Marcus Drobny

Terms and Conditions

  1. Scope of Application
    1. These General Terms and Conditions (hereinafter: “Terms”) apply to contracts between Marcus Drobny, Mittelweg 25 in 04828 Bennewitz, kontakt@marcusdrobny (hereinafter: “I”, “me”) as photographer and my clients (“you”, “your”), insofar as they are entrepreneurs within the meaning of § 14 BGB.
    2. Supplementary or deviating terms and conditions do not apply unless I have expressly agreed to their inclusion.
    3. Unless otherwise agreed, these Terms apply in the version last communicated to you as a framework agreement for similar future contracts, without the need for express reference in individual cases.
    4. There are no oral side agreements.

  3. Execution of Assignments
    1. Cost estimates are non-binding. I am only required to notify you if a cost estimate is exceeded when the total costs of the assignment are expected to increase by more than 15%.
    2. If a specific period is provided for the delivery of services and this is extended substantially without my responsibility, you owe a reasonable increase in the agreed fee.
    3. If several production steps are planned, acceptance of a partial service constitutes approval for the next work step.
    4. Unless otherwise agreed, the selection of images for acceptance is made by me.
    5. Material defects must be reported in text form within two weeks of the request for acceptance of the service; otherwise, the service is deemed to have been performed in accordance with the contract.
    6. I am permitted to use subcontractors.
    7. If the offer provides that individual services are to be performed by subcontractors, I will commission them on your behalf in your name and at your expense.
    8. You are obligated to provide me with two specimen copies within two weeks of the publication of images.

  4. Usage Rights
    1. In case of doubt, I grant you a simple, non-sublicensable right of use for copyrighted works for one-time use.
    2. Unless otherwise agreed, use on the internet or in digital databases is limited in time to the duration of the publication periods of the corresponding print object.
    3. I transfer usage rights to you for the purpose specified when the assignment was placed or for the use assumed at the time of contract conclusion.
    4. When using the images, the following copyright notice must be placed in such a way that clear attribution to the images is possible at all times: Marcus Drobny Hochzeitsfotografie.
    5. The granting of usage rights is subject to the condition precedent that the agreed fee has been paid in full.

  5. Liability
    1. You are responsible for ensuring that the rights of depicted persons or to depicted objects, as well as third-party name, trademark, and brand rights, are not violated by the use of the images. You must obtain the necessary permissions and approvals (e.g., model releases) from the respective rights holders yourself, unless we provide them to you upon delivery.
    2. Claims for damages against me are excluded. Exceptions include claims arising from injury to life, body, or health, from guarantees or under the Product Liability Act, as well as liability for other damages based on intentional or grossly negligent breach of duty. Liability for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely also remains unaffected. In the event of a slightly negligent breach of these contractual obligations, I am only liable for the typical, foreseeable damage.
    3. The aforementioned liability provisions also apply to my vicarious agents.

  6. Fee
    1. The agreed fee applies. In the absence of an express agreement, the recommendations of the Mittelstandsgemeinschaft Foto-Marketing (MFM) in the version at the time of contract conclusion apply.
    2. Value-added tax is to be paid in addition to the agreed fee, insofar as it is applicable.
    3. Ancillary costs (e.g., material and lab costs, model fees, costs for props, travel expenses, per diems, etc.) are not included in the agreed fee and are at your expense.
    4. The fee is due upon acceptance of the service. In the case of several production steps, the fee attributable to each step is due upon its acceptance. Upon conclusion of the contract, I may request a reasonable advance payment.
    5. Offsetting or the exercise of a right of retention by you is only permitted with undisputed or legally established claims.

  7. Return of Image Material
    1. Analog image material must be returned to me in the delivered form immediately after the end of the agreed use; digital data must be deleted.
    2. If I have provided you with image material to review whether use or publication is being considered, the return or deletion according to Section 6.1 must occur within one month of receipt.
    3. You bear the risk of loss or damage to returned image material during transport until it reaches me.

  8. Contractual Penalty and Damages
    1. In the event of unauthorized use of image material, you must pay a contractual penalty equal to twice the usage fee. Further claims for damages remain unaffected.
    2. In the event of a missing or non-compliant copyright notice according to Section 3.4, a surcharge of 100% on the agreed fee is to be paid.

  9. Final Provisions
    1. Unless otherwise agreed, I am entitled to publish works produced for the purpose of self-promotion and to publish your name as a reference. You may prohibit the mention of your name if it affects your legitimate interests.
    2. The law of the Federal Republic of Germany applies.
    3. Should individual provisions of these Terms be or become invalid, the validity of the remainder remains unaffected.
    4. If you are a merchant, a legal entity under public law, or a special fund under public law at the time of contract conclusion and have your registered office in Germany, my registered office is the exclusive place of jurisdiction and place of performance.