Terms and Conditions

Terms and Conditions for Photographic and Videographic Services – adrianalexander.de

I – Subject Matter and Scope

1. 1. These Terms and Conditions (T&Cs) govern the contractual relationship between photographer Adrian Alexander (“Photographer”) and his clients in connection with photographic and videographic services.
   2. The services include the creation of high-quality photos and videos according to the client’s specific requirements and the respective project.
   3. The exact services and deliverables are defined in an individual offer or written agreement, which forms part of these T&Cs.
   4. These T&Cs apply to all services and deliveries unless expressly agreed otherwise. Any deviations require written form.

II – Scope of Services

1. 1. The Photographer undertakes to perform the agreed photographic and videographic services with the highest professionalism and in line with individual arrangements.
   2. All photos are edited by the Photographer to ensure optimal image quality. Basic editing—including color and contrast adjustments and, where appropriate, light retouching—is included in the agreed price.
   3. Any additional retouching or image editing beyond basic editing that is not due to defects or errors will be charged separately. The client will be informed of any such costs in advance and must provide consent.
   4. The client is responsible for clarifying third-party rights when a trade-show booth is photographed or filmed during live operation.
   5. For assignments commissioned by a booth builder, any required approval by the exhibitor is the responsibility of the booth builder.
   6. Unless otherwise agreed, video footage is recorded in 4K at 25fps in the sRGB color space as MP4 (H.265 codec). Upon request, resolutions up to 8K and alternative color spaces (e.g., C-Log/C-Log 3) are available.
   7. Video footage is delivered in its respective recording format and is not cut or otherwise edited by default. Editing can be provided on request and requires a separate agreement and pricing.
   8. For film projects, two revision rounds are included. If requested changes deviate significantly from the original concept, revisions are billed based on actual effort. Any further rounds beyond the included revisions are likewise billable.

III – Usage Rights

1. 1. Copyright in all photos and videos remains with the Photographer.
   2. The client acquires the right to use the photos and videos for the agreed purposes and within the agreed scope.
   3. The Photographer reserves the right to use the produced photos and videos for his own marketing unless an explicit exclusivity agreement is in place.
   4. When using the photos and videos, the client must credit the Photographer as the author, especially in print publications, online platforms, and social media.
   5. Any further editing of photos and videos is only permitted with the Photographer’s consent. The Photographer reserves the right to decide on the type and scope of editing.
   6. Transferring usage rights to third parties requires the Photographer’s consent and a separate written agreement.
   7. For assignments by booth builders or other third parties, they are responsible for obtaining all necessary permissions and usage rights. The client ensures the Photographer receives all information and approvals required to create and use the recordings.

IV – Delivery of Photos and Videos

1. 1. Delivery of finished photos and videos takes place within a reasonable period after the shoot.
   2. Delivery is digital via download. Files are provided in a common format and sufficient quality.
   3. The client receives access credentials and, if applicable, a password to download from a protected server.
   4. The Photographer may deliver in partial batches due to volume or processing time and will inform the client of expected dates for remaining files.
   5. The delivery period starts on the last shooting day. Unless otherwise agreed, delivery is completed within 3 business days thereafter.
   6. In case of unforeseen delays, the Photographer will inform the client promptly and seek a solution.
   7. After delivery, the Photographer has no obligation to archive files. Long-term storage is the client’s responsibility.
   8. The client has no claim to original captures (RAW files) or unedited footage.

V – Acceptance of Photos and Videos

1. 1. Deliverables are deemed accepted unless justified objections are raised within 7 days after availability.
   2. Objections must be submitted in writing within 7 days and be specific and substantiated.
   3. The Photographer will review justified objections and remedy them within a reasonable time—either by improving the images complained of or, where possible, by re-shooting.
   4. Objections do not entitle the client to withhold payment or to carry out unilateral edits/corrections.
   5. For unjustified objections, the Photographer may charge the client for any resulting costs.
   6. Any claims arising from defects or deviations lapse if not asserted within said period and in the required form.

VI – Selection of Photos and Videos

1. 1. The Photographer reserves the right to select the best images based on professional judgment and aesthetic considerations.
   2. The client agrees that selection is at the Photographer’s discretion and not all captures from the assignment must be provided.
   3. If expressly agreed, an unedited, low-resolution preview selection may be provided. Such previews may carry watermarks and may only be used for selection purposes.
   4. The Photographer may withhold images for aesthetic, technical, or other reasons.
   5. Requests for additional shots or re-selection require separate agreement and may incur additional costs.
   6. The Photographer will provide the selection within a reasonable time in the agreed form.

VII – Access and Photo Permits

1. 1. The client ensures unobstructed access to the agreed shooting location for the Photographer, team, and assistants.
   2. If special access or permits are required (e.g., security restrictions), the client must obtain them in advance.
   3. Any costs for tickets, permits, or access passes for the Photographer are borne by the client and invoiced separately.
   4. The client is responsible for obtaining the photo permit. This includes approvals from property owners or responsible parties prior to the shoot.
   5. If the Photographer organizes permits at the client’s request, this is billed separately.
   6. If, for reasons beyond the Photographer’s control, access at the agreed time is not possible or the agreed scope cannot be produced, the client must arrange a new date. In such cases, additional costs of EUR 100.00 plus travel expenses may apply.
   7. The client is responsible for ensuring the booth/exhibition can be photographed/filmed, including:
      • Timely notice to booth staff about the shoot and, if desired, clearing the booth during the session.
      • Providing sufficient lighting for optimal capture conditions.
      • Activating media displays to avoid black screens.
      • Presenting exhibits without coverings or obstructions.
      • Informing cleaning and security staff so that they do not obstruct the shoot.

VIII – Artistic Freedom

1. 1. Within the agreed conceptual framework, the Photographer retains artistic freedom in executing the assignment.
   2. The client agrees that creative decisions reflect the Photographer’s style and aesthetic vision.
   3. Client-imposed creative constraints require explicit agreement and may affect fees.
   4. The Photographer will execute the assignment to the best of his abilities while considering the client’s wishes and requirements.
   5. Characteristic techniques and styles of the Photographer may be employed.
   6. Specific artistic wishes must be discussed in advance and, where appropriate, recorded in writing.
   7. The Photographer may decide on selection and editing of final images to ensure quality and artistic integrity.
   8. Any changes or deviations from agreed services based on artistic decisions require prior consultation with the client.

IX – Right of Withdrawal and Cancellation

1. 1. The client may withdraw from the contract within 14 days of conclusion without stating reasons. If a shoot is scheduled within this period, the withdrawal period is shortened accordingly.
   2. In case of short-notice cancellation by the client, cancellation fees apply in a reasonable, industry-standard tiering.

X – Liability

1. 1. The Photographer is liable for damage caused intentionally or by gross negligence in accordance with statutory provisions.
   2. For slight negligence, liability exists only for breaches of cardinal duties (material contractual obligations), limited to typical, foreseeable damage.
   3. Liability for loss of profit, indirect or consequential damage, or purely financial losses not directly caused by a contractual breach is excluded.
   4. The above limitations do not apply to injury to life, body, or health, nor to mandatory strict liability (e.g., under product liability law).
   5. The Photographer assumes no liability for damage arising from missing or inaccurate client information.
   6. No liability is assumed for damage due to non-observance of booth conditions or acts of third parties outside the Photographer’s control.

XI – Retention of Title and Payment Terms

1. 1. Delivered photos and videos remain the Photographer’s property until full payment of all claims arising from the contract.
   2. The client may resell the reserved goods in the ordinary course of business but hereby assigns to the Photographer all claims against purchasers up to the invoice amount. The client remains authorized to collect these claims unless in default. The Photographer may collect assigned claims if the client fails to meet payment obligations.
   3. Payment is due within 14 days of invoice receipt unless otherwise agreed.
   4. In the event of breach—especially payment default—the Photographer may demand return of reserved goods or assignment of the client’s surrender claims against third parties. Exercising retention of title or seizing reserved goods does not constitute withdrawal unless expressly declared in writing.

XII – Severability

1. 1. If any provision of these T&Cs is or becomes invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that most closely reflects its economic intent.

XIII – Governing Law and Venue

1. 1. All legal relations between the Photographer and the client are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
   2. Exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Munich.