Terms and Conditions Photoshooting

Definitions:

For the purposes of this agreement, “The Photographer” is Valerio Agolino trading as Fotostudio Dolce Vita and “the Client” is any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer. “Images” means any images furnished by The Photographer, whether photographs, prints or other type of physical or electronic material”.

Acceptance of  Terms and Conditions:

All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.

Copyright and Ownership of Materials:

The entire copyright, title, and intellectual property rights of any Images will remain that of The Photographer at all times throughout the world.

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Right to a Credit

The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit (where possible).  Please credit “Valerio Agolino Fotograf”.

Use

Images are to be used as agreed at the time of booking and at the time of agreeing the fee. The licence to use is limited to the use and period of time specified on The Photographers booking form and no other use may be made of the Images without the Photographers express permission. An agreement must be reached with The Photographer before Images are used for any other purpose or after the licence to use has expired.  

Client Approval

Client is responsible for having its authorized representative present during all “shooting” phases of the Assignment to approve Photographer’s interpretation of the Assignment. If no representative is present, Photographer’s interpretation shall be accepted. Client shall be bound by all approvals and job changes made by Client’s representatives.

 Exclusivity

The usage rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties (save for the purpose of the work by the Client of such reproduction/usage rights/PR).

The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

The Photographer retains the right in all cases to use the Images covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.

Client confidentiality

The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him, save as to be reasonably necessary to enable the Photographer to carry out his obligations in relation to the work

Booking

The Client will be required to complete a Booking Request (via email or hardcopy). On receipt of a completed booking form, The Photographer will send an email as confirmation. The booking will then be considered Confirmed.

Once the Client has made a booking for a specific time and date and this date/time has been Confirmed by The Photographer, The Photographer will not accept any other work from other clients for those times and dates.

Cancellation or Postponement by the Client

When a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule:

  1. When a client cancels photography within less than 7 days business of any confirmed date, a fee of 20% of the booked time rate will be charged.
  2. When a client cancels photography within less than 24 hours of any confirmed date/time, a fee of 50% of the booked time rate will be charged.
  3. When a client cancels photography on the day of the confirmed date, the full fee will be charged.  

When a booking is confirmed, if it is subsequently postponed, the Photographer will at his discretion charge a fee for postponement.

In addition, the client may be charged for any expenses incurred by The Photographer as a result of cancellation or postponement.

Cancellation by the Photographer

The Photographer will endeavour to put the Client in touch with another photographer in the event The Photographer is unable to attend on booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of such cancellation by The Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time.

Rejection

Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.

Charges and Timings

If The Photographer provides a quote to The Client, the fee will be charged at that agreed rate. The Photographer generally requests a brief at the time of booking (via email or verbally). 

Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original brief by the Client or otherwise at their request, the Photographer will reserve the right to charge the Client extra expenses and fees.

If The Client changes the length of the job, the fee will increase as per the agreed hourly rate. If The Client is delayed or running late and the job runs into extra time again the fee will increase as per the agreed hourly rate.  The Photographer will make The Client aware of timings and should the work run into extra time he will make the client aware of this and the associated costs.  There is a mutual understanding between The Client and The Photographer that punctuality is important and respected by all parties.

If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief it will be made clear to the Client that The Photographer’s fee may increase. If the Photographer is unable to contact the client/payer of invoice at that time work will stop until contact has been made.

On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client.

If on arrival at a booked job there is an issue (outside of the Client or Photographer’s control) such as bad lighting or restrictions are in use of where the shoot is taking place, a fee may be charged to cover time.

Quoted fees include mileage up to 50 km round trip. Additional kilometers will be charged at 45 cent per km thereafter.

Any congestion charges, road toll charges and parking costs will be billed to the client as a Photographer expense and will be added onto the invoice.

Payment Terms and Payment

Payment terms are strictly 30 days from the date of the relevant invoice unless agreed in advance and in writing;

The Photographer reserves the right to charge interest at the rate from the due date until the date payment is made.

If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 28 days from the issue date, and that The Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

Bank details will be provided on the invoice.

Reshoots

Client will be charged 100% of Photographer’s fee and expenses for any reshoot required by the Client. For any reshoot required because of an act of God or the fault of a third party, Photographer will charge no additional fee and Client will pay all expenses. If Photographer charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expenses covered by insurance. A list of exclusions from such insurance will be provided on request.

Liability and Indemnity

It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture.  In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify The Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.

Archiving of Images

All final images will be stored and archived by The Photographer for 1 year.  If archived photographs are required after that time or additional storage time is required an admin. fee may be charged.  If The Photographer loses images stored in archive or they are stolen, The Photographer is not liable beyond 1 year of storage.  Within 1 year, The Photographer is liable to the cost of the originals (a return of the original fee).

 Applicable Law

This agreement shall be governed by the laws of Bayern and Germany

Variation

No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

Shooting rights for the Pictures

In valuable and good consideration of my engagement as a model (the Participant), upon the terms herewith stated, I hereby give to Valerio Agolino (the Photographer/Filmmaker), his heirs, legal representatives and assigns, those for whom The Photographer/-Filmmaker is acting, and those acting with his authority and permission:

  1. The unrestricted right and permission forever to copyright and use, re-use, publish, and republish photographic and Video portraits or pictures of me or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
  2. I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer/Filmmaker and Assigns. I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to Photographer/Filmmaker and/or Assigns.
  3. I also permit the use of any text material in connection therewith (except pornographic or defamatory). I acknowledge and agree that I have consented to publication of my ethnicity(ies) and gender as indicated below, but understand that other ethnicities or gender may be associated with me by the Photographer/Filmmaker and/or Assigns for descriptive purposes.
  4. I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
  5. I hereby release, discharge and agree to save harmless the Photographer/Filmmaker, his heirs, legal representatives or assigns, and all persons functioning under his permission or authority, or those for whom he is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
  6. I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns. I am also aware that these terms are subject to negotiation, deletion or addendum, which may be valid if handwritten on this release and initialed and dated by both parties (The Photographer/Filmmaker and Undersigned) next to the modification or any modification that is typed and signed by both parties. Modifications may be implied by any releases/contracts with my employer without my notice by the Photographer/Filmmaker.

Angaben gemäß § 5 TMG

Fotostudio Dolce Vita
Bayerstraße 77b – 80335 München

Valerio Agolino Geschäftführer
Max Planck str. 6.
81675 München

Steuer Nr.: 144/102/90929

Ust IdNr.: DE323059144

Kontakt

Telefon: 0176 58620169
E-Mail: info@fotostudio-dolcevita.de

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