Terms

Scope of these terms

1.1 These terms apply to business clients (section 14 of the German Civil Code, BGB) and consumers (section 13 BGB) for services agreed with Thilo Müller Photodesign, proprietor Thilo Müller, Birkenweg 16, 28816 Stuhr, Germany (the “studio”). Depending on the assignment, they cover photography, film, visual concepts, art direction, styling, production planning, postproduction and the grant of usage rights. The services, deliverables, fees and usage rights owed are specified in the assignment. Deliverables are the photographs, films, concepts and other results agreed for that assignment.

1.2 Different or additional terms of the client apply only if their application has been expressly agreed. Individually agreed contractual provisions take precedence over these terms.

1.3 Mandatory statutory consumer rights remain unaffected. This applies in particular to pre-contract information, total-price disclosures, remedies for defects and statutory rights of withdrawal.

1.4 Distance contracts and contracts concluded away from business premises are subject to statutory information requirements and, where applicable, rights of withdrawal. Where a right of withdrawal exists, the required withdrawal instructions and model withdrawal form must be provided separately before the consumer makes a binding contractual declaration. Starting work early and any expiry of the right of withdrawal require compliance with the applicable statutory conditions. Accepting these terms does not replace a separate request to start work early or any consent or acknowledgement required for that purpose.

1.5 The presentation of services on this website and a mere contact or project enquiry do not conclude a contract. The usual process is an enquiry and discussion, followed by an individual quotation, acceptance by the client and a corresponding order confirmation from the studio. A contract is formed through matching declarations concerning the assignment; different individual agreements remain unaffected. These terms become part of the contract only if validly incorporated; the client is given an opportunity to read them before concluding the contract. Legally required copies and contract confirmations are provided in the prescribed form.

Production assignments

2.1 Cost estimates are non-binding unless expressly designated as binding. If a substantial overrun of a non-binding estimate is expected, the studio informs the client without undue delay. Changes to the scope of services and additional chargeable services are agreed before implementation. The client’s statutory rights remain unaffected.

2.2 Before production, the parties agree who will obtain the necessary permissions and other rights. Depending on the assignment, this concerns in particular people shown, objects, locations and other content used, such as music, fonts or supplied media. Each party is responsible for the tasks allocated to it by contract. Claims arising from a breach of these duties are governed by statutory law, taking account of any fault or contributory fault of the other party.

2.3 The studio may enter into obligations in the client’s name and at the client’s expense only with prior authorization. The nature and scope of the relevant services and the budget are agreed in advance.

2.4 The type and scope of services, the deliverables and the form of delivery are agreed individually for each assignment and recorded in the quotation and the corresponding order confirmation. Selection, editing and delivery follow that agreed scope. This includes specifying file formats, resolution and film duration where relevant, editing scope, agreed revisions and dates. Whether raw data, editable project files or other work-in-progress files must be supplied is determined by the assignment. The rights granted are determined by the individual agreement and section 5; their acquisition is subject to section 3.4.

2.5 The client is asked to review supplied deliverables promptly and report apparent defects. Where acceptance is required, it is governed by statutory law. Statutory remedies for defects and time limits remain unaffected; failure to report a defect does not automatically exclude them. An agreed revision process does not restrict statutory remedies for defects.

2.6 The parties agree on the cooperation and approvals required for the assignment, such as the briefing, access to locations and the provision of agreed products or documents. If either party becomes aware that agreed cooperation or a date cannot be met, it informs the other without undue delay. The parties discuss the impact on the schedule, dates and additional work; remuneration and other claims are governed by the agreement and statutory law.

Production fees and expenses

3.1 Fees are determined by the individual agreement. If additional work falls outside the agreed scope, the studio informs the client and agrees its remuneration in advance wherever possible. Statutory rights to remuneration remain unaffected.

3.2 Expenses are charged in addition to the fee where agreed in the assignment or subsequently approved. They may include agreed travel, studio, model, styling and third-party service costs.

3.3 Payment dates and methods are governed by the contractual agreement and, where it does not provide otherwise, statutory law. Interim payments may be agreed or requested where the statutory conditions are met.

3.4 Unless expressly agreed otherwise, contractual usage rights are granted subject to the condition precedent that the agreed remuneration, including agreed expenses, has been paid in full. Mandatory statutory rights remain unaffected.

3.5 A change of date, termination or cancellation by agreement is distinct from a statutory withdrawal. Statutory termination and rescission rights remain unaffected. For a contract for work, the remuneration consequences of termination without cause are governed in particular by section 648 BGB, including the statutory allowance for saved expenses and other earnings. These terms set no flat-rate cancellation or no-show fees. Statutory consumer rights of withdrawal remain unaffected.

Archive images and previews

4.1 Images supplied for review are intended for selection and discussion. The scope and duration of access are agreed for each case.

4.2 Supplying images for review does not grant usage rights beyond the agreed review purpose. Any further use requires an appropriate agreement unless permitted by law.

4.3 Use as a layout reference or in presentations beyond the agreed review purpose must be agreed in advance as to scope and remuneration.

4.4 Handling and shipping costs for selecting or supplying archive images are charged where agreed in advance.

4.5 Physical original material must be returned by the agreed date. Handling digital preview files after selection is governed by the agreement and statutory retention requirements. Claims arising from late return, loss or damage are governed by statutory law.

Copyright and usage rights

5.1 Copyright remains with the respective author. The client receives the agreed usage rights in the deliverables; in particular, types of use, media, territory, duration and any exclusivity are specified in the assignment. Use for the studio’s own promotion requires an appropriate agreement and compliance with confidentiality, data protection and third-party rights.

5.2 The transfer of usage rights and the grant of sublicences to third parties are permitted only within the agreed scope or as allowed by law. The involvement of service providers within the agreed use is governed by the respective licensing agreement.

5.3 Editing and alterations of deliverables, including montages and changes to image crops or film excerpts, are permitted within the granted rights or statutory permissions. Further changes must be agreed with the studio.

5.4 Attribution is governed by the contractual agreement and statutory law. Where necessary, the specific form of attribution is agreed before use.

Digital files and rights information

6.1 Digital files may be processed, stored and transmitted within the granted usage rights and statutory permissions.

6.2 Transfer to third parties or availability in databases accessible to the public or third parties is permitted only within the agreed scope or as allowed by law. Agreed confidentiality and protection obligations continue to apply.

6.3 Copyright notices and electronic rights information must not be removed or altered without authorization. Agreed notices and statutory requirements must be observed when files are passed on.

Liability and damages

7.1 The studio’s liability is governed by statutory law. This applies in particular to intent, gross negligence and injury to life, body or health.

7.2 Responsibility for the intended use of deliverables and necessary rights clearances is determined by the tasks expressly undertaken and statutory law. The studio’s statutory responsibilities are not excluded.

7.3 Statutory provisions govern the limitation periods for claims.

7.4 Responsibility and allocation of risk for dispatch, transmission and return of deliverables or original material are governed by statutory law and valid individual agreements.

7.5 If supplied original material is lost or damaged, the conditions and amount of any claim for damages are determined by statutory law.

7.6 Unauthorized use, alteration or distribution of deliverables may give rise to statutory claims by the rights holder. The conditions and scope of any claim for damages are governed by statutory law.

7.7 Any claims arising from omitted attribution or the unauthorized removal of rights information are likewise governed by statutory law.

VAT and artists’ social insurance levy

8.1 Statutory VAT is stated and charged in accordance with the respective price agreement. Prices quoted to consumers are total prices including VAT. Any applicable German artists’ social insurance levy is governed by statutory law.

Applicable law and jurisdiction

9.1 The law of the Federal Republic of Germany applies. In contracts with consumers, mandatory protective provisions of the country of their habitual residence remain unaffected.

9.2 Jurisdiction is governed by statutory law.