Terms & Conditions

Terms and Conditions Ivory Rose Photography, Wedding Photography Vienna and Austria.

As of: 01.05.2017

§1 General provisions and applicability of the terms and conditions
The subject contract is a work contract concluded between the contractor - wedding photographer - and the client, which includes the delivery of the photos in a defined period of time.
We conclude contracts exclusively to our terms and conditions as amended, unless a separate individual contract was made. These general terms and conditions take precedence over any terms and conditions of the client or the mediator. Videos are treated like pictures in this contract.

§2 Object and conclusion of the contract
A contract is concluded by signing an order form or sending a statement by e-mail by the customer and with countersigning or order confirmation by the contractor. The form of confirmation can be in writing, by fax or email.

§3 General for delivery
The photographic works (hereinafter referred to as pictures) are generally delivered via a download link in the current resolution technically possible by the photographer.
By handing over the access data for the download, the responsibility for the images and the personal rights linked to the images (for example, the rights to one's own image) are transferred to the client.
Immediately after delivery of the data, the order shall be considered as rendered and entitled to the accounts.

§4 copyright regulations
All copyrights and ancillary copyrights of the photographic manufacturer (§§ 1, 2 Abs. 2, 73ff UrhG) are ours. The client receives after payment of the agreed fee the unrestricted non-transferable right to use the delivered images.
We are entitled to change the pictures and adapt them to their own needs.
The transfer of the photographic works is permitted only by separate agreement stated in the order or only by written consent. The free distribution is generally permitted.
In the case of a publication, the photo manufacturer is entitled to covet the manufacturer's name (attribution) or copyright notice clearly and legibly directly in the photograph. When publishing photo art on private homepages, social networks, etc., we renounce the manufacturer's name.
In the absence of a separate agreement, the photographic manufacturer is entitled to use the photographic works for the purposes of its own advertising without restrictions. This extends to all currently known types of use and includes duplication, distribution, digitization, exhibition, performance, broadcasting, public accessibility and public reproduction by image / sound / data carriers. The recordings may therefore be used both digitally and analogously in all suitable media (eg online use of any kind, any use of print, TV, cinema, theater, videograms (CD, DVD, etc.), interactive and multimedia use, etc.) and in databases, even if they are accessible online, are stored. The recordings may be edited or redesigned (eg montage, combination with pictures, texts or graphics, photographic alienation, coloring) while respecting the right to privacy. However, the client can prohibit this in advance by simply sending a statement by e-mail or in any other form. In this case, the pictures will only be handed over to the client and not used for advertising purposes.
If all rights are handed over to the client, the photographer of the photo retains all copyright and ancillary copyright (§§ 1, 2 Abs. 2, 73ff UrhG).

§5 Property Rights and Archiving
The ownership of the exposed footage (negatives, slides, etc.) is due not least to us due to copyright. The generally granted unrestricted right of use is unaffected.
We will archive the recordings without legal obligation. In the case of loss or damage the contracting party has no claims.

§6 claims of third parties
The contracting party must provide for the obtaining of any required approval of illustrated objects (for example works of fine art, designs and models, stamps, photo templates etc.) or persons (for example models). He indemnifies and holds the contractor harmless, in particular with regard to the claims under §§ 78 UhrG, 1041 ABGB.
We guarantee the consent of authorized persons (authors, depicted persons, etc.), in particular models, only in the case of express written consent for the contractual purposes.

 

§7 loss and damage
In the event of loss or damage of recordings made on order we are liable from which legal title only for intent and gross negligence.
The liability is limited to own negligence. All liability is limited to the material costs and the free repetition of the recordings (if and as far as possible).

Further claims are not entitled to the client; In particular, we are not liable for any travel and subsistence expenses as well as for third-party costs (models, assistants, make-up artists and other reception personnel) or for lost profits and consequential damages.


§8 performance and warranty
We will carry out the order given carefully. He may also have the contract carried out in whole or in part by third parties (laboratories, external service providers, etc.).

If the contracting party does not make a written order, we are free in terms of the nature of the execution of the contract. This applies in particular to the image perception, the selection of the photo models, the location and the applied optical (photographic) means. Deviations from earlier deliveries do not constitute a defect as such.

It is the sole responsibility of the customer to obtain permission to take photographs from us from the venue of the photographic activity.

For defects that are due to incorrect or inaccurate instructions of the contractor, is not liable (§ 1168a ABGB). In any case, we are liable only for intent and gross negligence.

The contracting party bears the risk for all circumstances that are not the responsibility of the contractor, such as outdoor weather conditions, timely provision of products and props, loss of models, travel restrictions, etc.

All complaints must be made in writing within a maximum of 7 days after delivery and all documents have to be submitted. After expiry of this period, the service is deemed to have been rendered in accordance with the order. The warranty period is three months.

In the case of defectiveness, the contracting party is only entitled to an improvement claim by the contractor. If an improvement is impossible or is rejected by us, the contracting party is entitled to a price reduction claim. For insignificant defects is not liable.

If the contractual partner always refrains from carrying out the order for whatever reason, we shall be entitled to half of the fee plus all incidental costs actually incurred, unless otherwise agreed. In the case of absolutely necessary date changes (for example, for reasons of weather), a fee paid in vain or reserved time and any additional costs must be paid.

If, due to important reasons (illness, etc.), it is not possible for us to fulfill an agreed deadline for the fulfillment of the contract, it is free to accept the order pursuant to Art. § 6 para. 2 to be fulfilled by third parties. If the order can not be performed by the agreed date, we will inform the client immediately after the reason has become known. A claim for damages in this case is considered excluded, an alternative date will be provided to the client by us. If the order fulfillment is an order with a defined, non-repeatable date, the client is entitled to a maximum lump sum compensation of 20% of the agreed fee. If the contractor informs the client within 7 days of non-performance of the planned order, compensation for damages is generally excluded. Further claims are not entitled to the client; In particular, we are not liable for any travel and subsistence expenses as well as for third-party costs (models, assistants, make-up artists and other reception personnel) or for lost profit and any consequential damage. However, especially at weddings, we will do everything possible within our scope to get a replacement.

However, we are not liable for any damage caused by force majeure (theft of photographic equipment, traffic accident, emergency surgery, ...). Generally the liability is limited according to §8 Abs.9.
We are not responsible for any missing or impaired photographs due to venue restrictions, including but not limited to access restrictions or flash bans and the like.

We are booked by the contractor exclusively as a professional photographer for order and other agreed events. Guests are allowed to take amateur photos as long as we are not hindered in our work (eg by staying in front of or behind the professional photographer, and not being photographed by his or her arranged poses.) Photographers are not liable for overexposed photographs taken by the flash or the lighting of other cameras or video cameras were affected.

Due to the nature of an event and the numerous events typical of it in different places, we will move around the whole day or for the duration of the order, change the equipment and adjust. It is the client's responsibility to inform us of the next important step of the event. In addition, a selected person of trust should have an overview of which photographs are desired, and group the respective guests accordingly. We photograph the groups concerned but are not responsible for the organization and composition of these groups. We are happy to assist with the compilation, but because of the ignorance of the family situations or we often know the persons not only conditionally influence.

After a full-day booking, we have short breaks for meals and for the fulfillment of natural needs. Usually the catering is taken over by the organizer. The breaks are carried out according to the possibility and agreement of the client / organizer. In any case, after a 6-hour continuous work, we have a continuous break of 30 minutes, which we will integrate into the process and interrupt in the event of unforeseen events.

We are booked on the basis of our professional and artistic expertise and therefore reserve the right to edit our photos at our discretion. Photographers can not guarantee that all guests present will be photographed. The choice of the delivered photos is up to the photographer unless otherwise agreed in writing.


§9 fees, payment & delivery
In the absence of a separate agreement by submission of the offer and its acceptance, we are entitled to an appropriate fee for our services.

Immediately after placing the order, we are entitled to charge a down payment.
For orders involving several units, we are entitled to charge for each individual service after delivery.

 

Unless expressly agreed otherwise in writing, the (residual) fee is due for payment within a maximum of 10 days from the date of invoice. From the due date of the invoice, the contractor is entitled to charge dunning fees. The current amount of the fee per reminder is 12 € incl. VAT.
In the event of default interest and compound interest in the amount of 5% above the respective bank rate from the due date shall be deemed agreed.

On average, the waiting time for the finalized photos is one to four weeks from the end of the order, whereby there is no legal claim.


§10 Final Provisions
 Place of performance and jurisdiction is Vienna. In the case of relocation, actions may be brought at the old and new headquarters.

The product liability law (PHG) is not applicable; In any case, liability for other than personal injury is excluded if the contracting party is an entrepreneur. In addition, Austrian law is applicable, which also precedes the international sales law.
Damages and liens also include the costs of extrajudicial defense.
These general terms and conditions do not apply insofar as mandatory provisions of the KSchG preclude this. Partial nullity of individual provisions (of the contract) does not affect the validity of the remaining provisions of the contract.

§11 Special provisions on the use of music in videos
Through Austro Mechana we grant the contracting party the non-exclusive right to reproduce and distribute recordings of musical works with or without the text of the repertoire they represent in Austria.

This permission to use the work is expressly granted only for reports about family events (weddings, birthday parties and the like) as well as events that are not primarily for commercial purposes (such as firefighters, football events, costume parade and the like). It includes recordings for audio visuals and on all audiovisual systems. From each production, no more than 30 copies may be made in all systems under this contract.

This permission to use the work is expressly granted only for reports about family events (weddings, birthday parties and the like) as well as events that are not primarily for commercial purposes (such as firefighters, football events, costume parade and the like). It includes recordings for audio visuals and on all audiovisual systems. From each production, no more than 30 copies may be made in all systems under this contract.

Publication on the Internet or in social networks is strictly forbidden (even if access rights are granted) and will be punished in accordance with the legal provisions in the event of a breach.

For videos without copyrighted music, the terms and conditions set forth in these terms and conditions apply.