Terms&Conditions

Definition:

“The Photographer” Ben Hämmerle and “The Customer” means any person, corporation of persons, firm or firm with whom the Photographer enters into a contract for the sale of goods or the provision of services by the Photographer.

 

Acceptance of terms and conditions:

All contracts and transactions between the photographer and the client, whether oral or written, are subject to these terms and conditions, which are considered to be included in a contract between the photographer and all or one of his clients.

 

Copyright and property rights in accordance with copyright:

The copyright of all images created by the photographer is owned by the photographer. Unless the photographer grants written permission, the client is legally prohibited from copying all images created by the photographer and agrees that all photographic reprints, digital reproductions or copies of any kind made from images of the photographer may only be carried out by the photographer . The license to reproduce such images is granted to the customer on the condition that all invoices are paid within the terms of payment given by the customer.

 

Reproduction rights (whether and when granted) are strictly limited to the use indicated on the photographer's invoice and / or quote. An agreement must be reached with the photographer before the images are used for any other purpose or after the license to use it has expired. The photographer reserves the right to charge an additional fee if the photos are used for purposes other than those listed on the photographer's invoice and / or quote. If the customer wants to own the copyright of the images created by the photographer, the client pays an additional fee to the photographer to transfer the copyright. This fee is mutually agreed by both parties. The transfer of the copyright is only valid after full payment. In cases in which the client requests copies of the media it has supplied, all work is carried out on the assumption that the client has received written permission from the legal copyright holder for copies. The photographer can contact the copyright owner of the image to confirm that permission has been given to copy the image. The customer undertakes to fully compensate the photographer with regard to claims or damages or any costs resulting from the violation of copyright infringements and violation of personal rights by third parties. All original negatives, transparencies, and digital files created by the photographer remain the property of the photographer. The photographer ensures that all these materials are kept safe for the customer and made available for future reproductions for the respective fee. The photographer reserves the right to create reproductions of images that were created during the assignment for marketing, promotion, competition and editorial purposes.

 

Sharing photos online by the customer (i.e. Facebook, blog, or other online channels) is prohibited unless the photographer's company name, Facebook page, and / or website is tagged or mentioned with the image.

Mentions can be as follows:

 

Print media Tags:

© benhaemmerle.com, Ben Haemmerle Photography

Instagram: benhaemmerlephoto

Facebook: benhaemmerlephoto

Web: benhaemmerle.com

 

Cancellation fees / overruns:

If a booking is canceled by the customer within one working day of the start time, the photographer reserves the right to charge his full fee for the assignment. If a booking is canceled within two working days of the start time, the photographer may charge 50% of their fee. In the event of cancellations / postponements due to weather conditions, the photographer reserves the right to charge his full fees and costs due to the local weather conditions. In such cases, the photographer can fully cover his expenses (e.g. including, but not limited to, rental of specialist equipment, props, model fees, etc.) that he may have incurred before or during the assignment To invoice. The photographer can charge additional fees should additional expenses arise that are beyond the control of the photographer. (e.g. including, but not limited to, the client requesting additional photos beyond the original agreement with the client). Conceptual services (advice, layout, other graphic services, etc.) are not included in the admission fee. The same applies to an above-average organizational effort or such a meeting effort.

 

Terms of payment, interest on arrears:

Invoices are payable no later than 14 days after receipt of the invoice without any deductions and free of charge. Payment is made in the form selected by the customer (prepayment, instant transfer, on account or delivery note, via PayPal, etc.). In the case of orders that are performed in partial sections, we are entitled to invoice each individual unit or service after delivery. Payments by the client are only deemed to have been made when they are received on our business account. In the event of default in payment, we are entitled from the due date to charge default interest of 8% above the base rate in addition to the statutory € 40 reminder fee for companies. We reserve the right to make further claims, in particular the right to higher interest from the title of compensation. Failure to comply with the agreed payments entitles us to stop ongoing work and withdraw from the contract.

 

Retention of title:

The photographer reserves the right to retain all client materials in his possession until all monies owed to the photographer have been paid in full. In addition, the license to reproduce images created by the photographer is revoked until payment has been made.

 

Fees and costs:

All prices quoted to the customer apply only to the original one

Job description and specifications given to the photographer by the customer. The Photographer reserves the right to impose additional charges for fees and charges in the event that these descriptions or specifications vary or change prior to or during the assignment. Wherever possible, the photographer will endeavor to provide an indication of what these additional fees will be.

 

Sizes and color matching:

While every effort will be made to meet customer requirements, all sizes quoted by the photographer are approximate. The customer must inform the photographer on occasions when precise sizing is critical.

 

Delay in delivery / loss and damage in transit:

While every effort will be made to meet customer requirements, all sizes quoted by the photographer are approximate. The customer must inform the photographer about orders in which an exact size adjustment is crucial. Delivery defects / loss and damage in transit: Claims for damages, damages or defects will not be considered unless they are reported in writing within seven days of delivery. The photographer will endeavor to ensure that the items delivered by a third party are suitably packaged for transit. The photographer cannot accept any liability for loss or damage to a third party. The customer should take out appropriate insurance for valuable items. Upon written request, the photographer will provide adequate damage / damage coverage for an additional fee.

 

Confidentiality:

The photographer admits that in the performance of the services he can receive information from the customer, which is designated as confidential by the customer. At the request of the client, the photographer undertakes to keep this information secret and not to pass this information on to third parties, unless this is required by law.

 

Behavior:

The client is responsible for the conduct of the accompanying persons. The photographer reserves the right to terminate any assignment without prior notice if he considers customer behavior to be inappropriate or unsafe. In this case, the photographer reserves the right to charge his full fees and costs as described in section 4 of these terms and conditions. The customer will fully refund the photographer or his agent for any loss / damage they cause to property or equipment.

 

Storage:

After 6 months from the session, Ben Haemmerle Photography is no longer responsible for storing your image files. Longer term storage can be purchased for an annual fee.

 

Prices & Conditions:

All prices shown in the photographer's price list are subject to change without notice. The photographer reserves the right to change these terms and conditions without prior notice.

 

Express service:

The photographer reserves the right to charge an additional fee if the customer requests an express service. This service is subject to availability and cannot be guaranteed.