General Terms and Conditions (GTC) of Sabine Scharnberg Photography
The following conditions apply to all offers, orders, services and deliveries carried out by Sabine Scharnberg Photography (Lenschower Weg 29 in 23923 Wahrsow). These terms and conditions apply in the context of the ongoing business relationship - even without express inclusion - and also for all future orders, offers, deliveries and services by Sabine Scharnberg.
Terms and conditions of the customer that deviate from the following conditions will not be recognized. Such deviating terms and conditions do not become part of the contract even if Sabine Scharnberg does not expressly contradict them.
The place of jurisdiction is 23923 Wahrsow or Wismar.
Deviating agreements between the contracting parties must be made 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 make a new date. In the event of complete cancellation by Sabine Scharnberg, the total amount will be reimbursed if paid in advance.
An appointment can e.g. B. are not noticed in the event of higher illness, violence, natural disasters, lower coincidences, quarantine if corona is suspected and others.
It is not permitted to use photos that were taken during a shoot for self-promotion for your own photographer's website.
Reselling or sending the images to third parties is also not permitted.
For the services of Sabine Scharnberg, remuneration is calculated as an hourly rate, daily rate or an 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 are billed separately by Sabine Scharnberg, unless they are part of the shooting package.
If the customer wishes changes during or after a photo production, he has to bear the resulting additional costs. If the time allotted for recording work is significantly exceeded for reasons for which the photographer is not responsible, an agreed flat fee must be increased accordingly.
The shooting order comes about through an oral or written confirmation (also a clear confirmation via e-mail and / or WhatsApp) from the client.
The parties agree on the customer's obligation to perform in advance, unless otherwise 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 motif (i.e. a horse, a dog, etc.). If there are several animals, an agreement or a new price must be set.
In the event that a shooting appointment is canceled by the customer, Sabine Scharnberg is entitled to the following
To invoice amounts:
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 in
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 makes the choice of images. The selected recordings are sent digitally via download. Printed products are sent uninsured by post.
The raw files (RAW) always remain with Sabine Scharnberg. The image files produced by Sabine Scharnberg must not be changed. This includes color, filters, image details, shapes, etc. Sabine Scharnberg does not pass on unprocessed 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 interpretation as well as the artistic and technical design are excluded.
Sabine Scharnberg has her own visual style, which the customer knows, wants 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 changes during or after processing, he must bear the costs. Sabine Scharnberg retains the right to remuneration for work that has already started.
Rights of use of the photographer
The customer acknowledges that the image material supplied by Sabine Scharnberg is copyright-protected photo
works within the meaning of Section 2, Paragraph 1, Item 5 of the Copyright Act.
Sabine Scharnberg is the author of all photographs taken in accordance with Section 7 of the Copyright Act (UrhG). This right is not
transferable. Therefore, even after the image files have been handed over to the customer, she remains entitled to all images created. The customer
Sabine Scharnberg entitles Sabine Scharnberg to use the created images without restriction in terms of time, space and content (in particular to publish
unless otherwise agreed
(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. It should be one of those
Recovery 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,
to publish for the purpose of self-promotion. In particular, it is entitled to create its own content ("behind the scenes") while the order is being carried out and to publish it for the purpose of self-promotion. The customer agrees that
he can be recognized on such recordings.
People who appear as accessories on image material are not entitled to any compensation or remuneration, as long as these only incidentally increase the liveliness of the overall presentation, appear only on occasion and are not removed from the anonymity. The people present will be 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 entitlement to naming the client.
Rights of use of the customer when booking shoots:
With the full payment of the agreed fee, the customer acquires the following rights to the recordings:
The customer acquires the simple right of use for private use of the recordings. This includes:
the storage of the digital files in unchanged form on any type of storage medium, as well as prints of any kind (exclusively for personal use).
the publication of the images on the Internet in one's own social media profiles and on one's own homepage as well as the passing on to third parties for such uses, if these third parties also only use the images for private purposes. (For this, however, only the web-optimized version with watermarks is to be used.)
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 consent of Sabine Scharnberg.
Without the prior consent of Sabine Scharnberg, the following is particularly not permitted:
the resale of prints (photos, posters ...) or digital files
the transfer of digital files to third parties for non-exclusively private use (e.g. competition)
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 of Sabine Scharnberg, the customer acquires an exclusive right to use the photographs. Sabine Scharnberg is then from the transfer of this right of use
no longer entitled to use the recordings themselves - in particular in the manner described above. The transfer
However, even in the event that an exclusive right of use is granted, the customer is only permitted to sub-licenses with the prior consent of Sabine Scharnberg.
Any use of the recordings outside of a transferred right of use constitutes a violation of copyright
by Sabine Scharnberg.
Copyright and attribution
Sabine Scharnberg has the right to be named in the usual place according to § 13 UrhG. For this purpose, every digital file is made, though
not expressly agreed otherwise, also delivered 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 photos that have been approved by Sabine Scharnberg.In the event that a second version with the photographer's signature is not available, each publication must be named
the photographer. This is:
Photo Credit: Sabine Scharenberg Photography (www.SabineScharnberg.com)
Warranty and liability
Sabine Scharnberg and her vicarious agents are liable to the customer for the breach of obligations that are not essential
contractual obligations are only in the event of gross negligence or intent. Excluded from this are claims due to injury to life, limb, health of the customer, his helpers or his animals. Compensation for any indirect damage is excluded.
Sabine Scharnberg undertakes to exercise the greatest possible care when carrying out an order.
If the customer has not given the photographer any express instructions regarding the design of the photographs, complaints regarding the image interpretation and the artistic technical design are excluded.
Sabine Scharnberg's image style / design 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 left for collection by the customer will be treated with the greatest possible care. The customer undertakes
to insure them yourself against loss, theft and damage if necessary.
Sabine Scharnberg is not liable for damage to objects, templates, films, displays, layouts or data, only in the event of willful intent and gross negligence.
A camera or required camera equipment, such as B. 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 shoot will be repeated at the earliest possible time 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 depicted persons or objects, unless a correspondingly signed release form is presented to the customer. Sabine Scharnberg are therefore only provided objects and templates by the customer that the customer is authorized to use and that are free from third-party rights. The customer must keep Sabine Scharnberg free from third party claims for compensation resulting from the breach of this obligation.
The customer declares that he has taken over the clarification of all relevant rights for Sabine Scharnberg with regard to the creation of photographs of objects, pictures or image components or models he has brought with him and that he will keep Sabine Scharnberg free from claims from third parties.
During a photo session, guests of the client or competitors are not permitted to take photos unless otherwise agreed.
Sabine Scharnberg is only liable for the light resistance and durability of the photos within the framework of the guarantee of the manufacturer of the photo material (e.g. Saal Digital). For data storage, Sabine Scharnberg uses hard drives that are declared to be flawless within the manufacturer's guarantee.
It does not provide any compensation for damage caused by the transfer of the data supplied in the client's computer. In the case of reproductions, reorders and enlargements, there may be color differences compared to the first photo. This is not a
Errors in the work and a complaint are 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 archive the data of the recording of the order. The customer is recommended to make backup copies in a suitable form himself after purchasing the data.
Complaints by the customer must be made by email or letter and received no later than 14 days after the photographs have been handed over.
After this period, images are deemed to have been accepted in accordance with the contract and free of defects.
When the image data is handed over to the customer, Sabine Scharnberg's duty to store it expires. In addition, Sabine Scharnberg does not have to archive image data, see above.
Vouchers cannot be redeemed in combination with special 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 the contract is concluded).
In order to exercise your right of withdrawal, Sabine Scharnberg must provide a clear declaration (e.g. a letter sent by post
or an email) of your decision to withdraw from this contract. There are forms for this in z. B. on the web.
In order to meet the cancellation deadline, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If the contract is canceled, 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 that result from the fact that you use a different type of delivery than the one offered by us , have chosen cheap standard delivery), to be repaid immediately and at the latest within fourteen days from the day,
on which the notification of the cancellation of this contract was received.
For the repayment, Sabine Scharnberg uses the same means of payment that the customer used in the original transaction. Sabine Scharnberg has the right to refuse repayment until she has received the products back or until the customer has provided evidence of this.
The customer must return the goods / products immediately and in any case no later than fourteen days from the day on which Sabine Scharnberg was informed of the cancellation of this contract or hand them 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 depreciation if this depreciation occurs
is due to handling that is not necessary to check the nature, properties and functionality of the goods.
Place of fulfillment and place of jurisdiction:
The law of the Federal Republic of Germany applies (also applies to deliveries / services abroad).
Sabine Scharnberg Photography