General Terms and Conditions

1 Scope

1.1. These general terms and conditions (hereinafter referred to as General Terms and Conditions) apply to consumers in accordance with Section 13 of the German Civil Code (BGB) and companies in accordance with Section 14 of the German Civil Code (BGB) for the provision of services by Foto Squad 711.

1.2. By placing the order, the customer acknowledges the validity of these terms and conditions for the business relationship between the parties. The General Terms and Conditions also apply to all subsequent orders from the customer, without the need for these General Terms and Conditions to be expressly included again.

1.3. All regulations that deviate from these General Terms and Conditions require a separate written agreement between the parties in individual cases. If the customer is a consumer, text form is sufficient, in deviation from the above, for advertisements or declarations to be made by the customer to Photo Squad 711 or third parties.

1.4. Differing terms and conditions of the customer are only valid if they are expressly acknowledged in writing by Photo Squad 711. This also applies if Photo Squad 711 does not expressly contradict the customer's general terms and conditions or delivery conditions or if services are provided without reservation.

1.5 The prices apply at the time of booking a photo shoot or other service.

2 Conclusion of contract and subject matter of the contract

2.1 “Photographs” within the meaning of these General Terms and Conditions are all products produced by the photographer, regardless of the technical form or medium in which they were created or exist (e.g. printed images, negatives, data, digital images, etc.)

2.2 The basis of the contractual relationship is the offer submitted by Photo Squad 711, including the associated service descriptions. Unless a different period is specified, the offer is valid for a period of four weeks from the customer's receipt of the offer.

2.3 By accepting the offer, the customer accepts the conditions contained therein and the validity of these terms and conditions. Acceptance can also be made by email or telephone.

2.4 The purpose of commissioning Photo Squad 711 by a customer can be, for example, a portrait shoot, support for an event or an art project.

3 modalities of service provision – photo production

3.1 For more extensive recordings or productions, the process will be roughly determined between the two parties beforehand. If the customer has specific wishes, these must be expressed to Photo Squad 711.

3.2 In particular, the customer must ensure that the selected location can also be used on the day of the agreed photo shoot and that photographs can be taken there. The customer must ensure that the owner obtains the appropriate consent, unless otherwise agreed in writing between the parties.

3.3 In the event that Photo Squad 711 creates a cost estimate, it should be noted that this is a non-binding cost estimate that was created based on the customer's information and wishes. Only after the photo shoot has ended can the actual effort incurred be determined and calculated.

3.4 In the event that it is necessary to involve third parties (e.g. stylists, make-up artists, assistants), Photo Squad 711 is entitled to commission these third parties on behalf of and in the name of the customer and on his account. In this case, no contract is concluded between Photo Squad 711 and the third party.

3.5 The photos that are shown to the customer after photo production are selected by Photo Squad 711. An individual agreement that deviates from this principle is possible.

4 Provision of photographs for viewing - complaint period

This section regulates the case in which images are made available to the customer digitally for viewing so that the customer can make a selection

4.1 All images are copyrighted photographic works in accordance with Section 2 Paragraph 1 Number 5 UrhG.

4.2 The image material is the property of Photo Squad 711. The customer is prohibited from using the viewing material or passing it on to third parties.

4.3 The customer selects the images that he would like to purchase from the digitally provided images. The customer should make the image selection within 7 days. This deadline also applies to a complaint. After this period has expired, the image material is deemed to be contractually and properly accepted. The customer tells Photo Squad 711 which images they have chosen. This can be done verbally or in writing, including by email. The agreed purchase price is then due for all images.

4.4 Complaints relating to the technical implementation or artistic design are excluded.

5 Handover of documents

5.1. Photo Squad 711 reserves all rights to the documents handed over as part of order processing.

5.2 Photo Squad 711 is not prevented from offering these services to third parties or using them for its own purposes. The customer is not entitled to use such services in any form, to process them, or to use them as a basis for producing their own material. If and to the extent that an order is not placed, the customer is obliged to immediately return all presentation documents submitted by Photo Squad 711 or delete them from existing data carriers.

5.3 Any unauthorized disclosure of documents to third parties, their publication, distribution, reproduction or other use by the customer or third parties commissioned by the customer, obliges the customer, without prejudice to any other claims of Photo Squad 711, to pay the fee provided for the documents in question.

6 Cancellation of appointments booked bindingly by the customer

6.1 As soon as the customer has received a confirmation email from Photo Squad 711, Photo Squad 711 will reserve this appointment for the customer. Photo Squad 711 cannot therefore accept any further offers for this time or day.

6.2 A reservation fee of 30% of the total amount (fees for photo shoots) is due for this reservation. It is to be seen as compensation for the fact that other orders could not be accepted for this date. The customer will receive the invoice for this amount following the confirmation email from Photo Squad 711. In the final billing, the reservation fee will be offset against the total costs.

6.3 Cancellation of the photo shoot is possible up to 24 hours before the agreed date without further costs. Otherwise, the reservation fee will be retained by Photo Squad 711.

6.4 If the photo shoot is canceled by the customer, for whatever reason, the full fee (reservation fee and fees for the photo shoot) is due and will be invoiced.

7 Cancellation by Photo Squad 711 - Changes in the photo shoot process

7.1 If Photo Squad 711 cannot carry out the order or deliver images by a previously specified deadline due to force majeure, accident or illness, the customer waives any claims for damages.

7.2 Photo Squad 711 will endeavor to find a replacement photographer. If the replacement photographer causes higher costs, these must be borne by the customer. In the event that the replacement photographer cancels after accepting the order, Photo Squad 71 is not liable.

7.3 Insignificant changes in the photo shoot process or a reasonable relocation of the photo shoot location do not entitle you to a price reduction or withdrawal from the contract. If a photo shoot has to be canceled, Photo Squad 711 will promptly refund any amounts already paid. Further claims are excluded, except in cases of intentional or grossly negligent behavior by employees or other vicarious agents of Photo Squad 711.

8 photo shoots at events

8.1 When taking photos as part of events, Photo Squad 711 points out that the customer (organizer, etc.) must ensure that the participating guests are informed that the event will be photographed or filmed. The organizer should obtain the consent of the guests. A sample can be provided to the customer.

8.2 The customer (organizer) must inform Photo Squad 711 of this and ensure that people who have not given this permission are not visible in group photos etc.

8.3 If the customer fails to provide the above-described information and consent to his guests in accordance with Art. 6 Para. 1 a) GDPR and/or to Photo Squad 711, the customer thereby releases Photo Squad 711 from all claims made by third parties regarding a violation of their personal rights, etc . claim.

8.4 In addition, the customer must clarify in advance whether photography or filming is permitted in the respective location (hotel, guest room, church, etc.). He must obtain the consent of the owner here. A corresponding sample form can be made available to the customer upon request without Photo Squad 711 assuming liability.

8.5 If the customer fails to make this request and the owner or an authorized third party prohibits Photo Squad 711 from taking photos, the customer must pay the entire agreed fee.

8.6 The customer must also clarify in advance how the division of tasks should look like if several photographers are present.

9 General instructions for photo shoots from Photo Squad 711

As a customer of Photo Squad 711, we ask you to read the following instructions carefully and observe them:

9.1 You should arrive at the agreed shooting location at least 15 minutes before the agreed date. If you are late, this time will be deducted from the recording time. It is the responsibility of Photo Squad 711 to deviate from this in individual cases.

9.2 Photo Squad 711 assumes no liability for valuables brought along.

9.3 Please remember to bring enough food (drinks and snacks) for a break during a longer photo shoot.

9.4 The customer is obliged to cooperate in the event of service disruptions within the framework of the legal provisions and to avoid any damage or keep it to a minimum. In particular, any complaints must be brought to the attention of the respective photographer immediately. If the customer culpably fails to report a defect, he will forfeit his right to a reduction in remuneration.

9.5 Photographs - especially those taken in the so-called outdoor area - are never without a residual risk. The customer is only insured against an accident and rescue as part of his own accident insurance. Photo Squad assumes no liability for this.

10 Editing the created images

10.1 The images are fundamentally optimized by Photo Squad 711. Extensive retouching requires a lot of effort, which the customer must commission and pay for separately.

10.2 After sending the images or after providing access to the created photographs, the customer has the one-time opportunity to express wishes regarding a different processing, provided that the submitted processing does not correspond to the usual style of Photo Squad 711. The customer can get an impression of the usual style based on the pictures shown on the website.

10.3 You have the right to complain about the edited images for 7 days. After handing over the photographs or accessing the image files, the customer must notify Photo Squad 711 of any complaints in writing (email is sufficient) within 7 days. After this period has expired, the customer has accepted the images as correct and in accordance with the contract, so that compensation for all images is due.

11 Rights of use and copyright

11.1 Photo Squad 711 is entitled to the copyright to all photos and video recordings created in accordance with copyright law.

11.2 Photographs are generally taken for the customer's private use. The customer receives a simple, non-transferable, temporally and spatially unrestricted license to use the images created for him privately and to pass them on to family and friends.

11.3 Sending application images to third parties is part of the normal use.

11.4 Reproduction, editing and distribution of the photographs is not permitted.

11.5 Use in social media channels is also permitted, provided that the author is correctly identified.

11.6 If the customer would like to use the photos commercially, e.g. for his company website, for advertising purposes, on flyers and in social media, this must be agreed separately as part of a license agreement. There it is stated for what purposes the usage rights are transferred.

11.7 Photo Squad 711 grants the customer the rights to use the intellectual property rights of the services provided by Photo Squad 711 exclusively for the specifically agreed use. The scope of such grants of rights in terms of space, time and subject matter depends exclusively on the contractual agreement and the purpose of the contract. Section 31 Paragraph 5 of the Copyright Act also applies to all services not protected by copyright. Rights will only be transferred if this has been expressly agreed in writing. The customer only acquires the contractually agreed rights upon full payment of all claims arising from the order.

11.8 If the customer wishes an extended right of use or the original files of the photographs for further processing after completion of the order, Photo Squad 711 must be informed or the file requested. Usage fees apply for the extension, which must be calculated depending on the scope of the usage right. If an original file is provided, double the fee for the previous order can be charged as compensation.

11.9 Photo Squad 711 retains ownership of the negatives, the raw files of the images, and digital data carriers that were created to carry out the customer order.

11.10 Upon request by Photo Squad 711, the customer is obliged to provide Photo Squad 711 with information about the scope of use of the services.

11.11 When publishing, the customer will name Photo Squad 711 as the author in the manner customary in the industry. When publishing, the customer will name Photo Squad 711 as the author as follows:

Robert Liedtke

The author must be named directly on the image. The author must be named in the imprint. Publication on social media is only permitted for private purposes. Deviations from this principle must be agreed separately between the parties and will also be subject to a fee.

11.12 The transfer of the rights granted to the customer to third parties or use for purposes other than those contractually agreed requires the separate written consent of Photo Squad 711 in individual cases.

12 customer images that were not created by Photo Squad 711 and their editing or further processing

12.1 If the customer hands over or sends their own images for further processing or product production, Photo Squad 711 has no copyright to the created product; the copyright to the image lies with the customer.

12.2 The customer declares that he is the author of the images when sending the images. If you are not, you are liable to us that you may use the images without restriction within the scope of the above usage rights. In this respect, you release Photo Squad 711 from any claims made by third parties.

12.3 Photo Squad 711 is entitled to check the image files sent or transmitted by the customer for processing to see whether they violate Photo Squad 711's corporate guidelines (e.g. no nude photos). In this case, Photo Squad 711 is entitled to destroy the images and not carry out the order. There is no obligation to check Photo Squad 711's compliance with legal provisions or other regulations.

12.4 Photo Squad 711 assumes no liability for the images/videos provided by the customer. The customer releases Photo Squad 711 from any liability, including the costs of necessary legal defense against third parties, for such content.

12.5 If Photo Squad 711's services cannot be used in part or in whole due to the images provided by the customer, Photo Squad 711's claim to compensation remains unaffected.

12.6 If the customer leaves image files to Photo Squad 711 to carry out an order (e.g. printing on a T-shirt, mobile phone case, key ring), Photo Squad 711 is granted a simple right of use to the image files for the purpose of producing the products. This also includes editing the images.

13 Obligations to cooperate – deadlines and force majeure

13.1 Delivery dates and deadlines for the handover of the images intended for Photo Squad 711 are always subject to change and are only binding if they are expressly agreed as a fixed date in individual cases in writing (e-mail is sufficient).

13.2 Compliance with an appointment or a bindingly agreed deadline by Photo Squad 711 requires that Photo Squad 711 has received all information, releases or other contributions to be obtained from the customer, including advance payments due, in a timely manner. If this is not the case or if non-compliance with a deadline is due to circumstances for which Photo Squad 711 is not responsible, the deadline is extended at least for the period in which these circumstances existed.

13.3 Force majeure, unavoidable circumstances or other unforeseeable, serious and no-fault events that make the provision of the service significantly more difficult or temporarily impossible, entitle the respective party to postpone the performance of the service for the duration of the hindrance and a reasonable start-up time.

14 Remuneration modalities – usage fees

14.1 Billing is based on the fees stated in the respective offer from Photo Squad 711. The prices stated in each case are exclusive of sales tax due to the application of the small business regulation in accordance with Section 19 of the Sales Tax Act.

14.2 Other costs such as travel costs, accommodation costs, expenses, material and laboratory costs are not included in the fee and must be borne additionally by the customer. The costs are calculated as follows:

• Travel costs of €0.99 / per kilometer or part thereof - for journeys of more than 10 km from the location of Foto Squad 711
• Accommodation costs

14.3 The customer is not entitled to assert or set off a right of retention against Photo Squad 711's payment claims; unless these are undisputed or stated counterclaims from the customer.

14.4 If the customer uses Photo Squad 711's services to a greater extent than was intended at the time of conclusion of the contract, so that the agreed remuneration is noticeably disproportionate to the income and benefits from the use of the services, the customer is obliged to make a change upon request of the contract, which grants Photo Squad 711 appropriate remuneration under the circumstances.

15 Invoicing, retention of title

15.1 Photo Squad 711 is entitled to charge an advance payment of 50% of the agreed or expected remuneration after the order has been placed. Furthermore, Photo Squad 711 is entitled to invoice the customer for advance payments for partial services already provided.

15.2 Invoicing by Photo Squad 711 occurs after partial or full service has been provided.

15.3 Invoices must be paid immediately and without deductions. The client is in default if he does not pay due invoices no later than 30 (in words: thirty) days after receipt of an invoice or equivalent request for payment. Foto Squad 711 reserves the right to bring about the default by issuing a reminder at an earlier date after the due date. Without prejudice to any other claims, Photo Squad 711 is entitled to claim default interest in the amount of the relevant paragraph of Section 288 of the German Civil Code (BGB).

15.4 Until the order has been paid in full, Photo Squad 711 reserves all ownership rights and rights of use to the work results, products or other services already provided to the customer.

16 Transfer of the contract

Photo Squad 711 is entitled to engage subcontractors in its own name to provide the agreed services or parts thereof, without the customer's separate consent being required. The liability of Photo Squad 711 for the services remains unaffected

17 Confidentiality

The contractual partners will maintain secrecy about all information that is to be treated as confidential and which they become aware of as part of the contractual relationship and will only use this information towards third parties with the prior written agreement of the other party.

18 Liability of Photo Squad 711 and statute of limitations

18.1 Photo Squad 711 is liable to the customer for damages only in cases of intent or gross negligence, except in cases of injury to body, life or health and in the event of a breach of main service obligations.

18.2 Otherwise, Photo Squad 711's liability is limited to contract-typical and foreseeable damages. Reimbursement of foreseeable, typically occurring damage is also limited to a maximum of five times the amount of the order. Liability for indirect damages is excluded.

18.3 Every photographer has his or her own artistic style. The customer can get an idea of this and express their own wishes in advance on the website and from Photo Squad 711 and in the preliminary discussion. The artistic and technical design is the sole responsibility of Photo Squad 711. If the customer subsequently does not agree with the technical and/or artistic design, this does not constitute a material defect within the meaning of § 434 BGB or § 633 BGB.

18.4 Photo Squad 711 is not liable for any infringement of the rights of persons or things depicted - unless there is a corresponding written property release.

18.5 Photo Squad 711 is not liable for third-party claims for damages against the customer arising from the connection between images and text created by Photo Squad 711. The representation of images in a specific context is the sole responsibility of the customer.

18.6 If a claim is made against Photo Squad 711 by third parties for injunctive relief or damages based on edited images provided by the customer, the customer shall release Photo Squad 711 from liability and reimburse Photo Squad 711 for all expenses incurred in legal defense. Photo Squad 711's claim to remuneration remains unaffected by this.

18.7 For damage to documents provided to Photo Squad 711 by the customer, in particular photographs, films, data, etc., Photo Squad 711's liability is limited to the material value of the information provided. Photo Squad 711 is only liable for the loss of data if the liability requirements are met and the loss could not have been avoided through appropriate data backup measures by the customer.

18.8 Photo Squad 711 is not liable for the availability or correct functioning of infrastructures, software or transmission channels on the Internet that are not the responsibility of Photo Squad 711.

18.9 All claims for warranty for defects by merchants against Photo Squad 711 expire - except in cases of intent - after a period of one year, unless a shorter statutory limitation period applies.

18.10 All claims for warranty for defects by consumers against Photo Squad 711 - except in the case of intent - expire after a period of two years, unless a shorter statutory limitation period applies.

18.11 The above limitations of liability apply accordingly to employees or legal representatives of Photo Squad 711 as well as third parties engaged by Photo Squad 711.

19 Storage of negatives and liability for image quality

19.1 Photo Squad 711 may store the negatives for up to 3 years if it has obtained consent for this. You are then obliged to delete them irrevocably.

19.2 Photo Squad 711 is only liable for light resistance and the quality of material to the extent that the manufacturer offers a corresponding guarantee for the product.

20 Damages and contractual penalty

20.1 If the author is not identified or incorrectly identified or the label is placed incorrectly, the customer is obliged to pay a surcharge of 100% on top of the agreed usage fee or a usual usage fee to Photo Squad 711.

20.2 Subject to further claims for damages, the customer is liable for a contractual penalty of four times the agreed amount for each case of unauthorized disclosure to third parties (without the written consent of Photo Squad 711), unauthorized falsification and editing, publication, use of the image material by the customer or a third party or usual usage fee has to be paid.

21 Severability clause, place of jurisdiction and place of performance

21.1 If any provision of these terms and conditions is wholly or partially ineffective or unenforceable, this will not affect the effectiveness and enforceability of the other provisions. The invalid or unenforceable provision is to be deemed to be replaced by an effective or enforceable provision that comes closest to the purpose of the invalid or unenforceable provision.

21.2 Photo Squad 711 does not take part in a dispute resolution procedure before a consumer arbitration board.

21.3 Place of performance is Rostock. If both parties are merchants within the meaning of the German Commercial Code (HGB), the place of jurisdiction for all disputes arising from the contractual relationship between the parties is also Rostock.

21.4 The law of the Federal Republic of Germany applies, excluding international private law and the UN Convention on Contracts for the International Sale of Goods, which has been incorporated into German law

a) the customer has his habitual residence in Germany, or

b) the customer has his habitual residence in a country that is not a member of the European Union.

21.5 If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) and has his habitual residence in a member state of the European Union, German law also applies, although mandatory provisions of the country in which the customer has his habitual residence remain unaffected.