Terms and Conditions

Scope of Application

The following General Terms and Conditions (GTC) apply to all orders, offers, deliveries, and services provided by the photographer Sascha Vojticsek. They are considered agreed upon if not objected to immediately, but no later than upon acceptance of the offer or receipt of the photographic services.

1. Payment Terms

Invoices are payable within 14 days of receipt without deduction. The delivered images remain the property of the photographer until full payment has been made.

2. Deposit & Cancellation (Cancellation Fee)

Upon written confirmation of the offer, a deposit in the amount of the agreed percentage (usually 30% to 50% of the estimated total fee) is required. The order is only considered bindingly reserved upon receipt of the deposit. In the event of a cancellation by the client, any deposit already paid will be offset against the cancellation fees defined in Section 2.1 as well as any incurred third-party costs. Any remaining balance will be refunded; if the cancellation fee exceeds the deposit, the difference will be invoiced.

2.1 Cancellation Fees

If the client withdraws from the contract prior to the agreed photo shoot date, the following cancellation fees (based on the agreed total fee) shall apply, provided the date cannot be otherwise booked:

• Up to 14 days before the date: free of charge.
• Up to 10 days before the date: 25% of the total fee.
• Up to 5 days before the date: 50% of the total fee.
• Less than 48 hours before the date: 100% of the total fee.

Regardless of the time of cancellation, all third-party costs already incurred and non-cancellable up to that point (e.g., rental costs for equipment, studio, transport, or booked personnel) must be borne 100% by the client.

3. Raw Data & Image Formats

The handover of undeveloped raw data (RAW files) is generally excluded. The client will exclusively receive final edited image files in high-resolution JPEG format, unless deviating file formats have been agreed upon in writing in advance.

4. Copyright & Attribution

The photographer is entitled to the right of attribution in accordance with Section 13 of the German Copyright Act (UrhG). Any public use or publication of the images (both analog and digital) requires clear and assignable attribution (e.g., "Photo: Sascha Vojticsek"). In the event of failure to provide attribution, the photographer reserves the right to charge a surcharge of 100% of the agreed usage fee and to take legal action.

5. Usage Rights & Buyouts

Unless expressly agreed otherwise in writing, the client receives simple usage rights for the contractually intended purpose. Any commercial use going beyond this, which serves the purpose of direct profit generation or large-scale advertising campaigns (e.g., resale, merchandising, worldwide print campaigns), strictly requires a separate buyout agreement and separate remuneration.

6. Self-Promotion (Portfolio Usage)

The photographer reserves the right to use the resulting image material for self-promotion without temporal or spatial restrictions (e.g., for their own portfolio, website, social media, or exhibitions). If the client wishes to restrict this right (e.g., embargoes until a launch), this must be agreed upon in writing in advance.

7. Artistic Freedom

When executing the order, the photographer has absolute artistic freedom regarding image conception, lighting, and final image editing (color grading/retouching). Complaints regarding the artistic execution and image style are excluded. If the client subsequently requests changes that deviate from the photographer's typical signature style, these must be remunerated separately.

8. Suspensive Condition of Usage Rights

The granting of any usage rights is subject to the suspensive condition of full payment of all invoiced fees and additional costs. Prior use is not legally permitted.

9. Duty of Cooperation & Third-Party Rights

The client ensures that photography is permitted at the respective locations and sets. The client is also responsible for obtaining the necessary consent (model releases) from all photographed persons as well as any necessary permits for photographing brands, designs, or protected works. The photographer shall be fully indemnified against any claims for damages by third parties resulting from the absence of these rights.

10. Limitation of Liability & Data Loss

The photographer is only liable for damages caused by intentional or grossly negligent behavior. In the event of loss or damage to image data (e.g., due to technical defects in storage media or cameras), liability is limited to the refund of the fee paid.

11. Image Editing & Revision Rounds

The agreed fixed fee includes two (2) revision rounds (feedback loops) for final image editing and retouching as standard. These encompass adjustments within the agreed briefing and the artistic freedom of the photographer. Any further requested revision round or subsequent change request going beyond these two rounds is not included in the base price. Such additional work will be remunerated separately at a customary industry hourly rate after prior agreement and invoiced accordingly.

12. Acceptance & Fiction of Acceptance

The client is obliged to review the delivered final image data or drafts within 14 days of receipt and to accept them in writing or to report defects within the scope of the included revision rounds. If the client does not respond within this period, the photographic service is considered to have been provided in accordance with the contract and fully accepted (fiction of acceptance). If further change requests are made after the explicitly declared or fictional acceptance (due to expiration of the deadline), these constitute a new order. Such subsequent adjustments will be invoiced separately at a customary industry hourly rate after prior agreement.

13. Warranty for Defects

The client's warranty claims require that they have checked the delivered image data immediately upon receipt and reported obvious defects in writing without delay, but no later than within the period defined in Section 12. A material defect only exists in the case of significant technical errors (e.g., damaged files or faulty data transmission). Deviations resulting from the artistic freedom of the photographer (see Section 7) are expressly not considered a defect.

If there is a defect for which the photographer is responsible, the photographer must first be granted the opportunity for supplementary performance (e.g., through renewed retouching or data transmission) within a reasonable period. The choice of the type of supplementary performance lies with the photographer. If supplementary performance fails, the client may demand a reasonable reduction of the fee. Withdrawal from the contract is only permissible in the event of significant, unresolvable defects.

The limitation period for defects and other claims is one (1) year. This shortened limitation period does not apply to claims resulting from intent, gross negligence, or injury to life, body, or health.

14. Archiving of Image Data

The photographer is not obliged to archive the digital image data (neither RAW nor JPEG files) after final acceptance by the client. The timely and secure backup of the delivered files is the sole responsibility of the client. If the client wishes for a longer, secure archiving by the photographer, this must be separately agreed upon and remunerated.

15. Additional Costs & Travel Expenses

Costs and expenses incurred for the execution of the order (e.g., material costs, props, studio rentals, model fees) are not included in the fee and shall be borne by the client. For orders taking place outside the photographer's direct catchment area, any travel expenses incurred (travel costs, flights, rental cars) as well as any necessary accommodation expenses shall be borne by the client upon prior agreement. Travel costs using a private vehicle will be billed at the statutory mileage allowance.

16. Final Provisions & Jurisdiction

The laws of the Federal Republic of Germany shall apply. The place of jurisdiction for all disputes arising from the contractual relationship is Berlin, provided the client is a merchant, a legal entity under public law, or a special fund under public law. Should a provision of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions (severability clause). The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.