General Terms and Conditions of Nirina Krüger, as of 08.01.2019
1. scope of application
1.1. These terms and conditions (hereinafter referred to as GTC) apply to consumers in accordance with § 13 BGB and companies within the meaning of § 14 BGB for the provision of services and work by Nirina Krüger.
1.2. By placing an order, the customer acknowledges the validity of these terms and conditions for the business relationship between the parties. The terms and conditions also apply to all subsequent orders of the customer, without a further explicit inclusion of these terms and conditions required.
1.3. All regulations deviating from these GTC require in individual cases a separate written agreement of the parties. As far as the customer is a consumer, it is sufficient, in deviation from the above, for the advertisements or declarations to be made by the customer to Nirina Krüger or third parties in text form.
1.4. Deviating terms and conditions of the customer are only valid, as far as they are expressly recognized by Nirina Krüger in writing. This also applies if Nirina Krüger does not expressly object to the terms and conditions or terms of delivery of the customer or services provided without reservation.
1.5. Rates apply at the time of booking a photo shoot or other service. If certain discount or promotional offers are advertised, these are limited in time or quantity.
2. Conclusion of contract and subject matter of the contract
2.1. “Photographs” in the sense of these terms and conditions are all products manufactured by the photographer, no matter in which technical form or in which medium they were created or are available (for example printed pictures, negatives, data, digital pictures and albums, photo books, videos etc.).
2.2. The basis of the contractual relationship is the offer submitted by Nirina Krüger, including related service descriptions. The offer shall be valid for a period of four weeks from receipt of the offer by the customer, unless otherwise specified.
2.3. By accepting the offer, the customer accepts the terms and conditions contained therein and the validity of these terms and conditions. The acceptance can also be made by email or by phone.
2.4. The subject of Nirina Krüger’s commissioning by a client may be, for example, a wedding reportage, a engagement / couple photo shoot, a portrait photo shoot, a newborn shoot, a family reportage, a photo reportage, photographer seminars, workshops or individual coaching.
3. Modalities of service provision – photo production
3.1. For more extensive recordings or productions, the sequence between the two parties is roughly determined beforehand. If the customer has certain wishes, these are to be expressed to Nirina Krüger.
3.2. In particular, the customer must ensure that on the day of the agreed shooting the chosen location / place can also be used and photographed / filmed there. The customer has to take care of a corresponding consent, unless otherwise agreed in writing between the parties.
3.3. In the event that Nirina Krüger prepares a quote, it should be noted that this is a non-binding cost estimate, which was created based on the information and requests of the customer. Only after the end of the shootings can the actually incurred effort be determined and calculated.
3.4. In the event that it is necessary to involve third parties (such as stylists, make-up artists, assistants), Nirina Krüger is entitled to commission these third parties by order and on account of the costumer. In this case NO contract is concluded between Nirina Krüger and the third party.
3.5. The shots, which are shown to the customer after the photo production, are selected by Nirina Krüger. An individual agreement deviating from this principle is possible.
4. Modalities of provision of services – Provision of photographic material
This section regulates the case that customers are given pictures to view or the images are made digitally available to him so that the customer can make a selection.
4.1. All images are copyrighted photographs in accordance with. Section 2 (1) (5) UrhG.
4.2. The images are the property of Nirina Krüger. The customer is prohibited from using the viewing material and passing it on to third parties.
4.3. The customer selects from the transferred or digitally made images those that he wants to buy. The customer should make the image selection within 14 days of receipt.
This deadline also applies to a complaint. After expiry of this period, the photographic material is deemed to have been received in accordance with the contract and in a proper manner. The agreed purchase price is then due for all pictures.
4.4. A complaint concerning the technical realization or the artistic design is excluded.
4.5. Analogue images are to be returned immediately after use, at the latest after 1 month. Alternatively, the images can be purchased by the customer from Nirina Krüger. The return must be insured. The risk of loss or damage to the images shall be borne by the customer until receipt by Nirina Krüger.
4.6. Digital image data, which are made available only for viewing by Nirina Krüger and which the customer does not wish to acquire, must be deleted after expiry of the 14-day period (4.3) or the data medium must be destroyed. Alternatively, the period of use may be extended upon payment of a corresponding license fee.
5. Transfer of documents
5.1. Nirina Krüger reserves all rights to the documents transferred in the context of an order processing.
5.2. Nirina Krüger is not prevented from offering these services to third parties or using them for their own purposes. The customer is not entitled to use, process or use such services in any form whatsoever or as a basis for producing their own material. If and to the extent that no order is placed, the customer is obliged to return all presentation documents submitted by Nirina Krüger immediately or to delete them from existing data carriers.
5.3. Unauthorized disclosure of documents to third parties, their publication, distribution, duplication or other use by the customer or third parties commissioned by him, obligates the customer, without prejudice to any other claims of Nirina Krüger, to pay the intended fee for the relevant documents.
6. Cancellation of binding dates booked by the customer
6.1. As soon as the customer has received a confirmation email from Nirina Krüger, Nirina Krüger keeps this appointment free for the customer. She can therefore take no further offers for this time or this day.
6.2. For this reservation a reservation fee of 50% of the total amount (fees for shooting and usage fee) is due. The customer will receive the invoice for this amount after the confirmation email from Nirina Krüger. This reservation fee will be credited in case of processing the entire order. The reservation fee will be retained if the order of Nirina Krüger is canceled. It is to be considered as compensation that other orders for this date could not be accepted.
6.3. The cancellation of the shootings is possible up to 21 days before the agreed date without additional costs. The reservation fee will be withheld as described above.
6.4 In case of a cancellation 20 days before the agreed date, 50% of the agreed fee will be due.
6.5. If canceled 14 days before the agreed date, the full amount will be due.
6.6. If the customer books at a later date – within a calendar year – an equivalent shoot, the cancellation fees paid will be credited.
6.7. Exceptions to this are cancellations of wedding reports or an after wedding shoot, due to a serious illness (newlyweds) or death (family). A review / proof of the situation is at the discretion of the photographer. The cancellation of the shootings is possible without additional costs. The reservation fee will be withheld as described above. If the customer books at a later date – within two calendar years – an equivalent shoot, the paid reservation fees will be credited.
6.8. If the shooting is canceled by the customer, for whatever reason, the full fee (shooting fee and fee for the images created) is due. If no pictures could be taken, only the shooting fee is due.
7. Cancellation by Nirina Krüger – Changes in the shooting process
7.1. If Nirina Krüger can not carry out the order due to force majeure, accident, or illness or does not deliver pictures at a previously specified deadline, the customer waives claims for damages.
7.2. Nirina Krüger will endeavor to look for a replacement photographer if the client’s booked (and canceled due to reasons given in 7.1.) shoot is a wedding. Should the replacement photographer cause higher costs, these are to be borne by the customer. In the event that the replacement photographer, after accepting the order in turn canceled, Nirina Krüger is not liable.
7.3. Insignificant changes in the shooting process or a reasonable transfer of the shooting location do not entitle to price reduction or withdrawal from the contract. If a shoot has to be canceled, Nirina Krüger will reimburse amounts already paid. Further claims are excluded, except in cases of intentional or grossly negligent behavior of employees or other vicarious agents of Nirina Krüger.
8. Taking pictures at events
8.1. When taking pictures during events Nirina Krüger points out that the customer (wedding couple, organizer, etc.) has to ensure that the participating guests are informed that the event will be photographed or filmed. If guests do not wish this, they must inform the organizer.
8.2. The customer (organizer) has to inform Nirina Krüger about it and has to make sure that these persons are not visible in group pictures etc.
8.3. If the customer omits the in 8.2. described information and consent according to Art. 6 (1) sentence 1 (a) GDPR of his guests and / or Nirina Krüger, the customer exempts Nirina Krüger from all claims asserted by third parties regarding a violation of their personal rights.
8.4. In addition, the customer must clarify in advance whether in the respective locality (hotel, guest room, church, etc.) may be photographed or filmed. He/she has to obtain the consent of the owner. A corresponding sample form can be sent to the customer on request. without any liability being assumed by Nirina Krüger.
8.5. If the customer fails to meet this demand and the owner or a legitimate third party prohibits the photo shootings by Nirina Krüger, the customer has to bear all agreed fees.
8.6. If other photographers or videographers are commissioned in addition to Nirina Krüger, this must be notified in writing to Nirina Krüger at least 14 days before the event / wedding. In addition, the client must provide the contact details of the other service providers so that an agreement on the work can be made side by side. If no agreement can be reached here, the customer must clarify in advance what the task sharing should look like. A complaint that is due to the other photographers or videographers is excluded, this also applies to photographing and filming guests.
9. General information for our shootings
As a customer of Nirina Krüger, we ask you to read the following notes carefully and to observe them:
9.1. They should appear punctually to the agreed date and meeting place. If you are late, this time will be deducted from the recording time. It is up to Nirina Krüger to deviate from this on an individual basis. For babyshoots the following applies: So that you and your baby can come to the shoot in peace, we always have a time buffer of 30 min. planned in.
9.2. Nirina Krüger assumes no liability for any valuables brought along.
9.3. Please remember to bring enough food (drinks and a snack) for a break during a longer shoot.
9.4. Newborn photo shoots should be in the first 14 days after birth
takes place and generally done until the 3rd month of life.
9.5. The photo shoot takes place at the customer’s home (then additionial travel costs apply).
9.6. Babyshootings: If the baby has a very bad day and cries again and again, we cancel the shoot and make a new appointment. We charge a small cancellation fee of 50 €.
9.7. Baby and children’s shootings: Please also think about changing clothes for your baby / child and for yourself.
9.8. Baby and child shootings: During the entire shoot, the baby / child / childrem is under the supervision of the parent.
9.9. Petshooting: The animal / the animals should be fed and had previously had enough spout. In addition, you should bring a fur brush, wet wipes, a favorite toy and food or treats. If certain accessories are to be included, please bring these with you. Please practice with your pet (dog) the commands “seat”, “place” and “stay” before. Otherwise, it is not possible to perform a corresponding photo shoot.
In particular, it should be noted that the implementation of previously agreed motives can not be guaranteed. Depending on how the animal to be photographed reacts, there is the possibility that certain subjects can not be asked.
9.10. Petshooting: The customer is responsible for his animal before and during the photo shoot. Any resulting damage must be borne by the customer.
9.11. For outdoor photo shoots, the above applies accordingly. In addition, it is important that the weather is good. Therefore, it may be that an agreed date must be canceled due to weather conditions at short notice.
9.12. If the animal has a strong hunting instinct, is a very timid animal or has other special features, please let us know in advance. We will then try accordingly to find a very quiet and somewhat remote location.
9.13. Horse photo shoots require that you bring at least one other person to take care of the pet. In addition, you should bring a lungier and food / treats.
9.14. There are enough breaks scheduled so that the animals can also recover accordingly.
9.15. Please also think of changing clothes for yourself at all animal photo shootings.
9.16. The customer is responsible for the health of the animal during the entire photo shoot. Should there be any health problems during or after the photo shoot, Nirina Krüger is not liable – except in cases of intent and gross negligence.
9.17. The customer is obliged to cooperate in the event of performance disruptions within the scope of the statutory provisions, to avoid or minimize any damage. In particular, any complaints must be brought to the attention of the respective photographer immediately. If the customer culpably omits to indicate a defect, he thereby forfeits his claim to a reduction of the remuneration.
9.18. Photographs – straight in the so-called outdoor area – are never without a residual risk. The customer is insured against an accident and recovery only within the scope of his own accident insurance. Nirina Krüger assumes no liability for this.
10. Processing of the pictures made
10.1. The pictures are generally optimized by Nirina Krüger. Extensive retouching on the number of contractually agreed images represents a high outlay, which the customer must separately commission and also remunerate.
10.2. The customer has after sending or providing the access option once the opportunity to express wishes regarding a different processing, as far as the submitted processing does not correspond to the usual style of Nirina Krüger. About the usual style, the customer can get an impression based on the images shown on the website / Facebook page accordingly.
10.3. A right of reclamation exists regarding the edited pictures for 14 days. After transferring the photographs or accessing the image files, the customer must notify Nirina Krüger of any complaints within 14 days in writing (email is sufficient). After this period, the customer has taken the pictures as duly and in accordance with the contract, so that the payment for all pictures is due.
11.1. The customer can buy vouchers from Nirina Krüger. With the voucher the buyer acquires a credit for services of Nirina Krüger. The vouchers can be used by anyone presenting the voucher. A cash payment is excluded. If the voucher shows only a service without monetary value, it is limited to the validity stated on the voucher. After expiration, the value of the voucher will be credited to the price list valid during the shoot.
11.2. The validity of the vouchers is max. limited to 3 years after issue.
12. Rights of Use and Copyright
12.1. Nirina Krüger is the copyright holder to all created photo and video recordings under copyright law.
12.2. Photographs are generally created for the private use of the customer. The customer receives a simple, non-transferable, temporally and spatially unlimited license to privately use the images made for him and pass them on to the family and friends.
12.3. In the case of applications, sending to third parties is the usual use.
12.4. Reproduction, processing and distribution of photographs is not permitted.
12.5. Similarly, a use as a profile picture in social media is permitted, provided that the correct copyright identification takes place.
12.6. If the customer wishes to commercially use the photographs, e.g. for its corporate website, commercials, flyers and social media, this must be separately agreed under a license agreement. It indicates for which purposes the rights of use are transferred.
12.7. Nirina Krüger grants the customer the rights of use of the intellectual property rights of the services provided by Nirina Krüger exclusively for the specifically agreed use. The scope of such rights shall be determined in terms of location, time and content exclusively according to the contractual agreement and the purpose of the contract. § 31 Abs. 5 UrhG also applies to all non-copyrighted services. A transfer of rights takes place only if this is expressly agreed in writing. The customer acquires the contractually agreed rights only with full payment of all claims from the order.
12.8. If the customer requests an extended right of use or the original files from the photographs for further processing after completing the order, Nirina Krüger must be informed or the file must be requested. For the extension user fees apply, which are to be calculated depending on the extent of the right of use. When providing an original file, the double compensation of the previous order can be charged as compensation.
12.9. Nirina Krüger retains the ownership of the negatives, the raw files of the images, as well as digital data carriers created for the execution of the customer order.
12.10. Upon request by Nirina Krüger, the customer is obliged to inform Nirina Krüger about the extent of the use of the services.
12.11. For publications, the customer will nominate Nirina Krüger in the usual way as the author. For publications, the customer will appoint Nirina Krüger as the author: Nirina Juliana Photography – www.nirinajuliana.com or @nirinajuliana on Instagram.
The designation of the copyright must be made directly on the picture. The copyright has to be given in the imprint. A publication in the social media is permitted only for private purposes. Deviations from this principle must be agreed separately between the parties and are also chargeable.
12.12. The transfer of the rights granted to the customer to third parties or use for purposes other than those contractually agreed requires the separate written consent of Nirina Krüger in individual cases.
12.13. Originals (RAW) and negatives remain the property of Nirina Krüger, unless otherwise agreed.
13. Customer images that were not created by Nirina Krüger and their processing or further processing
13.1. If the customer submits or sends his own images for further processing or product production, Nirina Krüger has a copyright on the created product, the copyright of the image lies with the customer.
13.2. The customer declares to be the originator of the pictures when sending the pictures. If you are not, you are liable to us that you may use the images without restriction in the context of the above rights of use. In that regard, you exempt Nirina Krüger from any claims by third parties.
13.3. Nirina Krüger is entitled to check the image files submitted or submitted by the customer for processing to see if they violate Nirina Krüger’s corporate policies (for example, no nude photos). In this case Nirina Krüger is entitled to destroy the pictures and not to execute the order. There is no obligation to check for compliance with statutory provisions or other regulations by Nirina Krüger.
13.4. A liability of Nirina Krüger for the images / videos provided by the customer is excluded. The customer exempts Nirina Krüger from any liability, including the costs of necessary legal defense against third parties, for such content.
13.5. If services of Nirina Krüger are not usable in whole or in part on the basis of the pictures provided by the customer, the claim of Nirina Krüger for remuneration remains unaffected.
13.6. If the customer leaves files of images to Nirina Krüger to carry out an order (for example printing on a T-shirt, mobile phone case, key fob), Nirina Krüger is granted a simple right to use the image files for the purpose of manufacturing the products. This includes the editing of the pictures.
14. Duty to cooperate – deadlines and force majeure
14.1. For Nirina Krüger intended delivery dates and deadlines for the transfer of images are always non-binding and only binding if they are expressly agreed in writing in an individual case as a fixed date. Nirina Krüger endeavors to provide the pictures within 6 weeks.
14.2. Nirina Krüger’s observance of an appointment or a binding deadline presupposes that Nirina Krüger has received in good time all information, releases or other contributions, including due installments, to be procured by the customer. If this is not the case or if the non-observance of a deadline is based on circumstances for which Nirina Krüger is not responsible, the period is extended at least for the period in which these circumstances existed.
14.3. Force majeure, unavoidable circumstances or other unforeseeable, serious and culpable events which make the provision of the service substantially more difficult or at times impossible entitle the respective party to postpone the fulfillment of the service by the duration of the hindrance and a reasonable start-up time.
15. Remuneration modalities – user fees
15.1. Billing is based on the fees stated in the respective offer by Nirina Krüger. The indicated prices are without VAT, as Nirina Krüger is exempt from VAT.
15.2. If no fee has been agreed, the fees of the current German tariff commision of the SME community photo marketing (MFM) apply. These prices are exclusive of the statutory value added tax (exemption based on small business regulation §19 UStG).
15.3. Other costs, such as travel expenses, accommodation costs, expenses, material and laboratory costs are not included in the fee and must be borne by the customer in addition.
These costs are calculated as follows:
- Travel expenses: 1 € per started kilometer or respectively the booked tickets with public transport, airplane or the like
- Overtime: 150 € for every half hour started
- Make-up / stylist
- Accommodation costs
15.4. The customer is not entitled to assert or set off a right of retention against payment claims of Nirina Krüger; unless it concerns uncontested or titled counterclaims of the customer.
15.5. Insofar as the customer uses services provided by Nirina Krüger to a greater extent than intended at the time of the conclusion of the contract so that the agreed remuneration is conspicuously disproportionate to the income and benefits resulting from the use of the services, the customer is obliged to change the contract upon request to agree to a reasonable compensation of Nirina Krüger according to the circumstances.
16. Invoicing, retention of title
16.1. Nirina Krüger is entitled to charge an installment payment of 50% of the agreed or expected compensation after placing the order. Incidentally, Nirina Krüger is entitled to bill the customer for advance payments already made for partial services.
16.2. Invoicing by Nirina Krüger takes place after provision of the partial or total service.
16.3. Until full payment of the order, Nirina Krüger reserves all property rights and usage rights to the work results, the products already handed over to the customer or other services.
16.4. Invoices are payable within 14 days or, depending on the shooting agreement, the amount is due on the day of taking the photo and must be brought in cash on the agreed date. Later photo orders etc. can be paid by Paypal or bank transfer to Nirina Krüger. After expiry of the aforementioned period, without prejudice to other claims, Nirina Krüger shall be entitled to claim default interest in the amount of the respectively relevant paragraph of § 288 BGB.
17. Transfer of the contract
17.1. Nirina Krüger is entitled to call subcontractors to provide the agreed services or parts thereof in its own name, without the need for separate approval from the customer. The liability of Nirina Krüger for the services remains unaffected.
18.1. The parties to the contract shall maintain confidentiality with regard to all information that they are required to disclose to them in the course of the contractual relationship and will only use it to third parties in agreement with the other party in writing.
19. Liability of Nirina Krüger and limitation period
19.1. Nirina Krüger is not liable to the customer, except in cases of injury to the body, life or health and in case of breach of primary obligations, for damages only in case of intent or gross negligence.
19.2. Incidentally, the liability of Nirina Krüger is limited to typical and foreseeable damages. A reimbursement of foreseeable, typically resulting damage is also limited to a maximum of 5 times the amount of the order. Liability for indirect damage is excluded.
19.3. Every photographer has his own artistic style. On the website of Nirina Krüger, as well as on the Facebook page, the Instagram profile and in the preliminary talk, the customer can get an idea of it and express their own wishes beforehand. The artistic and technical design is the sole responsibility of Nirina Krüger. If the customer subsequently disagrees with the technical and / or artistic design, there is no material defect i.S.d. § 434 BGB and § 633 BGB justified.
19.4. Nirina Krüger is not liable for the violation of rights of depicted persons or things – unless there is a corresponding Property Release.
19.5. Nirina Krüger is not liable for damages claims of third parties against the customer, which arise from the connection between images and text created by Nirina Krüger. The representation of images in a specific context is the sole responsibility of the customer.
19.6. If Nirina Krüger is claimed by third parties for injunctive relief or damages due to processed images that the customer has taught, the customer indemnifies Nirina Krüger from liability and reimburses Nirina Krüger for all expenses incurred in defense of the law. The remuneration claim of Nirina Krüger remains unaffected.
19.7. For damage to Nirina Krüger provided by the customer documents, especially photographs, films, data, etc., the liability of Nirina Krüger is limited to the material value of the information provided. Nirina Krüger is only liable for the loss of data if the liability requirements are met and insofar as the loss could not have been avoided by adequate data protection measures by the customer.
19.8. Nirina Krüger is not liable for the availability or correct functioning of infrastructures, software or transmission paths of the Internet, which are not the responsibility of Nirina Krüger.
19.9. All claims for defects by merchants against Nirina Krüger are subject to a limitation period of one year, except in the case of intent, insofar as no shorter statutory period of limitation applies.
19.10. All claims for warranty of defects against consumers against Nirina Krüger become statute-barred after a period of two years, unless they are intentional, unless a shorter statutory limitation period applies.
19.11. The above limitations of liability apply mutatis mutandis to employees or legal representatives of Nirina Krüger as well as third parties who have been engaged by Nirina Krüger.
20. Negative storage and image quality liability
20.1. The photographer may keep the negatives for up to 3 years, if he has obtained permission to do so. Following this, he is obliged to delete them irrevocably.
20.2. For light stability and the quality of material, Nirina Krüger is liable only within the framework in which the manufacturer offers a corresponding guarantee.
21. Damages and penalty
21.1. For an omitted or incorrect copyright identification or an incorrect placement of the marking, the customer is obliged to pay a surcharge of 100% of the agreed usage fee or a customary usage fee to Nirina Krüger.
21.2. Subject to further claims for damages, the customer has, for each case of the unauthorized (without written consent of Nirina Krüger) disclosure to third parties, unauthorized falsification and processing, publication and use of the image material by the customer or a third party, a contractual penalty in the amount of four times the agreed or to pay the usual usage fee.
22. Severability clause, place of jurisdiction and place of fulfillment
22.1. If any provision of these terms and conditions be wholly or partially invalid or unenforceable, the validity and enforceability of the other provisions shall not be affected. The invalid or unenforceable provision shall be deemed replaced by an effective or enforceable provision which comes closest to the purpose of the ineffective or unenforceable provision.
22.2. Nirina Krüger does not participate in a dispute settlement procedure before a consumer arbitration board.
22.3. Place of performance is Duesseldorf. If both parties are merchants within the meaning of the German Commercial Code, the place of jurisdiction for all disputes arising from the contractual relationship between the parties is Duesseldorf.
22.4. The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN sales law incorporated into German law if
- the customer has his habitual residence in Germany, or
- the customer has his habitual residence in a state which is not a member of European Union.
22.5. If the customer is consumer in accordance with § 13 BGB and has his habitual residence in a member state of the European Union, also applies the applicability of German law, whereby compelling provisions of the state in which the customer has his habitual residence remain untouched.
As of: 08.01.2019