for creative services provided by Simon Carl Köber (hereinafter referred to as the "Contractor")

(As of: May 26, 2025)
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‍§ 1 Scope of Application
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(1) These General Terms and Conditions (GTC) apply to all contracts for creative services, particularly in the fields of photography and videography, concluded between the Contractor, Simon Carl Köber, and his clients (hereinafter referred to as the "Client"). They apply regardless of whether the Client is a consumer or a business entity, unless otherwise agreed in individual cases.
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(2) Deviating, conflicting, or supplementary General Terms and Conditions of the Client shall only become part of the contract if and to the extent that the Contractor has expressly agreed to their validity in writing. This requirement of consent applies in every case, even if the Contractor provides services without reservation while being aware of the Client's GTC.
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(3) These GTC are an integral part of every individual contract or individual service description (Scope of Work) concluded with the Client.

§ 2 Subject Matter of the Contract
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(1) The subject matter of the contract is the provision of creative services by the Contractor, as specified in the respective individual contract or service description (Scope of Work). This may specifically include the creation of photographs, videos, as well as the conception, planning, execution, and post-production of such projects.
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(2) The services provided by the Contractor generally constitute a "Werk" (work) within the meaning of § 631 of the German Civil Code (BGB). The Contractor owes the production of the work agreed upon in the individual contract.
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(3) The technical and artistic design of the work to be performed by the Contractor is at the Contractor's sole discretion, unless otherwise agreed in the individual contract.

§ 3 Commissioning of Third Parties

(1) The Contractor is entitled to involve suitable third parties (e.g., assistants, digital operators, production designers, make-up artists, lighting technicians) to execute the order. The selection of third parties is at the Contractor's discretion.
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(2) The Contractor remains the sole contractual partner of the Client and is responsible for the services of the third parties commissioned by him as if they were his own.

§ 4 Conclusion of the Contract

(1) A contract between the Contractor and the Client is concluded when the Client accepts an offer from the Contractor or when the Contractor confirms an order placed by the Client in writing. A written conclusion of the contract is recommended.

(2) The contract, consisting of these GTC and the respective individual contract/service description, comes into force upon signature by both parties or upon acceptance of the offer by the Client.

§ 5 Duty of Cooperation of the Client

(1) The Client shall support the Contractor to the best of their ability in the fulfillment of their contractual obligations and provide all information and documents necessary for the execution of the order in a timely manner.

(2) The Client is particularly obliged to provide the cooperation acts agreed upon in the individual contract/service description (e.g., providing access, release of persons or objects, timely feedback) within the set deadlines.

(3) If the Client does not fulfill their cooperation obligations or does not do so in a timely manner, agreed deadlines for the Contractor shall be extended accordingly.

§ 6 Remuneration and Payment Terms

(1) The amount of remuneration (labor cost) and the payment terms are agreed upon in the respective individual contract/service description. The agreed remuneration applies; if it is not determined, the customary remuneration shall be deemed agreed.

(2) If agreed in the individual contract/service description, the Contractor may request down payments in accordance with § 632a BGB. The structure of down payments defined in the individual contract or service description (e.g., advance payment, partial invoices according to milestones) is binding.

(3) Unless otherwise agreed, invoices from the Contractor are due for payment without deduction within 14 days of the invoice date.

(4) The Contractor is subject to VAT. Statutory value-added tax will be charged in addition to the agreed net remuneration, unless the Client is entitled to assert the reverse-charge procedure.

§ 7 Delivery and Acceptance

(1) Delivery of the agreed services takes place in accordance with the deadlines and formats defined in the individual contract/service description. The Contractor will inform the Client of completion and make the services available for acceptance.

(2) Acceptance of the services takes place in accordance with the procedure agreed upon in the individual contract/service description (e.g., by releasing previews/rough cuts and final versions/selection of images). The Client is obliged to accept the services provided they meet the contractual requirements.

(3) Fiction of Acceptance in Case of Non-Cooperation: If a process for acceptance or feedback (e.g., feedback loops, image selection) is agreed upon in the individual contract, and the Client fails to fulfill their duty to provide feedback or declare acceptance within a reasonable period of at least 7 working days set in writing by the Contractor (including a reference to the consequences of non-cooperation), the respective services shall be deemed accepted. The Contractor will expressly point out this legal consequence to the Client when setting the deadline.

(4) Should the services exhibit defects, the Client must notify the Contractor of these immediately after discovery, providing a detailed description of the defects (notice of defects).

§ 8 Usage Rights

(1) The Contractor is the author of the photographs and videos created by him. He initially holds the exclusive exploitation rights.

(2) Upon full payment of the agreed remuneration, the Contractor grants the Client the usage rights specifically defined in the respective individual contract/service description for the created works. The scope of the granted rights (e.g., temporal, geographical, content-related, exclusive/non-exclusive, commercial/non-commercial) is determined exclusively by the agreements in the individual contract.

(3) Reservation of Self-Use for Portfolio and Self-Promotion: Regardless of the scope of usage rights granted to the Client, the Contractor reserves the right to use the works created by him (or parts thereof, such as still images) for his own information, presentation, and advertising (portfolio purposes). This right specifically includes use on his own website, in print portfolios, work folders, on his own social media profiles, at exhibitions, competitions, and for teaching purposes. This self-use is non-commercial in the sense of self-promotion and the acquisition of new orders and takes place free of charge and without temporal or geographical restrictions.

(4) A further transfer of the usage rights granted to the Client to third parties is only permissible if this has been expressly agreed in the individual contract.

(5) The Client is obliged to name the Contractor as the author in every public use of the works, unless a waiver of authorship naming was expressly agreed in the individual contract. The Contractor's right to be named as the author pursuant to § 13 UrhG (German Copyright Act) remains unaffected unless otherwise regulated by contract.

§ 9 Right to One's Own Image, Third-Party Releases

(1) The Client warrants that all consents necessary for the execution of the order have been obtained or will be obtained by the Client from depicted persons (right to one's own image), owners of depicted objects or locations (property releases), as well as from other rightsholders.

(2) If the Client is the person depicted, their consent to the use of the recordings for the portfolio purposes regulated in § 8 (3) of these GTC is deemed granted upon conclusion of the individual contract that includes these GTC.

(3) If persons other than the Client themselves are depicted, the Client is obliged to obtain the necessary model releases or release declarations from the depicted persons. The Contractor will provide standard templates for model releases upon request. The Client must inform the Contractor in advance of any restrictions regarding the use of recordings involving third parties.

(4) The Contractor is entitled to demand proof from the Client of the existence of the necessary releases, and the Client must present corresponding release declarations (e.g., model/property releases) upon request.

(5) The Client shall indemnify the Contractor against all claims by third parties that may arise from the use of the works created by the Contractor for the Client, provided the claims are based on missing or insufficient releases or the Client's use of the works in breach of contract.§ 10 Liability of the Contractor

(1) The Contractor is liable for damages based on a grossly negligent or intentional breach of duty by the Contractor or his vicarious agents.

(2) In cases of simple negligence, the Contractor is only liable for the breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable, contract-typical damage. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the Client may regularly rely.

(3) Liability for indirect damages, consequential damages, or lost profits is excluded, unless otherwise regulated in § 10 (1).

(4) The aforementioned limitations of liability do not apply to injury to life, body, or health, or to liability under the Product Liability Act.

(5) Particularities for Analog Photography and Other Technical/Human Errors: Despite the greatest possible care and professionalism, it may happen—particularly in analog photography or due to unpredictable technical or human errors—that individual or all recordings of a project are not usable. Should the agreed service not be provided or usable in essential parts due to the fault of the Contractor (including simple negligence), such as through incorrect exposure, defect of the storage medium, incorrect recording settings, etc., the Contractor shall offer, if possible and desired by the Client, a free re-shoot of the relevant part of the project. Further claims of the Client for damages are excluded in this case. If a re-shoot is not possible or not desired by the Client, the Client's claim is limited to a reduction of the remuneration for the affected part of the project or withdrawal from the contract regarding the affected part.

§ 11 Confidentiality

(1) The parties undertake to maintain silence regarding all confidential information that becomes known to them within the scope of the cooperation. Information that is expressly marked as confidential or whose confidentiality results from the circumstances shall be deemed confidential.

(2) The obligation to maintain confidentiality continues even after the termination of the contract.

§ 12 Force Majeure

If the Contractor cannot provide the agreed services or cannot do so on time due to circumstances for which he is not responsible (e.g., force majeure, sudden illness, accident, unpredictable weather conditions, travel restrictions), the Contractor will inform the Client immediately. In this case, the parties will endeavor to agree on an alternative date. Partial services already rendered are to be remunerated proportionally by the Client. Further claims by the Client do not exist in cases of force majeure.

§ 13 Jurisdiction and Applicable Law

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the Client is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Contractor's place of business.

§ 14 Severability Clause

Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the statutory regulation.