services. The selection of these third parties is at the discretion of Sabine Scharnberg.Sabine Scharnberg has the right to postpone the agreed shooting date, but remains obliged to arrange a new date. In the event of complete cancellation by Sabine Scharnberg, the total amount will be refunded if payment was made in advance.

​ For example: An appointment can not being noticed in the event of higher illness, violence, natural disasters, lower chance, quarantine if corona is suspected and more.  

It is not permitted to use photos taken during a shoot for self-promotion to use their own photographer's website.

Likewise , reselling or sending the images to third parties is not permitted.

 

 

compensation

For the services of Sabine Scharnberg, remuneration is calculated as an hourly rate, daily rate or agreed flat rate (e.g. "shooting packages"). Additional costs such as travel expenses, expenses, model fees, props, styling, image processing are to be borne by the customer and will be invoiced separately by Sabine Scharnberg, unless they are part of the shooting package.

If the customer wishes to make changes during or after a photo production, he must bear the additional costs incurred. If the time allotted for recording work is significantly exceeded for reasons for which the photographer is not responsible, an agreed flat-rate fee is to be increased accordingly.  

The shooting order comes about through a verbal or written confirmation (also a clear confirmation via e-mail and/or WhatsApp) by the client.

The parties agree on an obligation to perform in advance on the part of the customer, unless something else is agreed. As agreed, the entire fee is to be paid by the customer to Sabine Scharnberg. If the customer has not paid the fee as agreed, Sabine Scharnberg is not obliged to provide her service.

The price of the shooting package always refers to  ONE subject (i.e. a horse, a dog, etc.). In the case of several animals (e.g. collective shooting), an agreement or determination of a new price is required.  

In the event of cancellation of a shooting appointment by the customer, Sabine Scharnberg is entitled to the following  Amounts to be invoiced:

  • Cancellation by the customer up to 30 working days before the order is processed = 40% of the agreed total fee 

  • Cancellation by the customer up to 14 working days before the order is processed = 60% of the agreed total fee

  • Cancellation by the customer up to 7 working days before the order is processed = 80% of the agreed total fee

The assertion of further damages remains unaffected by this. A repayment of the deposit will be made at most to an appropriate extent.  

After the end of the photo shoot, the photos will be made available by Sabine Scharnberg on an online portal within a reasonable period of time. The customer selects the picture in it. The selected recordings will be sent digitally via download. Printed products are sent uninsured by post.

The raw files (RAW) always remain with Sabine Scharnberg. The image files created by Sabine Scharnberg may not be changed. This includes color, filter, image section, shapes, etc. Sabine Scharnberg does not pass on any unedited images. If the client has not given Sabine Scharnberg any express instructions regarding the design of the image files in advance, complaints regarding the image design and the artistic and technical design are excluded.  

Sabine Scharnberg has her own image style, which the customer knows, desires and accepts when booking an order with Sabine Scharnberg. This also includes image files and image processing with depth of field, bokeh and masks with slight noise, grain and color changes.  

If the customer wishes to make changes during or after processing, he must bear the costs. 

Sabine Scharnberg retains the right to remuneration for work that has already begun.

Photographer's Rights of Use 

The customer acknowledges that the photographic material supplied by Sabine Scharnberg is copyrighted photographic works within the meaning of Section 2 (1) No. 5 UrhG.  

Sabine Scharnberg is the author of all photographs created according to Section 7 of the Copyright Act (UrhG). This right is not transferable. It therefore remains entitled to all images created even after the image files have been handed over to the customer. The customer  authorizes Sabine Scharnberg to use the images created unrestricted in terms of time, space and content (in particular to publish , duplicate, market, make publicly accessible, exhibit, etc.), unless something else is   a beard  (see shooting contract).  

If this is not desired, the shooting price usually increases.  

 

Sabine Scharnberg is entitled to grant sublicenses and to resell the images. Should it become such exploitation by Sabine Scharnberg, the customer will be informed immediately.

Sabine Scharnberg is entitled to use works (e.g. photos, videos) that are created during or on the occasion of the execution of the order,  publish for self-promotion purposes. In particular, it is entitled to create its own content or have it created by third parties ("behind the scenes") during the execution of the order and to publish this for the purpose of self-promotion. The customer is

agree that he can be recognized on such recordings.

Persons who appear as accessories in the image material have no right to compensation or remuneration, as long as they only casually increase the liveliness of the overall presentation, only appeared on occasion and are not lifted out of anonymity. The people present are informed by Sabine Scharnberg that they may be shown in photos that will be published. If the client/customer is shown in the photos, the photographer undertakes to protect the client's personal rights, unless otherwise agreed in writing in the shooting contract. The recordings may only be edited, redesigned and published in compliance with the contractor's personal rights. There is no right to have the customer named.

Customer rights of use when booking shootings:

With the full payment of the agreed fee, the customer acquires the following rights to the resulting recordings:

The customer acquires the non-exclusive right of use for private use of the recordings handed over. This includes:

  • the storage of the digital files in unaltered form on any type of storage medium, as well as prints of any type (exclusively for your own use).

  • the publication of the images on the Internet in their own social media profiles and on their own homepage as well as their dissemination  to third parties for such uses if these third parties also use the images only on a private basis. (However, only the web-optimized version with watermark is to be used for this.)

  • the creation of prints (photos, posters, t-shirts...) for your own private use.

All types of use deviating from this are only permitted with the prior approval of Sabine Scharnberg.

In particular, the following is not permitted without the prior permission of Sabine Scharnberg:

  • the resale of prints (photos, posters…) or digital files

  • the transfer of digital files to third parties for non-private use (e.g. competitions)

  • Any own, not purely private use of the images

  • changing, editing, cropping or redesigning the recordings

  • Removal of a photographer's signature contained in the recordings (so-called "photographer's stamp"),       i.e. your logo.

By paying a flat-rate surcharge of 150 euros on the agreed fee for Sabine Scharnberg, the customer acquires an exclusive right to use the photographs provided. Once this right of use has been transferred, Sabine Scharnberg will no longer be entitled to use the recordings herself, particularly in the manner described above. The transfer  However, even if an exclusive right of use is granted, the customer is only permitted to sublicense with the prior consent of Sabine Scharnberg.

All uses of the recordings outside of a transferred right of use represent a copyright infringement at the expense of Sabine Scharnberg.  

Copyright and Attribution

Sabine Scharnberg has the right to be named in the usual place according to § 13 UrhG. For this purpose, each digital file, if  unless expressly agreed otherwise, also supplied in a second version with a photographer's signature (WEBSIZE, "msk").

The version with the photographer's signature must be used for any publications of the recordings approved by Sabine Scharnberg.In the event that a second version with the photographer's signature is not available, each publication must include the photographer's name. This is

Photo credits: Sabine Scharnberg Photography (www.SabineScharnberg.com)

 

Warranty and liability

Sabine Scharnberg and her vicarious agents are only liable to the customer for breaches of obligations that are not essential contractual obligations in the event of gross negligence or intent. Exceptions to this are claims for injury to life, limb, health  safety of the customer, his helpers or his animals. Compensation for any indirect damage is excluded.

If the customer has not given the photographer any explicit instructions regarding the design of the photographs, complaints regarding the image design and the artistic and technical design are excluded.

 

The image style/design by Sabine Scharnberg is known to the customer both in terms of creation and image processing. The creation of the recordings, their processing as well as the choice of image and motif are subject to the artistic freedom of Sabine Scharnberg (see point "Remuneration").

Objects provided by the customer for acceptance are treated with the greatest possible care. The customer undertakes to insure these himself against loss, theft and damage if necessary.

Sabine Scharnberg is not liable for damage to recording objects, templates, films, displays, layouts or data, only in the case of intent and gross negligence.

A camera or required camera equipment, such as (example) memory cards, flash equipment, as well as car (arrival and departure) or the image processing hardware and software can have a technical failure. Sabine Scharnberg assumes no liability for this.  

In the event of a total failure (no pictures can be delivered), the shooting will be repeated as soon as possible or on request  the shooting price will be refunded within 10 days. There are no further claims.

Sabine Scharnberg does not clarify the rights of persons or objects depicted unless a correspondingly signed release form is presented to the customer. The customer will only provide Sabine Scharnberg with objects and templates that the customer is entitled to use and that are free of third-party rights. The customer must indemnify Sabine Scharnberg against claims for compensation by third parties that result from the violation of this obligation.

The customer declares that he has taken over the clarification of all relevant rights for Sabine Scharnberg with regard to the photographer for the creation of photographs of objects, pictures or picture components handed over or models brought along and will indemnify her from claims by third parties in this respect.

During a photo session, photography by guests of the client or competitors is not permitted unless otherwise agreed.  

Sabine Scharnberg is only liable for the lightfastness and durability of the photographs within the framework of the guarantee provided by the manufacturer of the photographic material (e.g. Saal Digital). For data storage, Sabine Scharnberg uses hard drives that are declared flawless within the manufacturer's guarantee.  

It does not provide compensation for damage caused by the transfer of the supplied data to the client's computer. In the case of reproductions, repeat orders and enlargements, there may be color differences compared to the first photo. This is no  Errors in the work and a complaint is not justified as a result. The photographer keeps the digital files on a voluntary basis for a period of 12 months from the photo session. The photographer is not obliged to provide the data of the recording of the order to archive. Customers are advised to make backup copies themselves after purchasing the data     to be created in a suitable form.

 

Complaints by the customer must be made by e-mail or letter and must be received no later than 14 days after the photographs have been handed over.  After this period has expired, images are deemed to have been accepted in accordance with the contract and are free of defects.  

With the transfer of the image data to the customer, the storage obligation for Sabine Scharnberg expires. In addition, Sabine Scharnberg does not have to archive image data, see above.

coupons

Vouchers cannot be redeemed in combination with promotional offers. A cash payment of a voucher is not possible.  

right of withdrawal

In the event that you, as my customer, are a consumer, you have a right of withdrawal  according to the following provisions:

As a customer, you have the right to withdraw from the contract within fourteen days without giving any reason. ( The period is exactly fourteen days from the day of the conclusion of the contract).  

In order to exercise your right of withdrawal, Sabine Scharnberg must send a clear statement (e.g. a letter sent by post or an e-mail) about your decision to withdraw from this contract. There are forms for this in e.g. on the web.

To meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If the contract is revoked, Sabine Scharnberg is obliged to pay all payments that she has received for this contract, including   the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day

on which the notification of the revocation of this contract was received.  

Sabine Scharnberg used for the repayment  the same means of payment that the customer used in the original transaction. Sabine Scharnberg has the right to delay the repayment refuse until they have received the products back or until the customer has provided proof of this.

The customer has to return the goods/products immediately and in any event no later than fourteen days   from the day on which Sabine Scharnberg was informed of the cancellation of this contract.  to be returned    or handed over personally. The deadline was met if the goods were sent before the period of fourteen days   had expired.

The customer bears the direct costs of the return. The customer only has to pay for loss of value if this loss of value is due to handling that is not necessary for checking the nature, properties and functionality of the goods  is due.

Fulfillment and jurisdiction: 

The law of the Federal Republic of Germany applies (also applies to deliveries/services abroad).

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Terms and conditions for photo trips/portfolio days/photo camps are always sent separately and individually when you register. They are not published here.

Sabine Scharnberg Photography