The following Terms and Conditions is based on the above German “Allgemeine Geschäftsbedingungen”, and was translated with the help of internet translation services. The translation at hand serves to provide non-German speakers with an overview of Kajade Photography’s Terms and Conditions. Please be aware that the following translation is not legally binding but only the original in German language.


TERMS AND CONDITIONS

I. General Terms
1) The following terms and conditions, valid for Kajade Photography, Ka Yee Kowalski, Friedhofstraße 11, 76887 Bad Bergzabern, Rhineland Palatinate, Germany are deemed agreed to if they are not objected immediately. Deviating terms and conditions must be in writing and will not become part of the contract even if the photographer does not expressly object.
2) The products referred to as photographs within the meaning of these terms and conditions include all products created by Kajade Photography, regardless of the analogue or digital form they are in, regardless of the medium in which they were created or are available, regardless of whether it is a photograph or a graphic work of any other form, and whether it is moveable or not.


II. Copyright and Rights of Use
1) The photographer is entitled to the copyright to the photographs in accordance with the German Copyright Act.
2) The photographs taken by Kajade Photography are only intended for the client's own use. Reproduction and transfer to third parties is permitted for private purposes only. Non-private, commercial, or public use and reproduction are not permitted unless expressly authorized in writing. Ownership rights are not transferred.
3) Unless expressly agreed otherwise, if Kajade Photography transfers the rights of use, only the simple right of use of the works will be transferred (German law “einfaches Nutzungsrecht”). To be able to pass on the rights of use effectively, a special agreement is always required. No rights of use are transferred for works that are only given to the client for selection, viewing or testing and that are not handed over in accordance with the contract.
4) Only after full payment of the fee to the photographer do the rights of use pass to the client.
5) Within the meaning of § 60 UrhG (Act on Copyright and Related Rights), a photograph may only be reproduced and distributed by the client if the corresponding rights of use have been transferred. § 60 UrhG is expressly waived.
6) Unless otherwise requested, the photographer can request to be named as the author of the photograph in accordance with the copyright notice pursuant to § 13 UrhG. If the client violates the right to be named, he or she is obliged to pay a contractual penalty of 100% of the agreed remuneration. This does not affect the right of the photographer to claim higher damages if a specific damage calculation results in a higher damage.
7) The editing of the photographer's works e.g., through digital or analogue manipulation, is not permitted, nor is duplication and distribution, unless this has been expressly agreed between the photographer and the client.
8) Negatives and/or original files remain with the photographer.
9) Irrespective of the transferred rights of use, the photographer remains entitled to use the works for self-promotion. In accordance with the photographer’s data protection agreement, recognizable persons are only publicly reproduced with their consent.


III. Remuneration, Retention of Title
1) Cost estimates by the photographer are non-binding. The photographer reserves all rights of use and distribution of cost estimates, plans, graphics, schedules, and all other documents that she has created. All aforementioned documents must be returned to the photographer immediately if the order is not placed and may not be made accessible to third parties.
2) A flat rate or an hourly or daily rate is agreed to produce the works. All additional costs are borne by the client, such as travel costs, expenses, studio rentals, data carriers, accessories, props, etc.
3) Unless otherwise agreed in writing, a deposit of 40% of the agreed fee is due upon conclusion of the contract. The remaining fee must be paid by the client before the photographs are handed over.
4) Before the pictures are handed over, customers receive an invoice that must be paid immediately without any deductions. If no payment is registered within 14 days of receipt of the invoice, the client will be in default with a reminder. Default interest amounts to 10% p.a. of the fee. Offsetting or the exercise of the right of retention is only permissible against undisputed or legally established claims of the customer. Dunning fees and all costs, including extrajudicial interventions by a lawyer, shall be borne by the client.
The pictures will be handed over at latest 7 working days after the full fee and, if applicable, all additional costs such as interests, were paid.
5) The supplied photographs and, if applicable, all data carriers etc. remain their property of the photographer until all claims to which the photographer is entitled from the business relationship have been paid in full.
6) Complaints regarding the conception of the image as well as the artistic-technical design, are excluded if the customer has not given the photographer explicit instructions in writing regarding the design of the photographs to which the photographer has agreed. If the client requests changes during the ongoing process, the additional costs must be borne by her or him, while the photographer retains the right to remuneration for work that has already begun.
7) Compared to digital photography, there may be colour deviations in photo prints. Since different monitors and screens use different calibration and colour settings, this does not constitute a reason for complaint.
8) In the case of repeat orders, enlargements and reproductions, colour differences compared to the original images cannot be ruled out. However, these are complex technical processes, that cannot be regarded as a defect of the work and therefore does not justify a complaint.
9) All content explicitly requested by the client, such as filters, perspectives or image composition used, only entitle a complaint to be made if these were documented before the photo shoot and confirmed in writing by both parties.
10) The photographer can store analogue negatives or digital data of the finished works made available to the client in accordance with the contract but is not obliged to do so. It is possible for the photographer to save or store the photographs of a customer, but this must be expressly agreed and paid for separately.


IV. Liability
1) For the violation of obligations that are not directly related to essential contractual obligations, the photographer is only liable for herself and her vicarious agents in the case of intent and gross negligence. She is also liable for damage resulting from injury to life, limb or health, as well as from the breach of essential contractual obligations, which she or her vicarious agents have caused through culpable breaches of duty. The photographer is only liable for damage to objects, templates, films, displays etc. or data only in the event of intent and gross negligence. In the event of loss or damage to images or recording media, the obligation to pay compensation is limited to the creation of new recordings. Further claims (e.g., for wedding photos or events) do not apply. Objects handed over by the photographer must be protected by the client against damage, loss, theft, and fire.
2) The photographer is only liable for the light resistance and durability of photographs within the framework of the guarantee provided by the manufacturer of the photographic material.
3) Works, templates, and other data carriers are sent and returned at the expense and risk of the customer.


V. Ancillary Duties
1) If the client commissions another professional photographer for a photo shoot or event for which Kajade Photography was also commissioned, the photographer must be informed promptly, including the contact information of the other photographer, for the purpose of coordination and agreement, but no later than 5 working days before the photo shoot date.
2) The client assures that she or he owns the rights for reproduction, processing and distribution of all works handed over to the photographer; this applies in the same way to the consent of persons depicted. The client indemnifies the photographer from all claims for compensation by third parties based on the violation of this obligation.
3) Objects that are made available by the client for photo shoots must be made available by the client on time and picked up again immediately after the photo shoot. If the objects to be photographed are not picked up no later than two working days after the photographer's request, the photographer is entitled to charge storage costs or, if her studio space is blocked, to remove or store the objects at the expense of the client. Please note that 14 days after the request, the risk of accidental loss or damage passes to the client.


VI. Default, Cancellation Fee, Compensation
1) Schedules and delivery dates are only binding if the photographer confirms them in writing.
2) If the time provided for the execution of the order is significantly exceeded for reasons for which the photographer is not responsible, the photographer's fee increases accordingly if a flat rate was agreed. The photographer also receives the agreed hourly or daily rate for waiting times if the client cannot prove that the photographer suffered less damage. The photographer can claim further damages if the customer is responsible for the delay.
3) If the photographer is not named when a picture is published by a commercial client, the commercial client must pay damages in the amount of the agreed fee. If nothing has been agreed, the amount is based on the usual usage fee, but at least €300 per image and individual case.
4) Unless otherwise agreed in writing, if the client uses a work of the photographer without authorization, changes it, redesigns it, or passes it on, the client must pay damages in the amount of twice the agreed fee for this use. If nothing has been agreed, the amount is based on the usual usage fee, but at least €300 per image and individual case.
5) If the client cancels the order before the start of execution without the photographer being at fault for this, the client must pay the photographer 40% of the total order amount as damages for wedding shoots and commercial shoots, or 25% for all other photo shootings. Deposits already made will be retained or offset.
6) Order cancellations are only effective in writing.
7) Regarding points 3, 4 and 5, the photographer reserves the right to assert further damages, the client reserves the right to prove lower actual damages.


VII. Data Privacy
The data protection regulations are based on the applicable data privacy statement which can be viewed here: www.kajade.de/recht/datenschutzerklärung


VIII. Final Provisions
If both contracting parties are merchants or the customer is a legal entity under public law or a special fund under public law, the place of jurisdiction is agreed to be the place of business of the photographer.
Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the contract proves to be incomplete.

August 2024