General Terms and Conditions of Maren Uhlenhaut Photography
§ 1 Scope / General Provisions
(1) These General Terms and Conditions (GTC) apply to all contracts, offers, deliveries, and services carried out by Maren Uhlenhaut Photography. Unless otherwise agreed, these GTC also apply to all future contracts with the same client. The GTC serve to clarify certain aspects of the contractual relationship, which is otherwise governed by the individual contract. Amendments or additions must be made in writing and explicitly marked as such. The parties agree that only these GTC shall apply. Any terms and conditions of the client shall not apply. If the parties have agreed otherwise in writing, those provisions shall take precedence.
(2) „Photographs“ within the meaning of these GTC include all products created by the Photographer, regardless of the medium or technical form (e.g. prints, canvas, digital images in an online gallery, USB drive, other storage media, slides, negatives, etc.). The client acknowledges that the delivered photographs are protected works under copyright law (§ 2(1)(5) German Copyright Act).
(3) For portraits or images of objects protected by third-party rights (e.g. copyright, ownership), the client must obtain the necessary permissions from the individuals or rights holders for both creation and usage.
(4) The basis of the contract is the individual offer from the Photographer, which outlines the services and fees. All offers are non-binding and subject to change.
(5) The contract is concluded upon written acceptance of the offer or receipt of the deposit payment.
(6) The services offered must be confirmed in writing or by advance payment.
§ 2 Services of the Photographer
(1) The Photographer may carry out the photographic work personally or delegate to qualified third parties.
(2) Unless specific instructions are given, the Photographer retains full artistic freedom regarding style and composition. Complaints in this regard are excluded.
(3) The client receives only edited, high-resolution JPG files. The delivery of unedited RAW files is excluded. Long-term storage of files is not part of the agreement and is not guaranteed. The number of images is at the discretion of the Photographer and/or assistant and depends on the event duration and scope as per the contract. The Photographer selects the images.
(4) The Photographer cannot guarantee that every guest will be photographed. Specific shots or moments must be arranged in advance.
§ 3 Client Responsibilities
(1) The client must provide all necessary information (addresses, directions, special requests) at least 14 days before the event.
(2) For weddings or events, the client must name at least one point of contact available three hours before and during the event.
(3) The client is solely responsible for obtaining permissions from venues, clergy, guests, vendors, and other parties for photography and videography.
(4) The client must ensure visibility for the Photographer and inform them of key moments. Grouping of guests is also the client’s or planner’s responsibility.
§ 4 Copyright and Usage Rights
(1) The Photographer retains all copyright.
(2) The client is granted a non-exclusive right for private, non-commercial use. Sharing with third parties requires written permission.
(3) For any public use, credit must be given (Maren Uhlenhaut Fotografie / https://marenuhlenhaut.de) and appropriate social media tagging (@marenuhlenhaut_weddings).
(4) Usage rights transfer only after full payment. All media remain the Photographer’s property until then.
(5) Commercial use (including edited images) requires prior written consent and will be invoiced separately.
(6) The Photographer may use a selection of images for portfolio purposes unless the client objects in writing within 14 days of delivery. If the client opts out, a fee of €250 will be charged due to the nature of the original offer including usage rights.
(7) Deviations must be agreed upon in writing.
§ 5 Payment, Offsetting, Retention
(1) A 50% non-refundable deposit is due within 7 days of contract conclusion. Only after receipt is the date confirmed. Failure to pay may lead to contract termination.
(2) Travel costs are billed at €0.80/km (one-way) from Zur Kirchgasse 5, 04509 Klitschmar.
(3) Accommodation is charged for events longer than one day, more than 200km away, or starting before 9am/ending after 10pm.
(4) Overtime requested by the client is charged based on the hourly rate.
(5) Remaining 50% is due within 7 days after the wedding/event or invoice receipt. Pre-event services are billable even if the contract is later terminated.
(6) Modifications by the client require written confirmation and incur a 50% deposit.
(7) For events lasting over 4 hours, the Photographer and any assistant must be provided with adequate food and drinks.
§ 6 Cancellation by Client
(1) The legal right of withdrawal applies. This expires if the Photographer begins service early with client consent.
(2) Cancellations within 3 days incur a flat fee of €100 plus travel expenses.
(3) Cancellation fees:
- Up to 8 weeks before: 50%
- Up to 4 weeks before: 75%
- Up to 1 week before: 90%
- Within the last week: 95%
(4) Exceptions: Illness of the couple or death in immediate family (proof may be requested).
§ 7 Artistic Discretion
The Photographer’s style is known to the client. They waive the right to complain about artistic choices. Post-production changes require a separate agreement and fee.
§ 8 Liability
(1) Liability is limited to intent and gross negligence, excluding injury to life, body, or health or essential contract breaches.
(2) For loss or damage to files, liability is limited to gross negligence and capped at the contract value.
(3) For defective products, a discount of up to 20% may be granted depending on severity.
(4) Minor artistic deviations are not grounds for complaint.
(5) Claims for delays or impossibility are excluded unless caused by gross negligence or involve personal injury.
(6) No liability for subcontractors working independently.
(7) Delivery dates are only binding if confirmed in writing. Delays are only liable if due to gross negligence.
(8) Shipping risk and costs are borne by the client. Delivery method is at the Photographer’s discretion.
(9) In cases such as illness, accident, or force majeure, the Photographer is not liable for non-performance or delays.
(10) If the main Photographer is unavailable, a qualified replacement may be provided. If not accepted, the client may cancel and receive a refund.
(11) Complaints must be submitted within 7 days after delivery. After this, the service is considered accepted.
§ 9 Data Protection
(1) Personal data may be stored and must be kept confidential. The privacy policy is available at https://marenuhlenhaut.de/datenschutz
(2) Data is only shared with third parties as necessary for contract fulfillment.
§ 10 Final Provisions
(1) German law applies exclusively.
(2) No side agreements exist unless in writing.
(3) If any clause is invalid, the rest remain in force. A valid clause closest to the original intention shall replace the invalid one. Jurisdiction is the Photographer’s place of business.
(4) If the client has no domicile in Germany or moves abroad after the contract, jurisdiction is with the Photographer’s local court.
Version: June 19, 2023