General Terms and Conditions, effective Jan, 2026

§1 General Provisions and Applicability of the Terms and Conditions

1. This agreement constitutes a contract for work and services established between the contractor and the client, encompassing the provision of photographs or an edited video (as per the order) within a specified timeframe. Contracts are established solely under these General Terms and Conditions, unless a distinct individual agreement has been reached. These General Terms and Conditions shall prevail over any terms and conditions set forth by the client or intermediary. Videos are regarded in the same manner as images within this agreement.

§2 Subject Matter and Formation of the Contract.

1. A contract is established by signing an order form or offer, or by transmitting a declaration via email.

§3 General Information Regarding Delivery

The photographic works (hereinafter referred to as images) or videos are typically delivered electronically in the highest technically feasible resolution by the contractor.

1. Delivery is deemed complete upon the provision of access data to the online album, provided this is specified in the offer.

2. Upon the transfer of the online album, the responsibility for the images and videos, along with the associated personal rights (e.g., the right to one's own image), is transferred to the client.

3. Upon delivery of the data, the order is deemed fulfilled and grants the holder the right to invoice.

4. The client will be notified of the maximum duration of their online gallery. During this time, the client is responsible for saving the data to their own devices.

5. RAW files are neither provided nor sold by the photographer. This is due to their status as incomplete products, and the photographer was engaged for her distinctive style, which is evident in the final image.

§4 Copyright Regulations

All copyrights and associated rights of the photographer (§§ 1, 2 para. 2, 73 et seq. German Copyright Act) are held by the contractor. Upon payment of the agreed fee, the client is granted an unrestricted, non-transferable right to utilize the delivered images.

The distribution of photographic works for a fee is permitted solely through a separate agreement outlined in the commission or with written consent from the photographer. Distribution without charge, particularly in a private context, is generally allowed.

Applicable to wedding photography commissions: Should the client commercially publish the photos or transfer them to third parties (such as service providers), the photographer's name or copyright notice ©Ivory Rose Photography must be clearly visible and directly linked to the photograph, along with a reference to Instagram at @ivoryrose.photography.

If the client transfers the resulting photographic works to another service provider for the event, that provider must explicitly seek permission for the commercial publication of the images in advance and must credit and link to the photographer in any publication of the photos.

The clients explicitly consent to the contractor's right to publish, reproduce, and utilize the photographs created, particularly for reference purposes, without any limitations regarding time, content, or location.

However, the contractor will refrain from utilizing any photographs that could reasonably be perceived as having a negative impact on the individual(s) depicted.

The contractor will refrain from publishing any photographic works that could be detrimental to the client.

1. 1. The offer already incorporates a 20% discount, contingent upon the client's consent to the publication of the images. If the client does not provide this consent, the discount will be revoked, and the 20% will be added to the total amount. Should the client opt against publication after signing the offer or after receiving the images, the discount must be reimbursed in full retroactively.

The client is required to inform the individuals being photographed, as well as those present at the event, about the occurrence of photography in compliance with data protection legislation as stipulated in Section 4, Paragraph 4.

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§5 Ownership Rights, Archiving, and Deletion

The contractor maintains ownership of the exposed film material (negatives, slides, etc.), primarily due to copyright considerations. This does not impact the generally granted, unrestricted right of use.

For legal purposes, the contractor will retain the delivered recordings in digital format for a minimum of three years. Nonetheless, any warranty regarding data availability or liability for data unavailability is expressly excluded in all circumstances.

In alignment with the data minimization principle outlined in the GDPR (General Data Protection Regulation), the contractor is authorized to delete unused and undelivered recordings two months following the order date.

1. The photographer confers upon the clients exclusive, worldwide, transferable, and perpetual private rights of use and exploitation in accordance with §§14 to 18a and §§71ff of the German Copyright Act.

§6 Claims by Third Parties

The client is responsible for securing any required consent for depicted objects (e.g., works of fine art, designs and models, trademarks, photographic originals, etc.) or individuals (e.g., models, guests, etc.). The client shall indemnify and hold the contractor harmless in this regard, particularly concerning claims under Sections 78 of the Copyright Act (UrhG) and 1041 of the Austrian Civil Code (ABGB).

§7 Loss and Damage

In the event of loss or damage to recordings created under commission, the contractor shall be liable solely for intent and gross negligence, irrespective of the legal basis, and shall not be held accountable in cases of force majeure.

Liability is confined to instances of one's own negligence.

Any liability is confined to the complimentary reproduction of the recordings (if and to the extent that this is feasible).

The client is not entitled to any additional claims; specifically, the contractor is not responsible for any travel and accommodation expenses, third-party costs (including models, assistants, makeup artists, and other on-set personnel), or for lost profits and consequential damages.

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§8 Performance and Warranty

The contractor will execute the assigned task with diligence. In the event of illness, she may have the task completed in whole or in part by third parties, including other photographers or external service providers.

The photographer is reserved for a designated timeframe, as specified in the offer. If any alterations to the schedule (such as modifications to the start or end time) arise thereafter, the photographer must be notified to facilitate a discussion regarding the changes and to adjust the booking accordingly.

Given the artistic requirements of photography and videography, the photographer possesses full autonomy in executing the commission. This particularly pertains to the image concept, model selection, shooting location, and the optical and technical (photographic) equipment employed. Variations from prior submissions do not signify a defect.

1. The offer delineates a minimum quantity of images to be provided. Given that each wedding is distinct—varying with the guests, the sequence of events, and other considerations—the final count of images may exceed this minimum. The photographer curates the selection, consistently opting for the highest quality and most impactful shots for delivery.

2. Customers may select additional images; however, this will incur a flat upload fee of 40 euros, along with an hourly flat rate of 140 euros for re-editing based on the actual workload.

3. The photographer employs a reportage style, striving to authentically document the atmosphere and events of the day. The services outlined in the offer do not encompass retouching tasks, such as modifying skin, smoothing wrinkles in clothing, or similar details, unless explicitly specified in the offer.

4. Subsequent modifications or further processing requests from the client will incur a charge of 140 euros per hour, calculated according to the actual workload.

5. Wedding photography: The client is responsible for ensuring that the wedding party, the officiant, and the wedding decorations are arranged in a manner that does not obstruct the view of the bride and groom. We comply with the regulations of the church or venue concerning camera placement.

We shall not be held liable for defects arising from incorrect or inaccurate instructions provided by the client (§ 1168a ABGB). In all circumstances, our liability is limited to cases of intent and gross negligence.

The client assumes responsibility for all circumstances beyond the contractor's control, including weather conditions for outdoor shoots, timely delivery of products and props, model cancellations, travel disruptions, and similar events.

1. All complaints must be submitted in writing, accompanied by all supporting documentation, within seven days of delivery. Following this period, the service is deemed to have been executed in accordance with the contract. The warranty period is two months.

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§9a Cancellation and Order Postponement

1. In the event of a cancellation of a booked order (effective from the date of signing the order/offer) for a wedding reportage - the following guidelines shall apply:

2. A cancellation fee of 600 euros is due from the date of purchase.

If the cancellation occurs 8 months prior to the designated wedding date, a cancellation fee amounting to 50% of the agreed order total is required.

• • 6 - 3 months prior to the wedding date 80%

From three months prior to the wedding day, the full agreed-upon price will be charged.

1. The deposit made upon signing the offer is non-refundable.

2. Any services rendered by the contractor prior to the wedding date (including site visits and client meetings) will incur a separate charge of €25 per hour if the contract is terminated for any reason.

3. In the event of an unavoidable change of date initiated by the client (due to illness or death), and if the rescheduled date falls on a time when the photographer is unavailable to fulfill the assignment, a fee equivalent to 50% of the assignment offer, along with all associated costs, will be charged for the time reserved or spent in vain.

In the event of an unavoidable date change initiated by the client (due to illness or death) to a date that is available for the photographer, the photographer reserves the right to impose a price increase for all services booked. The details of this price increase are as follows:

10% for the same year as well.

30% for the upcoming year, or if greater, the current price for the year to be reserved.

If the order must be canceled due to force majeure, the contractor shall not be entitled to any additional cancellation fees.

In the event of a non-essential date change initiated by the client to a date that is available for the photographer, the photographer reserves the right to impose a price increase for all reserved services, which also accounts for the expenses associated with canceling the original date. This price increase is structured as follows: 50% of the base package for rescheduling dates that occur within 9 months prior to the wedding.

Upon receiving written notification of a postponement, the client is required to propose a new date for the shoot within one year. Should this not take place, the photographer or contractor is entitled to issue a full cancellation invoice amounting to 100% of the lost booking.

If the contractor is unable to attend a scheduled appointment to fulfill the order due to significant reasons such as force majeure, illness, a car accident, pregnancy, or family emergencies, she is permitted to have the order completed by a third party, ensuring the same high quality at the same price.

If the client is unable to fulfill the order by the agreed-upon date, they will be notified promptly once the reason is identified. In such instances, any claims for damages will be excluded, and an alternative date will be proposed to the client.

If the order fulfillment entails a specified, non-recurring deadline, the contractor will exert every effort within their capabilities to secure an appropriate replacement. In this instance, the client reserves the right to terminate the contract without incurring cancellation fees.

In the event that the contractor fails to fulfill the planned assignment, compensation for damages is generally excluded. The client is not entitled to any additional claims. Specifically, the contractor is not liable for travel and accommodation expenses, third-party costs (including models, assistants, makeup artists, and other on-set personnel), lost profits, or any consequential damages. However, particularly in the case of weddings, we will make every effort within our capabilities to secure a suitable replacement.

 

§9b Cancellation Policy for Photoshoots

1.A photoshoot booking becomes binding as soon as the client confirms the offer in writing (e.g. via email). Upon confirmation, these terms and conditions come into effect.

2.In the event of a cancellation, the following conditions apply:

• The deposit is non-refundable in all cases, regardless of when the cancellation occurs.

• If the photoshoot is cancelled within 4 weeks prior to the scheduled date, the photographer is entitled to charge a cancellation fee of 50% of the agreed total amount as compensation for reserving the date and and all the associated effort incurred by the photographer, such as time and compensation for email correspondence aso.

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§10 Liability

1. The contractor shall not be held liable for any damages resulting from force majeure events (such as traffic accidents, etc.).

The contractor shall not be held responsible for absent or compromised photographic recordings resulting from venue restrictions, including but not limited to access limitations or prohibitions on flash photography and similar practices.

The photographer is engaged solely as a professional photographer. Guests may take amateur photographs provided they do not disrupt the photographer's work (e.g., by positioning themselves in front of or behind her) and refrain from capturing any of the arranged poses. The photographer is not responsible for overexposed images resulting from flash or the lighting of other cameras or video recorders.

The contractor shall not be held liable for any damages resulting from force majeure events (such as traffic accidents, etc.).

The contractor shall not be held responsible for absent or compromised photographic recordings resulting from venue restrictions, including but not limited to access limitations or prohibitions on flash photography and similar practices.

The photographer is engaged solely as a professional photographer. Guests may take amateur photographs provided they do not disrupt the photographer's work (e.g., by positioning themselves in front of or behind her) and refrain from capturing any of the arranged poses. The photographer is not responsible for overexposed images resulting from flash or the lighting of other cameras or video recorders.

§11 Performance and Warranty 2.0

Given the nature of a wedding or event, along with the multitude of activities often occurring at various locations, we will be frequently relocating throughout the day or for the duration of the assignment, modifying and adjusting our equipment as necessary. A designated contact person will be made available to the contractor on site.

At weddings, it is the duty of the bridal couple, the master of ceremonies, or the designated contact person on site to notify the contractor of the upcoming significant events, such as the commencement of the ceremony, the wedding dance, the cutting of the wedding cake, and the tossing of the bridal bouquet, among others.

The photographer will capture images of the specified groups (family photos) but is not responsible for organizing or compiling them. While the photographer is willing to assist with the arrangement, their influence is limited due to a lack of familiarity with the family dynamics and individuals involved. The photographer is not liable for any missing family photos or individuals absent from the images.

Following a full-day booking, the contractor is entitled to brief breaks for meals and restroom use. Meals will be supplied by the client. Breaks will be arranged in accordance with the client's availability and mutual agreement.

In any event, following continuous work exceeding six hours, the contractor is entitled to a continuous break of thirty minutes, which will be incorporated into the workflow and may be interrupted due to unforeseen circumstances.

The photographer is engaged based on her professional and artistic expertise and thus retains the right to edit the photos at her discretion. The selection of the delivered images is at the photographer's discretion. The clients acknowledge that all photographs taken are subject to the photographer's artistic judgment. The clients are acquainted with the photographer's style and therefore explicitly waive any complaints concerning the photographer's artistic discretion and the optical and technical methods utilized.

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The contractor cannot assure that all individuals present at the celebration will be photographed. The contractor will consistently endeavor to meet this objective if explicitly requested by the client. The lack of photographs of specific individuals does not represent a deficiency. The contractor cannot guarantee particular images or scenes; thus, if certain sequences are specifically desired, this must be discussed and agreed upon separately with the contractor.

§12 Charges, Remuneration & Distribution

As a result of the submission and acceptance of the offer, the contractor is entitled to the stipulated fee for her services.

The contractor retains the right, if deemed necessary, to issue an invoice for a deposit amount selected by you following order confirmation, which is payable within 7 days of invoicing.

Unless explicitly agreed otherwise in writing, the fee will be issued following the delivery of the digital photos and is payable no later than 7 days after invoicing.

From the invoice due date, the contractor reserves the right to impose late payment fees. The current charge for each reminder letter is €12, inclusive of VAT.

In the event of default, interest and compound interest at a rate of 5% above the applicable bank rate from the due date shall be considered agreed.

The delivery date for the artworks is outlined in the offer; however, there is no legal entitlement to this date.

All parking expenses incurred during the assignment will be charged to the client on a one-to-one basis.

The client is responsible for organizing accommodation for the photographer in the event of a lengthy journey or an extended shoot. This will be determined at the photographer's discretion and discussed with the client prior to providing a quote.

Following discussions with the client, the contractor will arrange her own accommodation and invoice it directly.

The travel fee may be modified in accordance with the prevailing inflation rate or the increased costs of fuel at the time of the wedding.

Concluding Provisions

The venue for performance and jurisdiction is Vienna. Should there be a change of registered office, legal proceedings may be initiated at both the former and the new registered office.

The Product Liability Act (PHG) is not applicable; in any event, liability for damages beyond personal injury is excluded if the contractual partner is a business entity. Additionally, Austrian law is applicable and takes precedence over international sales law.

Indemnification and hold harmless agreements also encompass the expenses associated with out-of-court legal defense.

These General Terms and Conditions shall not apply to the extent that they conflict with the mandatory provisions of the Austrian Consumer Protection Act (KSchG). The partial invalidity of specific provisions of the contract shall not impact the validity of the remaining contractual provisions.

Privacy Policy, effective May 1, 2018

The safeguarding of your personal data is of utmost importance to us. Consequently, we process your data solely in accordance with legal provisions (GDPR, Austrian Telecommunications Act 2003). In this privacy policy, we outline the key aspects of data processing within the context of our business relationship or its initiation.

We employ organizational, contractual, and technical security measures that align with industry best practices to ensure compliance with data protection laws and the General Data Protection Regulation (GDPR). These measures are designed to safeguard the data we manage against accidental or intentional manipulation, loss, destruction, or unauthorized access.

Utilization of personal data

We collect personally identifiable information, including names, addresses, email addresses, and telephone numbers, solely when a user voluntarily provides it to receive information. We utilize personal data exclusively for the purposes of responding to inquiries, preparing offers, and enhancing service delivery, in alignment with these data protection principles. We reserve the right to use, retain, or disclose personal data as necessary to comply with applicable laws, regulations, or legal obligations, to investigate customer complaints or potential legal infractions, to safeguard the integrity of the websites, to address your inquiries, or to assist in legal investigations.

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Contacting Us: When you reach out to us via email, the information you provide will be retained for the purpose of addressing your inquiry and for any potential follow-up questions. We will not disclose this information without your consent. The collection of personal data (such as name, address, or email address) on our website is conducted voluntarily whenever feasible. We utilize your data solely to the extent necessary to respond to your inquiry. Should a business relationship arise from your inquiry, this information will be stored in compliance with legal regulations. If no business relationship is established, all personal data will be deleted or anonymized after one year.

Please be aware that data transmission over the internet (e.g., communication via email) may present security vulnerabilities. Absolute protection of data from unauthorized access is unattainable. It is explicitly emphasized that, due to the inherent characteristics of email, communication through this medium is not a secure method of correspondence!

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Responsible entity under data protection legislation:

Polly Rola // Vorgartenstraße 103, 1020 Wien // Sophie Menegaldo // Peter-Jordan-Straße 104/2/6, 1190 Wien

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