Terms and Conditions April 2, 2018 6:05 pm
1. The following words or expressions shall have the meanings stated: "the Photographer" means Peter Fauland trading as Peter Fauland Photography. "the Customer" means the person identified as the customer on a Booking Form. "Booking Form" means a form, a written request or a request sent via e-mail (whether or not printed on the reverse of these Terms and Conditions) completed by the Customer by which the Customer instructs the Photographer to create Material. "Material" means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer. In case of a workshop given by the Photographer "Order" refers to the arrangement of an appointment for such a workshop. "Order" means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer. "Price" means the price for an Order as set out on a Booking Form.
2. Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.
3. Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer's rights in the Material, save as:
3.1 specifically set out in these Terms and Condition or
3.2 may otherwise be agreed by the Photographer in writing.
3.3 All Material published on this website is protected by International law. Any use not agreed on in writing is considered a Copyright violation and will be prosecuted.
4.1 In consideration of the Price the Photographer will undertake such work as is necessary to fulfil the requirements of an Order.
4.2 In consideration of the Photographer's agreement in paragraph 4.1 above the Customer will pay the Price in accordance with the provisions set out in paragraph 5 below.
5. An Order shall be subject to the following provisions:
5.1 The Photographer shall be entitled to require a deposit payment on account of the Price in such sum as may be agreed between the Photographer and the Customer prior to the taking of any steps to create any Material. Usually 50 percent of the total price of the package are requested as a deposit payment, if not otherwise agreed on in writing.
5.2 In the event of a cancellation of an Order by the Customer within 48 hours before the agreed on time, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer shall, in any event, be entitled to retain the deposit paid and/or agreed.
5.3 The Photographer shall be entitled to agree to regard any Order that is not evidenced in writing as invalid. An Order can be also given via e-mail. Here the time stamp and digital signature shall be effective as proof. For reasons of doubtlessness e-mail exchange between the Customer and the Photographer are stored.
5.4 The Photographer licences the Customer to utilise the Material produced as a result of the Customer's Order to the extent set out in writing, or agreed on via e-mail, between the Customer and the Photographer. Any breach of such licence shall automatically revoke such licence without further notification from the Photographer. Any material handed over to the Customer on DVD or CD is licensed to be utiized for the Customers personal use only. The same applies to all material made accessible to the Customer via a personalised web-gallery ("Client Access"). The Customer is responsible to keep the access data secure. The creation and sale of enlargements of material from these media is prohibited.
5.5 Unless specifically otherwise agreed in writing between the Photographer and the Customer, the Photographer is entitled to utilise Material ordered by the Customer for advertising, marketing and promotion of the Photographer's business.
5.6 The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.
5.7 Save as otherwise agreed between the Customer and the Photographer, the Photographer shall be entitled to use his judgement regarding the style and artistic input in the production of Material.
5.8 The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfil his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
5.8.1 In the case of unfavorable weather conditions or an insufficient amount of participants the Photographer is offering a new date for the execution of the workshop. No reimbursement of the price or advance payment for the workshop are given to the customer.
5.8.2 Workshop participants can recline from the event free of charge up to three days before the fixed date and ask for another date. Afterwards a cancellation fee of 50 percent of the agreed event price is due. It's also possible to give the place to a third person. In case of cancellation of a voucher 50 percent of the sales price are retained. Instead of cancelling the voucher can be transferred to a third person without any further cost. In case of not showing up without cancellation latest 24 hours before the event, the full workshop price is due. The date of receipt of the written notice by the workshop participant is decisive in determining timeliness of the termination. Not showing up on the day of the event does not count as cancellation or demission.
5.8.3 The premature termination of a multi-day workshop by the participant does not entitle to a (partial) refund of payments already made.
5.9 On completion of the Photographer's obligations under an Order, the Photographer shall deliver an invoice for the Price to the Customer and the Customer shall pay the Price (or any balance of it) within 15 days of the date of the invoice. Any sum outstanding after the expiry of 15 days shall have the following consequences:
5.9.1 Together with the sending out of a demand note an additional fee of 25 percent of the original amount is due.
5.9.2 In case of a non-payment within one week after this demand note legal actions are to be expected.
5.9.3 Any licence granted by the provisions of paragraph 5.4 above shall be automatically revoked and shall only be capable of reinstatement upon payment of any outstanding sum plus additional charges and any other costs incurred by the Photographer.
6. The contractual relationship between the Photographer and the Customer shall be governed by the laws of Germany.
7. An Order, as evidenced by information on the Booking Form (written or via e-mail) and as governed by and together with these Terms and Conditions shall form the entire agreement between the Photographer and the Customer, save as otherwise agreed in writing.
Peter Fauland, Berlin, Germany
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