Terms & Conditions
I. Scope, General Provisions and Definitions
1. The following terms and conditions apply to all contracts with Dennis Rolea (hereinafter referred to as the Contractor), unless otherwise agreed with the client (hereinafter referred to as the Client) in offers, contracts or other specified exceptions. In such cases, the deviating agreements shall apply. Should a provision of the contract deviate from these Terms and Conditions, the provision of the contract shall take precedence. These Terms and Conditions are merely clarifying and regulatory in nature, insofar as the contract itself contains no or only an unclear provision.
2. The following definitions shall apply: Photo(s): Image recordings (including video recordings) regardless of storage medium or storage form; this applies in particular, but not exclusively, to negatives and positives (regardless of whether as print or digital, whether as single shot, sequence or collection).
3. "Photo shoot": Execution of the contractual or agreed services by the Contractor.
II. Execution of Contractual Services by the Contractor
1. The concluded contract is decisive for the contractual service. Reductions of the contractual services are only binding if they are agreed upon at least in text form (including email). Extensions of the contractual services can be agreed upon by mutual consent, regardless of the aforementioned formal requirement, until the completion of the contractual services by the Contractor.
2. The Client owes information that is reasonably required for the execution of the Contractor's contractual services in sufficient time for the Contractor to perform the contractual service without delay and without unagreed additional effort.
3. The design of the photographs is the responsibility of the Contractor. The Client may give explicit instructions, which only become binding upon confirmation by the Contractor. Design deviations from the Client's unexpressed expectations do not constitute a defect in the Contractor's contractual performance. Subsequently agreed design changes entitle the Contractor to additional compensation.
4. All work by the Contractor is carried out in their personal style and at their own discretion (unless otherwise agreed). This is due to artistic creative freedom. This applies, for example, to the general selection of images and motifs, image editing, the selection of images for a slideshow and its music tracks.
5. The image material will be provided to the Client in edited condition, high-resolution in JPG format. There is no entitlement to receive unedited digital raw data (RAW).
6. The Contractor owes delivery of the photos within a period of 8 weeks after the photo session, unless they are additional products (e.g., wedding albums) requiring special effort; in this case, a delivery date will be agreed upon separately.
7. The Contractor shall store digital image data for a period of twelve (12) months following complete delivery to the Client. Upon expiration of this period, the storage obligation shall cease; the Contractor shall thereafter be entitled to permanently delete the data. Storage beyond this period requires a separate written agreement and may be subject to additional compensation.
8. Notwithstanding the foregoing, the Contractor shall be entitled to retain the digital image files indefinitely as proof of authorship.
9. Unless otherwise agreed, the Contractor shall provide the Client with a selection of preview images ("Sneak Peek") within seven (7) days of the photo session. These preview images serve as a preview only; no entitlement to specific motifs or a minimum number of images exists.
10. The Client shall provide the Contractor with a complete and detailed day schedule (timeline) in text form no later than fourteen (14) days before the agreed photo session. This schedule must include all relevant times, locations, and contact persons. The Contractor shall not be liable for undocumented or missed moments where such moments were caused by late submission, incomplete information, or last-minute changes to the schedule by the Client or third parties.
11. The Contractor shall be entitled, at their own reasonable discretion, to engage one or more assistants (second photographer/videographer) to support the fulfillment of the contract. All images created by assistants within the scope of the assignment shall be subject to the same copyright provisions and usage rights regulations as the images of the Contractor. The Contractor shall be liable for the fault of their assistants as for their own fault.
12. For agreed coverage periods exceeding six (6) hours, the Client shall provide the Contractor and any assistants with an appropriate hot meal and non-alcoholic beverages. Catering should, where possible, be provided at the same time as catering for the wedding guests. Alternatively, the Client may cover the reasonable costs incurred for this purpose.
13. The Contractor recommends that the Client instruct wedding guests to refrain from using mobile phones, tablets, and cameras during the ceremony ("Unplugged Ceremony"). The Contractor shall not be liable for impaired or unrealizable shots where such impairment was caused by the conduct of third parties, in particular electronic devices held in the field of view.
III. Copyright
1. The Contractor is the author of all photographs taken within the scope of the respective contractual relationship. Their rights are determined in accordance with the Copyright Act (UrhG).
2. The Client is aware that the image material delivered by the Contractor is protected by copyright.
IV. Simple / Extended Usage Rights
1. Within the scope of the contractual services, the Client receives only a simple right of use for the photographs produced, which entitles them exclusively to private use. Commercial use of any kind is not permitted without a separate written agreement.
2. Extended rights of use, such as reproduction and/or distribution of photos within the meaning of § 60 UrhG, only exist for the Client if this has been agreed in writing. The same applies to any other modification or further processing of the photographs. The same applies to the transfer of usage rights by the Client to third parties (e.g., other service providers such as stylists, DJs, decorators, venue operators, wedding planners, etc.).
3. This transfer of usage rights is subject to the condition precedent of full payment of the agreed compensation to the Contractor.
4. Upon conclusion of the contract, the Client grants the Contractor a non-exclusive, perpetual, and worldwide right to use photographs and videos created within the scope of the assignment for the following purposes: presentation in the portfolio (analog and digital), publication on the Contractor's website, use on the Contractor's social media and platforms, use in advertising materials and printed matter, submission to competitions and awards, publication in editorial contributions, trade publications and blogs, and presentation at trade fairs and lectures. The Contractor undertakes to use the images exclusively in a manner appropriate to the Client's reputation. The Client may object to such use in writing at any time; revocation shall apply exclusively to future publications and shall not affect publications already made. No separate fee is owed for this grant of usage rights.
5. The Contractor shall be entitled to publish selected images on social media and on their website prior to complete delivery to the Client ("Sneak Peek" / "Preview"). The Client undertakes not to share or publish any images from the Sneak Peek selection on social media or other public channels prior to initial publication by the Contractor. A breach of this provision may entitle the Contractor to claim damages, provided that demonstrable damage has been incurred.
V. Fee and Expenses
1. The Contractor's compensation is agreed upon as an hourly rate or as a lump sum.
2. The agreed compensation does not include the expenses necessary for the execution of the contractual service, such as travel or accommodation costs. These are to be borne by the Client in a reasonable amount. Photo shoots extending into the evening hours or starting in the morning regularly require overnight stays near the photo shoot location. The Client can either provide accommodation or alternatively cover the resulting costs.
3. Travel to and from the Contractor's business premises. Travel up to 100 km one way from the Contractor's business premises will not be invoiced separately unless otherwise agreed. Travel distances beyond this will be charged at €0.40 per kilometer traveled. For travel by train or plane, as well as required overnight stays and meals, expenses will be invoiced at the actual amount incurred and documented by the Contractor.
4. Other costs incurred by the order, such as parking fees, tolls and highway fees, as well as admission fees and transfer costs incurred on site, are not included in the fee and are borne by the Client.
5. Extensions of the agreed service times will be invoiced by the Contractor for each half hour or part thereof commenced. The hourly rate agreed in the contract applies.
6. The Contractor is entitled to invoice a deposit of 50% of the total price upon conclusion of the contract with a payment term of 7 days. In this case, the booked date is only binding for the Contractor upon receipt of payment. Therefore, the Contractor is not obligated to perform the assignment in the event of non-payment within the deadline. Receipt of the amount in the Contractor's account is decisive.
7. The Contractor's compensation claims are due without deduction within 7 days of receipt.
8. The transfer of ownership of the photos is subject to full payment of the Contractor's compensation claims.
VI. Early Termination of Contract and Legal Consequences
1. Claims arising from termination of the contractual relationship are determined according to the following provisions.
2. Unless otherwise provided below, in the event of termination by the Client, the Contractor is entitled to compensation for damages as follows:
- In the event of early termination by the Client up to 181 days before the execution date, the Contractor is entitled to 50% of the agreed fee.
- This claim increases to 75% in the event of termination by the Client between 180 and 91 days before the execution date.
- To 95% in the event of termination by the Client between 90 and 14 days before the execution date.
- To 100% in the event of even shorter-notice terminations by the Client.
The Client is free to prove that the Contractor has suffered no damage or less damage. In the event of justified termination by the Client for an important reason attributable to the Contractor, the claim for damages is waived.
3. If the Contractor terminates, the claim to compensation is waived.
VII. Official Orders Affecting Execution
1. If the wedding cannot take place at the planned location on the planned execution date due to an official order, and the Client notifies the Contractor of this, the following applies:
a) For clarification: A mere official restriction of the execution (e.g., a restriction to a smaller number of guests than originally agreed) does not count as a prohibition, unless the restriction results in a reduction of the number of persons to less than 50% of the originally planned number of participants.
b) If the Client has notified the Contractor immediately of the prohibiting official order, the parties are obligated to adjust the basis of the contract under the following conditions:
- The Client shall name 5 alternative dates on which the execution is expected to be possible. The 5 dates should, if not officially prohibited, be within a 6-month period from the original execution date.
- If a date within the 6-month period cannot be agreed upon, the Client may name 3 additional dates outside the 6-month period.
- Postponement of the execution date by 6 months – 1 year: original fee + 5%
- Postponement of the execution date by more than 1 year: original fee + 10%
c) In all the above cases of postponement of execution, the Client has no claim to reimbursement of a deposit already paid; this remains creditable against the total price with the Contractor.
d) If a postponement based on the above modalities is not possible, the parties may agree on another date with the deposit being credited. Alternatively, the Contractor may terminate the contract. In this case, the Client is entitled to a lump-sum compensation claim of 25% of the agreed fee.
e) If the Client does not notify the Contractor of the official order immediately, the change modalities remain in place, but the Contractor is free to claim damages due to the delayed notification, provided they can prove damage.
2. If the Contractor is not permitted to attend the civil ceremony due to an official order, the claim to compensation remains.
3. In the event of termination by the Client in the case of mere official restriction of execution, the provisions of VI paragraph 2 apply.
VIII. Presumption of Damage
In the event of the Contractor having a claim for damages, this is presumed to be in the amount of the above provisions. The Client is free to prove that the Contractor has suffered less or no damage.
IX. Liability
1. The liability of the Contractor and their vicarious agents for breaches of duty that do not concern essential contractual obligations and that have not caused injury to life, body or health is limited to gross negligence and intent.
2. No liability is assumed for defects, damage or only partially executed work that is attributable to incorrect or inaccurate instructions from the Client.
3. Should the Contractor fail to appear at the agreed photo session due to special circumstances such as sudden illness, traffic accident, environmental influences, traffic disruptions, etc., they shall not be liable for any damages, losses or consequences resulting therefrom to the Client. In such a case, the Contractor will endeavor to find a replacement photographer (if desired by the Client), who will provide their services at their own expense. There is no entitlement to this.
4. Fees already paid for services not yet rendered will be refunded to the Client in the cases mentioned under point VII. 3.
5. The Contractor is not liable for damage or injuries suffered by the Client during the photo shoot.
6. The Contractor is only liable for damage or loss of digital image data in the event of intent or gross negligence.
7. The Contractor is only liable for exceeding agreed delivery dates in the event of intent or gross negligence.
8. The Contractor is not liable for unpunctuality or prevention if they are not responsible for this.
9. Complaints concerning the agreed contractual services must be made in writing within 14 days of delivery of the photographs. After this period has expired without complaint, the service shall be deemed to be in accordance with the contract and free of defects.
X. Confidentiality and Data Protection
1. To execute the contract, it is necessary for the Contractor to process personal data.
2. The Contractor is obligated to maintain confidentiality regarding information that has become known to them in the course of processing the contract.
3. All service providers used by the Contractor to fulfill the contractual service (such as album manufacturers, photo labs, etc.) are obligated by the Contractor to comply with data protection regulations.
4. Upon conclusion of the contract, the Client receives the Contractor's privacy policy.
XI. Final Provisions and Severability Clause
1. The law of the Federal Republic of Germany applies.
2. No side agreements to the contract exist and, if subsequently desired, require written form for their validity.
3. In the event that the Client does not have a place of jurisdiction in the Federal Republic of Germany or moves their registered office or habitual residence abroad after conclusion of the contract, the Contractor's domicile is agreed as the place of jurisdiction.
Should a provision of these General Terms and Conditions be or become legally invalid, the order placed and the remaining provisions of these General Terms and Conditions shall nevertheless remain valid. The parties undertake to replace an invalid provision with a valid provision that comes as close as possible to this provision.