1.1

These General Terms and Conditions apply to all contracts between Lukas Mische Media & Advertising Production(hereinafter referred to as “Contractor”) and the Client concerning the production of photographic and cinematic content within the framework of events, particularly weddings.

2.1

The contract is concluded by the Client’s acceptance of the Contractor’s offer.

2.2

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

3.1

The Contractor remains the copyright holder of all works created by him.

3.2

Use for private purposes is permitted.

3.3

Commercial or business use (e.g. for advertising, company websites, company social media, etc.) is only permitted if expressly agreed upon as part of the commission.

3.4

In any case, copyright remains with the Contractor.

3.5

Changes or edits to the video and photo recordings created under this contract—particularly titles, copyright notices (§ 10 para. 1 UrhG), as well as content-related or design elements—may not be made without the express prior written consent of the author (§ 39 UrhG). Editing, transformation, or any other modification of the works is prohibited without the author’s consent in accordance with § 39 UrhG. The Client expressly does not grant consent for the editing or creation of independent new works based on the delivered video and photo recordings. In the event of a violation of this provision, the author reserves the right to assert claims for injunction and damages. Further rights are expressly reserved.

4.1

The scope of services results from the individually concluded contract.

4.2

The Client undertakes to provide all information required for the execution of the assignment in good time.

4.3

If no fixed working hours are defined in the contract, the Contractor will accompany the event without a precisely set hourly limitation. The goal is to comprehensively document all essential aspects of the production. To maintain an organizationally and economically reasonable framework, a maximum working duration of 14 consecutive hours is deemed agreed in such cases. Any extension beyond this is possible by agreement and will be charged at €150.00 including VAT per additional hour.

4.4

If fixed working hours have been contractually agreed, the period of service is determined by the relevant agreement. If these times are exceeded, an additional fee per extra hour is also payable unless otherwise agreed.

5.1

The prices agreed in the contract apply.

5.2

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

5.3

In the event of default of payment, the Contractor is entitled to charge default interest at the statutory rate as well as costs incurred.

6.1

If the production date is postponed, the parties may conclude a supplementary written agreement to postpone the contractual relationship. In the event of postponement of the production date, each party is entitled to withdraw from the contractual relationship.

6.2

If the performance of photographic or cinematic services on the agreed event date is not possible or only possible to a limited extent due to extreme weather conditions (e.g. heavy rain, storm, snow), the provisions on postponement (§ 6) or cancellation (§ 7) shall apply accordingly. In this case, the Client is obliged to inform in good time. If postponement is not possible, the Contractor reserves the right to charge up to 100% of the agreed remuneration as a cancellation fee, provided the Contractor would have been ready to perform at the agreed time.

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 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 suffered less damage. The Contractor reserves the right to prove greater damage.

7.3

Cancellations must be made in writing.

8.1

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

8.2

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

8.3

Raw data (e.g. unedited video recordings or RAW files) will only be provided upon express written agreement and will be charged separately.

8.4

Requests for additional edits or changes beyond the agreed service will be charged separately.

8.5

When transferring files via the Internet, the risk of data loss passes to the Client once the files are made available on the server or via download link.

8.6

Risk and cost for the transport and delivery of data carriers & files by parcel are borne by the Client or the commissioned carrier from handover to the transport company. The Contractor accepts no liability for loss or damage to data during transport, except in cases of intent or gross negligence.

8.7

The manner of transfer is determined by the Contractor or its subcontractors at their reasonable discretion.

8.8

Complaints of any kind must be submitted in text form (e.g. email), specifying the defects precisely, within seven (7) calendar days after delivery of the photos/videos. After this period, the delivered works are deemed contractually compliant and defect-free. Complaints that only insignificantly affect the contractual use of the delivery do not entitle refusal of acceptance. Deviations of up to ten percent (10%) from the production runtime agreed in the production order do not constitute a defect and do not entitle refusal of acceptance.

8.9

If photos or videos were initially delivered with watermarks and the Contractor removes them at the Client’s request, the respective photos or videos are deemed accepted at the latest upon removal of the watermark.

8.10

The photos are additionally made available via the website www.scrappbook.de for a period of 182 days from the creation date of the online gallery. After this period, the Contractor is entitled to delete the gallery without further notice or use it otherwise. Data backup is the responsibility of the Client. The Contractor assumes no liability for data loss occurring after the stated period or due to the Client’s failure to download and secure the data in time.

9.1

The Client is entitled to one (1) revision with change requests regarding the final edit (photo or video) after the first delivery, provided these do not fundamentally change the nature of the work. Up to 33% of the work may be revised. A change of music in videos is excluded.

9.2

Further change requests or revisions will be charged separately at €357.00 including VAT.

9.3

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

10.1

The Contractor independently selects the images delivered to the Client, unless otherwise agreed in the preliminary discussion.

10.2

If the Client, in agreement with the Contractor, wishes to select the images themselves, this must be done within one week of gaining access to the images and communicated to the Contractor.

10.3

There is no entitlement to the release of all raw material unless expressly agreed in writing.

11.1

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

11.2

For additional files beyond the originally agreed works, the following graduated prices apply:
Photos: Each additional photo file: €3.50

From 100 photos: €3.25 per file

From 200 photos: €3.00 per file

From 300 photos: €2.50 per file

From 400 photos: €2.25 per file

From 500 photos: €2.00 per file

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

From 11 video files: €10.00 per file

All prices include statutory VAT.

11.3Additional requests and associated costs must be agreed in writing in advance and approved by the Client.

11.4

The Client may request additional data retrospectively; however, the corresponding fees must be paid in advance.

12.1

The Contractor is only liable for damages caused by intentional or grossly negligent breach of duty. Liability is limited to the total contract value, unless gross negligence or intent is present.

12.2

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

12.3

The Contractor is liable for damage or loss of digital image data/video material only in cases of intent or gross negligence. Liability for slight negligence is excluded. In any case, liability is limited to the agreed total amount of the contract, regardless of the number of damages.

12.4

The Contractor is not liable for damages, defects, or losses caused by subcontractors or suppliers who provide their services on their own account and in their own name. However, the Contractor is obliged to exercise due care in selecting subcontractors.

12.5

If the Contractor or its subcontractors cannot appear on the agreed production date or arrive late due to circumstances beyond their control, such as illness, accident, force majeure, unforeseeable traffic disruptions, or other unforeseen events, the Contractor assumes no liability for any resulting damages or consequences.

13.1

The Contractor processes the Client’s personal data exclusively in accordance with statutory provisions.

13.2

The Client is responsible for ensuring that all persons present at the event are informed about the creation and possible publication of photo and film recordings and provide the necessary consent. The Contractor is not liable for missing consents, unless he knew that no consent was given.

13.3

The Client indemnifies the Contractor against all claims by third parties that may be asserted in connection with violations of data protection regulations due to missing consents of recorded persons.

14.1

The Contractor is entitled to use works created under the contract for his own advertising purposes (e.g. portfolio, website, social media, competitions), unless the Client expressly objects in writing.

14.2

Refusal of publication must be communicated in writing before the event.

14.3

Consent to publication may be revoked by the Client at any time. In the event of revocation, the Contractor will refrain from future publications. Already published content will be deleted upon the Client’s request, insofar as this is technically possible and reasonable.

14.4

Revocation of consent does not affect the lawfulness of publications made prior to the revocation.

15.1If the Contractor is unable to perform due to force majeure (e.g. illness, accident, natural disasters) or other unforeseen circumstances, the Client will be informed immediately.

15.2In this case, an adequate replacement person will be proposed, if possible.

15.3Further claims, particularly for damages, are excluded unless intent or gross negligence on the part of the Contractor is proven.

15.4

The Client acknowledges that weather conditions during outdoor recordings (e.g. rain, snow, storm, strong winds, heat, or high humidity) may impair or make production impossible. The Contractor will decide at his reasonable discretion whether and to what extent recordings can be carried out under consideration of safety, equipment protection, and reasonable quality.

15.5

If recordings cannot be made or are restricted due to extreme or persistent weather conditions, these circumstances are deemed force majeure according to § 12.2 of these GTC. In such a case, the Contractor is entitled to terminate production early or postpone it to a later date. There is no entitlement to damages or reduction of fees if a significant part of the agreed service has already been performed.

15.6

If production is interrupted due to weather, billing will be done proportionally based on the work and production scope up to the time of termination. The Contractor will provide the Client with all usable material created up to that point. “Usable material” in this context means all recordings (photo and video) made up to termination that are technically sound and could generally be used to create the agreed final product. A claim to full editing or completion of the originally agreed work exists only if sufficient material is available.

15.7

A full refund of fees is excluded if preparation, travel, or personnel costs have already been incurred. These must be borne in full by the Client, even if no usable recordings were created.

16.1

Consumers generally have the right to withdraw from this contract within fourteen days without stating reasons in accordance with § 355 BGB.

16.2

However, the right of withdrawal does not apply to contracts for the provision of services related to leisure activities if the contract provides for a specific date or period of performance (§ 312g para. 2 no. 9 BGB). Our services, particularly 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 date.

16.3

By concluding the contract for such a date-specific service, the parties confirm that the exclusion of the right of withdrawal has been acknowledged and accepted.

16.4

No right of withdrawal is granted to businesses.

17.1

The law of the Federal Republic of Germany applies, excluding 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 remains unaffected.

17.3

Should a provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a regulation that comes closest to the economic purpose shall apply.