General Terms and Conditions of Business of LUPO CORDERO photography for Photo or Video services
1. General Information
a. The following terms and conditions apply to all orders issued to the photographer / videographer Lupo Cordero. They apply as agreed on if not promptly contradicted.
a. Bookings for portrait, wedding or family photos/videos with a specific arrangement of appointments with the photographer are binding for both parties.
3. Compensation, Retention of Title
a. A rate by the hour, day, or an agreed flat rate plus the statutory value-added tax will be charged for making the photos.
b. Invoices are payable within 7 days without deductions.
c. Images will be released only after completion of payment or proof of payment is presented (copy of bank transfer).
4. Copyrights and Personal Rights
a. Under the Copyright Act [UrhG], the copyright of the photographs belongs to Lupo Cordero. The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
b. The acquired image data can be used by the customer for private purposes, except for commercial use. Private purposes can include, client's website, profile pictures, CVs, etc.
c. The commercial use of the images requires the consent of Lupo Cordero and for commercial purposes, a copyright compensation must be negotiated ahead of time. Commercial purposes can include advertising: e.g. for bridal fashion houses, hotels, etc., or journalistic use like stories in press products or the internet.
d. The photographer has the right to use images from the orders without prior agreement with the client for her own portfolio or competition purposes in the printed and electronic form. If you do not like this, point this out to Lupo Cordero before placing the order. If the pictures are not to be visible on the internet, a surcharge will incur with a base price of 20%.
e. In case of events, weddings, etc., all attendees present are automatically assumed to be in agreement with a standard model release, whether a release is physically signed or not. No customer can revoke their model release at anytime based upon their changed preferences.
5. Scope of Services
a. After the photographic session, a preliminary selection of the images are delivered for the client's consideration and selection. The approximate number of photos is set in advance and additional images are charged separately.
b. Shall it be necessary, the client is entitled to a maximum of two (2) rounds of retouch after the initial reception of the files. Additional retouch/work/manipulation of the images after this point will be invoiced accordingly.
c. Final images are delivered in JPEG format, high resolution and are optimised with 300 dpi.
d. Digital negatives or RAW files are only delivered prior agreement and are subject to a different (higher) rate than JPEG files.
e. Agreements regarding photo prints, photo albums, etc. are to be coordinated separately.
6. Design Flexibility & Rejection
a. It is pointed out to the client that photos are always subject to the creative leeway of the photographer. Therefore, reclamations and/or claims concerning the creativity leeway discretion practiced by the photographer, the location, and the used technical means are excluded. There is no right to reject on the basis of style or composition.
b. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Although the photographer will do everything within reach to maintain light and colours within similar ranges.
7. Delivery Date
a. If there is no other agreement, the photographer endeavors to provide the image data within three weeks after the photo session.
b. Client is asked to confirm receipt of images once received.
c. Any complaints concerning the content of the delivery or the content, quality or state of the photographic material shall be lodged within 48 hours of receipt. Failing this, the photographic material shall be deemed to have been received in proper condition, in conformance with the contract and as described. After this, changes or corrections will be invoiced accordingly.
a. Cancellation of confirmed work will be charged accordingly:
-less than 24 hours notice = 100%
-less than 48 hours notice = 85%
-less than 72 hours notice = 75%
-all other cancellations = 50%
b. If a booking for photography services is moved to a date on which the photographer can work as well, no costs will incur for the customer.
a. Lupo Cordero is not obliged to archive images from orders for more than two weeks. So far, all orders are archived, photos in digital form on disk drives. A storage guarantee does not exist.
b. If the customer wants to purchase copies of Lupo Cordero archive within two weeks after the completion of the order and if they are still available, it can be charged separately.
a. The photographer shall not be held liable for the breach of any rights held by persons or objects depicted in the photographic material unless a duly signed release is enclosed. The customer shall be responsible for acquiring the rights of utilization over and above the copyright to the photograph in question and for obtaining releases from collections, museums etc., e.g. for images showing works of applied or plastic arts. The customer shall be responsible for the legend as well as the context in which the photograph is used.
b. The customer shall assume responsibility for the due and proper utilization of the photographic material as of the date of delivery.
c. The photographer is not liable for the loss of stored data, digital photos or lost films. However all precautions are taken into consideration.
d. In the unlikely event that the photographer does not appear to the agreed date of the shoot or cannot deliver the images within 21 days because of force majeure (such as accident, sudden illness, environmental influences, traffic disruptions, etc. – also by members of the family of the photographer), the Client waives the claims for compensation or the shifting of any additional costs from the photographer.
11. Data Protection
a. Commerce-required personal data of the customer can be stored. Lupo Cordero is obliged to treat the information that became known during the process of the order confidential.
12. General Provisions
a. The contractual relationship anticipated by these Standard Terms and Conditions shall be subject to German law including in the case of deliveries to foreign destinations.
b. Any additions or modifications to these Standard Terms and Conditions shall be in writing only.
c. If any of the provisions contained herein are void, this shall not prejudice the validity of the remaining provisions. In such a case, the Parties undertake to replace the void provision with a valid one coming as commercially and economically close as possible to what they intended with the void provision.
d. German law or the photographer's domicile governing law applies to the contractual relationship.