Legal notice

All content is protected by copyright. Any use of content, in whole or in part, is permitted only with prior written consent.
No liability is assumed for the content of linked external websites.

Portrait photograph of Tabea Marten:
Vivian Werk, Berlin 2026

General Terms and Conditions
I. General

These General Terms and Conditions (GTC) apply to all contracts between the photographer/videographer (“Contractor”) and the client.
Any deviating terms and conditions of the client shall only become part of the contract if their validity is expressly confirmed in writing by the Contractor.
“Photographs” within the meaning of these GTC include all works created by the Contractor, regardless of their form of production or storage (e.g. negatives, slides, prints, digital files, videos).

II. Copyright and Rights of Use

The Contractor is the holder of all copyrights and related rights to the photographs created in accordance with the German Copyright Act (UrhG).
Upon full payment of the agreed fee, the client is granted a simple, non-transferable right of use within the agreed scope. Any transfer to third parties or sublicensing requires the prior written consent of the Contractor.
Private use (e.g. private albums, private social media posts) is permitted unless otherwise agreed. Commercial use (e.g. advertising, sales, sponsorships, marketing campaigns) requires a separate agreement.
Any editing, modification, or further processing of the photographs (e.g. filters, retouching, collages, or AI-based editing) is permitted only with the prior written consent of the Contractor.
The Contractor must be credited as the author in every publication (“fotografa / Berlin”).
Original files (RAW files, negatives) remain with the Contractor. Release of such files is subject to a separate fee.

III. Fees and Payment Terms

Fees are agreed as hourly, daily, or flat rates plus statutory VAT. Additional expenses (e.g. travel, materials, rentals, or model fees) shall be borne by the client.
Invoices are payable within 7 days without deduction. In the event of late payment, statutory default interest and reminder fees shall apply.
All works remain the property of the Contractor until full payment has been received.
Complaints regarding artistic design are excluded unless the client has provided binding specifications. Any change requests after the start of production will be charged separately.

IV. Delivery and Digital Provision

Delivery is made exclusively in digital form via a secure download link or comparable transmission methods. Physical data carriers are provided only by separate agreement.
Download links are time-limited. The client is responsible for downloading the data within the specified period and for creating their own backups.
The service is deemed fully rendered upon provision of the download link. Long-term storage is provided only by express agreement.

V. Delivery Times and Force Majeure

Delivery dates are binding only if confirmed in writing; otherwise, they are considered non-binding estimates.
The Contractor shall not be liable for delays caused by force majeure or unforeseeable events (e.g. illness, technical failures, natural events).

VI. Liability

The Contractor shall be liable in cases of intent and gross negligence. In cases of simple negligence, liability is limited to breaches of essential contractual obligations and to foreseeable, typical damages.
The Contractor shall only be liable for data loss if the client has failed to carry out appropriate data backups.
The Contractor shall only be liable for errors or delays caused by third-party providers (e.g. printing services, cloud services, music licenses) in cases of proven gross negligence.

VII. Self-Promotion

The Contractor is entitled to use the photographs created as part of the assignment for self-promotional purposes (website, portfolio, social media, print materials), unless the client objects in writing.

VIII. Data Protection

The Contractor processes personal data exclusively in accordance with the GDPR.
Data is stored only to the extent necessary for contract fulfillment and is disclosed only if legally required or necessary for the execution of the assignment.

IX. Service Disruptions and Cancellation Fees

If the client cancels an appointment less than 48 hours before its start, 100% of the agreed fee is payable, unless a lower damage is proven.
In the event of non-appearance or late arrival of the client or involved persons, the Contractor may charge an appropriate cancellation or downtime fee.

X. Right of Withdrawal (Consumers Only)

Consumers who conclude a distance-selling contract (e.g. online booking) have a statutory right of withdrawal in accordance with Sections 355 et seq. of the German Civil Code (BGB).
The right of withdrawal expires prematurely if the Contractor has fully rendered the service and has begun execution before the withdrawal period has expired with the consumer’s express consent.

XI. Final Provisions

The law of the Federal Republic of Germany shall apply exclusively.
Place of performance and jurisdiction is the Contractor’s registered office, provided the client is a merchant or a legal entity under public law.
Should any provision of these GTC be or become invalid, the remaining provisions shall remain unaffected.