top of page

General Terms and Conditions of Photographer Catherine Lieser

1. validity of the terms of business


1.1 Scope of application
The production of photographs, films and videos (hereinafter referred to as "Photographs") and the granting of licenses to existing Photographs shall be based exclusively on the following terms and conditions. These terms and conditions shall also apply to all future production and licensing agreements, unless otherwise expressly agreed. These terms and conditions shall apply from 01.11.2022. All previous terms and conditions shall lose their validity from this date.

1.2 Foreign GTC
Any terms and conditions of business of the customer that deviate from these General Terms and Conditions shall not be valid unless they are declared in writing within three working days of receipt of these General Terms and Conditions and are also acknowledged in writing by the photographer.

2. production orders
Production orders involve the production of Photographs by the Photographer on behalf of the Client.

2.1 Cost estimate
The Photographer's cost estimates shall not be binding and shall be valid for 30 days. The date of the KVA shall apply. The Photographer shall only be required to notify the Client of any increase in costs if the total costs originally estimated are expected to be exceeded by more than 15%.

2.2 Authorization to commission third parties
If the services of a third party have to be used for the processing of the order or if any other contract has to be concluded with a third party, the Photographer shall be authorized to enter into the corresponding obligations on behalf of and for the account of the Client.

2.3 Briefing
The Client's Briefing shall form the basis for the Photographs and calculations to be prepared by the Photographer. The Client must provide the Photographer with a complete, conclusive and written briefing (e.g. in the form of written minutes of a meeting, by e-mail, etc.). In the event that the Client does not provide the Photographer with a written briefing, the Pre-Production Meeting (PPM), the previous e-mail correspondence between the Client and the Photographer, and the Photographer's memorial minutes of the PPM and telephone notes shall form the basis for the production of the Photographs.

2.4 Artistic scope
The photographer shall have artistic freedom in the production of the photographs, although the customer's binding specifications from the briefing, PPM and/or verbal or telephone instructions must be observed. Complaints and/or notices of defects with regard to the artistic freedom exercised by the Photographer are excluded. Subsequent requests for changes on the part of the Client shall require a separate agreement and shall be remunerated separately.

2.5 Notification of defects
If the Client himself/herself or a person authorized by him/her is present during the production of the Photographs, the Client must examine the Photographs while they are still on the set and notify the Photographer of any defects without delay so that the Photographer can rectify the defect and produce new Photographs. If no notice of defects is given, the photographs shall be deemed to have been approved and accepted. If neither the Client nor a person authorized by the Client is present during the production of the Photographs, the Photographer shall send the Photographs to the Client after they have been produced. The latter shall immediately inspect the Photographs submitted for any defects. If, in the opinion of the Client, the Photographs are defective, the Client shall notify the Photographer in writing of the defectiveness without delay, but no later than 14 days after receipt of the Photographs, and shall specify at least one defect. In this case, the customer may refuse acceptance. After expiry of this period, the Photographs shall be deemed to have been accepted by the Client (Section 640 (2) of the German Civil Code).

2.6 Availability
If the customer or a person authorized by him/her is not present during the production of the Photographs, the customer shall ensure that he/she or a person authorized by him/her can be reached by the photographer at all times, at least by telephone and by electronic communication media (e.g. e-mail, SMS, etc.), for the purpose of making short-term arrangements and decisions.

2.7 Obligations of the customer to cooperate
Insofar as the Client is required to supply information, items (e.g. products, goods, etc.), releases, etc. necessary for the production of the Photographs or is responsible for other tasks relevant to the production of the Photographs (e.g. booking of models, locations or catering, etc.), the Client shall ensure that delivery, provision, access to locations, travel of models, etc. takes place in good time so that the Production of the Photographs can commence punctually on the agreed date.

2.8 Obtaining releases
Unless otherwise agreed in an individual contract, the customer shall be obliged, in the case of photographs of persons and objects in which third-party copyrights, property rights or other third-party rights exist, to obtain the consent of the persons depicted and the rights holders required for the production and use of the images in accordance with the German Art Copyright Act (KUG), the German Data Protection Regulation (DSGVO) and any other statutory provisions. In this case, the customer shall indemnify the photographer against any claims for compensation by third parties resulting from the breach of this obligation. The obligation to indemnify shall not apply if the customer proves that he/she is not at fault. The above provision shall also apply if the Photographer selects the persons or objects to be photographed herself, provided that she to be photographed herself/himself, provided that she/he informs the customer of the selection made in sufficient time to enable the customer to obtain the necessary necessary declarations of consent or to select and make available other suitable persons or objects for the and make them available.

2.9 Delivered objects
The Photographer may proceed as follows with the objects supplied by the Client for the Production: If the items supplied by the customer are perishable goods (e.g. foodstuffs), they will be disposed of by the photographer after completion of the production. If the items supplied by the Client are non-perishable items (e.g. clothing, etc.), they will be returned to the Client at the Client's expense after the end of the production.

2.10 Image selection
The Photographer shall select the Photographs to be submitted to the Customer for approval upon completion of the Production. Rights of use shall be granted, subject to payment in full, only to the Photographs which the customer accepts as being in accordance with the contract.


3.Termination/Production Fee/Auxiliary Costs/Invoicing

3.1 Termination
Both parties may terminate the order in accordance with the statutory provisions.

3.2 Time overrun
If the time allotted for the shooting work is exceeded for reasons for which the Photographer is not responsible, an agreed flat fee shall be increased accordingly. If a time-based fee has been agreed, the photographer shall also receive the agreed hourly or daily rate for the time by which the photographic work is extended.

3.3 Additional services and additional work
Additional services and work going beyond the contractually agreed scope, in particular the preparation of of pictures beyond the scope stipulated at the beginning of the contract, shall be remunerated separately on a time basis.

3.4 Additional costs
In addition to the fee owed, the Client shall reimburse the Photographer for any ancillary expenses incurred by the Photographer in connection with in connection with the execution of the order (e.g. for digital image processing, models, make-up artists, travel, etc.), stylists, travel, etc.).

3.5 Due date of the fee / advance on costs
The production fee is due upon delivery of the photographs. If a production is delivered in parts, the the corresponding partial fee is due upon delivery of a part. If the execution of an order extends over a longer over a longer period of time, the photographer may demand partial payments in accordance with the amount of work work performed. Any ancillary costs shall be reimbursed as soon as they have been incurred by the Photographer. In addition, the Photographer shall be entitled to demand advances on costs in a reasonable amount.

3.6 Transfer of rights of use
The customer shall not acquire the rights of use to the Photographs under copyright law until the fee has been paid in full and the payment of the fee and the reimbursement of all additional costs.

3.7 Electronic invoicing
The Photographer shall be entitled to issue her invoice in electronic form and to send it to the Customer (§ 14 UStG). The Client agrees to electronic invoicing and electronic invoice delivery.

3.8 Cancellation
In case of cancellation of the order 48 hours before the start of the order, 50% of the fees and 100% of the third-party costs will be charged. The weather risk is borne by the customer.

4. archive material
Archival Material shall be Photographs that are in the Photographer's archive and to which the Photographer grants the Customer the customer to the extent agreed upon in each case.

4.1 Viewing Material
Photographs requested by the customer from the photographer's archive shall only be made available for viewing and selection. and selection. No rights of use are transferred with the provision of the Photographs for viewing and selection. Each use requires the prior written consent of the photographer. The use of the photographs as templates for sketches or for layout purposes, as well as the presentation to third parties, is already a chargeable use.

4.2 License fee
For the granting of rights of use to the Photographs from the Photographer's archive, the contractually agreed license fee shall be paid. If a license fee has not been expressly agreed by contract, the amount the license fee to be paid by the customer shall be determined in accordance with the current fees of the image fees of the Mittelstandsgemeinschaft Fotomarketing (MFM).

5. rights of use


5.1 Individual granting of rights of use/own advertising
The customer shall only acquire rights of use to the photographs to the extent stipulated in the contract. Property rights shall not be transferred. Irrespective of the scope of the rights of use granted in the individual case the Photographer shall be entitled to use the Photographs for her own advertising purposes.

5.2 No further transfer to third parties
The transfer and/or granting of the rights of use acquired by the customer to third parties, even if companies affiliated with the Group, subsidiaries, sales partners of the customer or other editorial offices of a publishing company or other editorial departments of a publishing house shall require the Photographer's prior written consent. The Photographer shall be entitled to make the granting of consent to the planned third-party use dependent on the payment of an appropriate license fee.

5.3 No editing
As a matter of principle, the Photographs may only be used in their original version. Any modification or alteration (e.g. montage, photo-technical alienation, coloring) and any change in the reproduction of the image (e.g. publication in (e.g. publication in extracts) requires the prior consent of the photographer. Excluded from this is the elimination of unwanted blurring or color weaknesses by means of digital retouching.

5.4 Naming the author
The photographer must be named as the author of every image published. The naming must take place with the picture.

6. image data / digital image processing

6.1 Data transfer/data format
The photographer shall hand over to the customer the selected photographs as well as the associated data, files
and data carriers (photographic material) after completion of the order. The parties shall determine the data format
by mutual agreement. If no agreement is reached, the photographer may determine a suitable data format and select a suitable data select a suitable data carrier. The Photographer shall not be obliged to archive the Photographs that are the subject of the Agreement on her own data carriers and shall not assume any guarantee for the availability of the Recording Material, after the photographic material has been handed over to the customer.

6.2 Digital transfer
The transfer of digital recordings by means of remote data transmission or on data carriers shall only be permissible
insofar as the exercise of the rights of use granted requires this form of duplication and distribution.

6.3 Archiving
The recordings may only be digitally archived for the customer's own purposes and only for the duration of the right of use. digitally archived. The storage of the recordings in online databases or other digital archives that are accessible to third parties which are accessible to third parties, requires a separate agreement between the photographer and the customer. Upon request, the photographs can be archived by the photographer for up to one year.

6.4 Image data
The EXIF, IPTC and/or XMP data contained in the files of the photographs may neither be changed nor removed by the customer. changed or removed by the customer. The customer shall ensure by suitable technical means that this data is preserved during each data transfer, during each transfer of the image data to other data carriers, during each reproduction on a screen and during each public reproduction. as well as in the case of any public reproduction.

7. Liability and compensation

7.1 Scope of liability
The Photographer shall only be liable for damage caused by her or her vicarious agents intentionally or through gross negligence. intentional or grossly negligent. This shall not apply to damage arising from the breach of a contractual obligation which is of material of the contract (cardinal obligation), as well as damages from the injury of the life, the body or the health, body or health, for which the Photographer shall also be liable in the event of slight negligence.

7.2 Exclusion of liability for third-party services
If the Photographer concludes a contract with a third party on behalf of and for the account of the Client on the basis of a corresponding power of attorney, the Photographer shall be liable for the third parties on behalf of and for the account of the customer, she shall not be liable for the services and results of the and companies.

7.3 Exclusion of liability for the use of the Photographs
The Photographer shall not be liable for the way in which her Photographs are used. In particular, she shall not be liable for the the admissibility of the use under competition and trademark law.

7.4 Limitation
Any claims by the Client arising from a breach of duty by the Photographer or her vicarious agents shall become statute-barred shall become statute-barred one year after the statutory commencement of the limitation period. Excluded from this are claims for damages claims for damages based on an intentional or grossly negligent breach of duty by the photographer or her and claims for damages on account of injury to life, limb or health, even if they are based on a slight health, also insofar as they are based on a slightly negligent breach of duty on the part of the photographer or her vicarious agents. The statutory limitation periods shall apply to these claims for damages.

7.5 Contractual penalty in the event of infringement of rights of use
In the event of unauthorized use, unauthorized exceeding of the rights of use, unauthorized alteration or transformation
or transfer of a picture to third parties by the customer, the photographer shall be entitled to impose a contractual penalty in the amount of 200 % of the agreed fee or - in the absence of an agreement - of the usual fee for use, but at least 500 € per picture and individual case. The assertion of a further claim for damages shall remain
remains unaffected by this.

7.6 Contractual penalty in the event of missing/incorrect naming of the copyright holder
If the photographer is not named in the publication of an image (Section 5.4), or if the name of the photographer is not permanently linked to the digital image (Section 5.4), the photographer shall be liable for damages. is not permanently linked to the digital image (Item 6.3), the customer shall be liable to pay a contractual penalty in the amount of of 100 % of the agreed fee or, in the absence of an agreement, of the customary usage fee, but at least 200 € per picture and individual case. The Photographer also reserves the right to assert a further claim for damages in this respect. claim for damages.

8. value added tax, artists' social security contributions
In addition to the fees, charges and costs to be paid by the customer, the value added tax and the artists' social security tax and the social security contribution for artists, which may be incurred by the Photographer for third-party services, in the respective statutory amount.

9. statute and place of jurisdiction
The law of the Federal Republic of Germany shall apply. In the event that the customer does not have a general place of jurisdiction in the Federal Republic of Germany or has or if he/she moves his/her domicile or habitual residence abroad after the conclusion of the contract, the domicile of the of the Photographer shall be agreed as the place of jurisdiction.

bottom of page