1.1 These GTC apply to all contracts between Lukas Mische Medien- & Werbeproduktion (hereinafter “Contractor”) and the Client for the production of photographic and film content in the context of events, in particular weddings.

2.1 The contract is concluded upon acceptance of the Contractor's offer by the Client.

2.2 Amendments and additions to the contract require a separate written agreement.

3.1 The contractor remains the author of all works created by him.

3.2 Use for private purposes is permitted.

3.3 Commercial or industrial use (e.g. for advertising, a company's website, social media, etc.) is only permitted if this has been expressly agreed as part of the order.

3.4 The copyrights shall remain with the Contractor in all cases.

3.5 Changes or editing of the video and photo recordings created within the scope of this order, in particular to titles, copyright designations (Section 10 (1) UrhG) as well as to content or design elements, may not be made without the express prior written consent of the copyright holder (Section 39 UrhG). Editing, redesigning or otherwise altering the works is prohibited without the consent of the copyright holder in accordance with Section 39 UrhG. The client expressly grants no consent to the editing or creation of independent new works on the basis of the video and photo recordings supplied, and the author reserves the right to assert claims for injunctive relief and damages in the event of violations of this provision. Further rights are expressly reserved.

4.1 The scope of services is set out in the individually concluded contract.

4.2 The client undertakes to provide all information required for the execution of the order in good time.

5.1 The prices agreed in the contract shall apply.

5.2 Payments are due without deduction within 7 days of receipt of the invoice.

5.3 In the event of default in payment, the Contractor shall be entitled to demand default interest at the statutory rate and the costs incurred by it.

6.1 Should there be a postponement of the production date, the parties may make a side agreement in writing to postpone the contractual relationship. In the event of a postponement of the production date, either party shall be entitled to withdraw from the contractual relationship.

7.1 The client may cancel the contract at any time.

7.2 In the event of cancellation by the Client, the following cancellation fees shall apply:

-Up to 90 days before the event date: 50% of the agreed remuneration

-Up to 60 days before the event date: 75% of the agreed remuneration

-From 30 days before the event date: 100% of the agreed remuneration

The Client reserves the right to prove that the Contractor has incurred less damage. The Contractor reserves the right to prove that a higher loss has been incurred.

7.3 Cancellation must be made in writing.

8.1 The Contractor shall deliver the final works (photos/videos) in digital form, unless otherwise agreed.

8.2 Minor deviations in color, image style or artistic design shall not constitute a defect.

8.3 Raw data (e.g. unedited video recordings or RAW files) shall only be released if expressly agreed in writing and shall be remunerated separately.

8.4 Requests for additional processing or changes that go beyond the agreed service shall be remunerated separately.

8.5 If files are transmitted via the Internet, the client shall bear the risk of data loss from the time they are made available on the server or transmitted via a download link.

8.6 The risk and costs for the transportation and transmission of data carriers and files by parcel shall be borne by the client or the commissioned supplier from the time of handover to the transport company. The contractor accepts no liability for the loss of or damage to data during transportation, except in the case of intent or gross negligence.

8.7 The method of transmission shall be determined by the Contractor or its subcontractors at their own discretion.

8.8 Complaints of any kind must be received by the Contractor in text form (e.g. e-mail) within seven (7) calendar days of delivery of the photos/videos, specifying the defects. After expiry of this period, the delivered works shall be deemed to have been accepted in accordance with the contract and free of defects. Complaints that only insignificantly impair the contractual use of the delivery shall not entitle the customer to refuse acceptance. Exceeding or falling short of the production time agreed in the production order by up to five percent (5%) shall not be deemed a defect and shall not entitle the customer to refuse acceptance.

8.9 If photos or videos were initially delivered with watermarks and the Contractor removes these at the Client's request, the photos or videos in question shall be deemed to have been accepted at the latest upon removal of the watermark.

8.10 The photos shall also be made available via the website “www.scrappbook.de” for a period of 182 days from the date of creation of the online gallery. After expiry of this period, the Contractor shall be entitled to delete the gallery without further notice or to use it for other purposes. The client is responsible for backing up the data. The Contractor shall not be liable for any loss of data that occurs after expiry of the aforementioned period or is attributable to the Client's failure to download and back up the data in good time.

9.1 The client is entitled to one (1) correction with change requests regarding the final processing (photo or video) after the first delivery, provided that these do not fundamentally change the character of the work. Up to 33% of the work may be corrected. Changes to the music in videos are excluded.

9.2 Further change requests or corrections will be charged separately at € 357.00 incl. VAT.

9.3 Retouching of any kind is not part of the Contractor's scope of services and will not be carried out.

10.1 The Contractor shall independently select the images to be handed over to the Client. Unless otherwise agreed in the preliminary discussion.

10.2 If the Client selects the images itself after consultation with the Contractor, it must do so within one week of receiving the images and inform the Contractor of its selection.

10.3 The client shall only be entitled to the return of all raw material taken if this has been expressly agreed in writing.

11.1 Unless otherwise agreed in the contract, the delivered end products shall only include the works specified in the description of the scope of the contract.

11.2 The following graduated prices apply for additional files that go beyond the originally agreed works:

Photos: Each additional photo file: EUR 3.50

-From 100 photos: EUR 3.25 per file

-From 200 photos: EUR 3.00 per file

-From 300 photos: EUR 2.50 per file

-From 400 photos: EUR 2.25 per file

-From 500 photos: EUR 2.00 per file

Videos: Each additional video file (up to 10 files): 12.00 EUR per file

-From 11 video files: 10.00 EUR per file

All prices are inclusive of VAT at the statutory rate.

11.3 Additional requests and associated additional costs must be specified in writing in advance and approved by the client.

11.4 The client may request additional data at a later date, but the corresponding fees must be paid in advance.

12.1 The Contractor shall only be liable for damages caused by intentional or grossly negligent breach of duty. The Contractor's liability shall be limited to the total order value, except in cases of gross negligence or intent.

12.2 Liability for damages due to force majeure (e.g. technical failure, illness) is excluded.

12.3 The Contractor shall only be liable for damage to or loss of digital image data/video material in the event of intent or gross negligence. Liability for slight negligence is excluded. The Contractor's liability shall in any case be limited to the agreed total amount of the order, irrespective of the number of cases of damage that occur.

12.4 The Contractor's liability for damage, defects or loss caused by subcontractors or suppliers who provide their services on their own account and in their own name is expressly excluded. However, the Contractor is obliged to exercise care in the selection of subcontractors.

12.5 If the Contractor or its subcontractors are unable to appear on the agreed production date or arrive late due to circumstances for which the Contractor is not responsible, such as illness, accident, force majeure, unforeseeable traffic disruptions or other unforeseeable events, the Contractor shall not be liable for any resulting damages or consequences.

13. data protection and consent

13.1 The Contractor shall process the Client's personal data exclusively within the framework of the statutory provisions.

13.2 The client is responsible for ensuring that all persons present at the event are informed about the production and possible publication of photographs and film recordings and that they give their necessary consent. The Contractor shall not be liable for any failure to obtain consent, unless it was aware that no consent had been obtained.

13.3 The Client shall indemnify the Contractor against all claims of third parties that could be asserted in connection with the violation of data protection regulations due to the lack of consent of the persons recorded.

14.1 The Contractor shall be entitled to use the works created within the scope of the order for its own advertising purposes (e.g. portfolio, website, social media, competitions), unless the Client expressly objects to this in writing.

14.2 Any refusal of publication must be communicated in writing before the start of the event.

14.3 Once consent to publication has been granted, it may be revoked by the client at any time. In the event of revocation, the Contractor shall refrain from future publications. Content that has already been published will be deleted at the request of the client, insofar as this is technically possible and reasonable.

14.4 The revocation of consent shall not affect the legality of the publications made prior to the revocation.

15.1 If the Contractor is prevented from carrying out the order due to force majeure (e.g. illness, accident, natural disasters) or other unforeseeable circumstances, the Client shall be informed immediately.

15.2 In this case, an adequate replacement person shall be proposed as far as possible.

15.3 Further claims, in particular for damages, are excluded unless the Contractor is guilty of intent or gross negligence.

16.1 Consumers have the right to revoke this contract within fourteen days without giving reasons in accordance with § 355 BGB.

16.2 However, the right of withdrawal does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services (§ 312g para. 2 no. 9 BGB). Our services, in particular the creation of photo and video recordings at events such as weddings, fall under this exclusion, as they are provided on an individually agreed event day.

16.3 By concluding the contract for such a scheduled service, the contracting parties confirm that they have taken note of and accepted the exclusion of the right of withdrawal.

16.4 No right of withdrawal is granted for companies.

17.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

17.2 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

17.3 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose.

Please also note our data protection provisions: https://mariagemedia.de/datenschutz-en/

Version 2025