Terms and Conditions

General Terms and Conditions

The company CAINACADIE e.U. (photographer) only concludes contracts for photographic orders in accordance with these General Terms and Conditions. By placing an order, the client acknowledges their applicability. Deviating agreements can only be made legally effective in writing. In the context of an ongoing business relationship, the General Terms and Conditions shall also apply to all future orders, offers, deliveries or services of the photographer without express approval.

Object of the contract

The subject of the contractual services are photography services that are commissioned individually. This includes briefings, photo shoots, photo productions and other services (hereinafter referred to as “contractual services”). The photographer shall be commissioned to provide the respective contractual service by booking or in writing, preferably by e-mail.

Background to the photographs

The photographer and the contracting party agree that the contracting party shall be available to the photographer for photo shoots and that the following photos shall be taken. The type of photo shall be recorded in writing in the offer.

Attribution

When publishing the photographs, the photographer may only use the full name and/or only the first name and/or also the artist name of the contractual partner. If this is not desired, the photographer must be notified in writing.

Placing of order

The order is placed in writing and is only fixed with a written confirmation from the photographer. Offers made are valid for the service requested and discussed in advance. All offers are made individually due to different work performance. All invoicing points are recorded in quotations.

Service

The photographer shall carry out the order carefully. He may also have the order carried out – in whole or in part – by third parties (laboratories, etc.). Unless the contractual partner gives written instructions, the photographer is free to decide how the order is to be carried out. This applies in particular to the image conception, the selection of the photo models, the location and the optical-technical (photographic) means used. Deviations from previous deliveries shall not constitute a defect as such.

No liability shall be accepted for defects attributable to incorrect or inaccurate instructions from the contractual partner. In any case, the photographer shall only be liable for intent and gross negligence.

The contractual partner shall bear the risk for all circumstances that are not attributable to the photographer, such as weather conditions during outdoor shoots, timely provision of products and props, failure of models, travel hindrances, etc.

Shipments shall travel at the expense and risk of the contractual partner.

1) All complaints must be made in writing within 7 days of delivery at the latest and must include all documents. After expiry of this period, the service shall be deemed to have been provided in accordance with the order. The warranty period shall be one month.

In the event of a defect, the contractual partner shall only be entitled to a claim for improvement by the photographer. If an improvement is impossible or is rejected by the photographer, the contractual partner shall not be entitled to a price reduction. No liability shall be accepted for minor defects. Color differences in repeat orders shall not be considered a significant defect.

Transactions for delivery by a fixed date shall only exist if expressly agreed in writing. In the event of any delays in delivery, point 1.) shall apply accordingly. The fee and license fee claims shall be due irrespective of whether the material is (still) protected by copyright and/or ancillary copyright.

The photographer may name the customer as a reference, in written or electronic form. (Internet, social media, etc.)

Consideration for TFP orders

In return for his work and the transfer of exploitation rights, the contractual partner shall not receive any monetary remuneration, but a selection of a maximum of five edited photos for self-promotion, which the photographer shall make available for download promptly after the shoot. With this consideration, all claims of the contractual partner, including any travel costs and expenses, are fully compensated.

Rights of use of the contractual partner for TFP

The contractual partner is entitled to use the photos produced in unaltered form for private purposes without any restrictions in terms of time, place or content. Furthermore, the contractual partner shall be granted the right to use the photographs edited by the photographer for the purpose of self-promotion on its own homepage and to publish the photographs on its own or other websites for exhibition purposes and for the purpose of self-promotion. Any alteration – in particular distortion – of the photographs is not permitted without the photographer’s consent and will be prosecuted.

It is agreed that in the event of publication by the photographer or the contractual partner himself, a written reference to the photographer will be made Photo: www.cainacadie.world.

The contractual partner undertakes to visibly indicate the rights holder for any use of the photos. The contracting party agrees that the photographs taken may be used and published by the photographer without restriction as to time, place or content. In the event of publication, the contractual partner shall not make any claims, including against third parties, and the deletion, destruction, alteration or concealment of the metadata is prohibited in all respects and will be prosecuted.

This agreement applies without restriction in terms of subject matter, location and time.

Rights of use for the contractual partner

The contractual partner is entitled to use the photos produced in unaltered form for private purposes without any restrictions in terms of time, place or content.

Modification – in particular alteration – of the photographs is not permitted without the photographer’s consent and will be prosecuted.

It is agreed that in the event of publication by the photographer or the contracting party itself, a written reference to the photographer shall be made (link to website and/or e-mail address). The contractual partner undertakes to visibly indicate the rights holder for any use of the photos as follows:

Photo: © www.cainacadie.world and the artist name of the photographer Caina Cadie; place and, if published, year of first publication.

This also applies if the photograph is not provided with a producer’s name. In any case, this provision shall be deemed to be the affixing of the producer’s designation within the meaning of Section 74 (3) UrhG. If the photograph is signed on the front (in the picture), the publication of this signature shall not replace the manufacturer’s note described above.

For each use (reproduction, distribution, broadcast, etc.), the contractual partner shall be obliged to clearly and legibly (visibly) affix the manufacturer’s name (attribution) or the copyright notice within the meaning of the WURA (Universal Copyright Convention), in particular not in a broken font and in standard letters, directly next to the photograph and clearly assignable to it.

The contractual partner agrees that the photographs taken may be used and published by the photographer without restriction in terms of time, place and content. In the event of publication, the contractual partner shall not assert any claims, not even against third parties. The deletion, destruction, alteration or concealment of the metadata is prohibited in all respects and will be prosecuted. This agreement applies without restriction in terms of subject matter, location and time.

In the event of use contrary to the agreement, the customer is obliged to pay the photographer a usage license in the amount of 200% of the recording fee.

Exclusive rights and blocking periods in favor of the customer must be agreed and remunerated separately.

Rights of use

The photographer is entitled to all copyrights and ancillary copyrights of the photographer. The client shall receive individually agreed rights of use in the offer, which can be acquired. The photographer will decide on the further granting of rights of use.

Copyright / Urheberrecht

The client is obliged to clearly indicate a copyright notice as follows for each publication: Photo: www.cainacadie.world

Rights

The contractual partner shall transfer to the photographer the exclusive, unlimited and unrestricted right of use, unlimited in terms of time, content, subject matter and territory, the right to his own image and all property rights with regard to all types of use known today, in particular with regard to exploitation, duplication, modification, distribution, publication, digitization, exhibition, presentation. The photographer shall decide on the further granting of rights, irrespective of the transmission, carrier, presentation and storage technologies (in particular databases and the Internet, even if the aforementioned works are published in a closed member area financed by member contributions). All films, digital data, data carriers and other documents or work equipment (in particular negatives, slides, prints, enlargements, files, images, graphics, illustrations, drawings, content, programming work, databases, sound and evaluation image documents) and rights necessary, used and required for the provision of the service are the property of the photographer and are free from third-party rights.

The copyright lies with the photographer.

The contracting party further agrees that the work and its results – in whole or in part – may be used without restriction by third parties with whom the photographer enters into an agreement. The contracting party authorizes the photographer or a third party with whom the photographer enters into an agreement to exercise, use and exploit the copyrights/personal rights and at the same time waives the right to assert any claims for injunctive relief and/or damages against the photographer and third parties. The contractual partner’s name shall be mentioned after consultation with and approval by the contractual partner. See point naming.

Fee / Payment

The fee is based on the working time and work performance. Please note that without notification of your start date, the offer will expire after two weeks despite the down payment and no consideration can be given and the down payment will not be refunded.

All claims are thus fully settled.

In the absence of any other express written agreement, the fee agreed between the two parties plus 20% VAT is payable immediately after invoicing.       

In the absence of any other express written agreements, a payment on account amounting to 50% of the anticipated invoice amount shall be made when the order is placed. Unless expressly agreed otherwise in writing, the remaining fee – if it can be determined by the contractual partner – is due for payment upon completion of the work, otherwise immediately after invoicing. In the case of orders comprising several units, the photographer shall be entitled to issue an invoice after delivery of each individual service.

In the case of remittance (postal money order, bank or postal savings bank transfer, etc.), payment shall not be deemed to have been made until the photographer has been notified of receipt of payment. The contractual partner shall bear the risk of the postal route of legal submissions (lawsuits, applications for execution). If the contractual partner (client) refuses acceptance due to defective performance or asserts warranty claims, the fee shall nevertheless be due for payment.

Costs and expenses necessary for the execution of the order, such as fees for assistants and models as well as equipment rental, costs for rental studios, recording locations, props, travel costs, expenses, etc. are not included in the fee and shall be borne by the client. In the event of default of payment by the contractual partner, the photographer shall be

claims for damages – is entitled to charge reminder fees of €18 (excl. VAT) and default interest of 15% p.a.. Reminder fees and the costs of legal intervention, including out-of-court legal intervention, shall be borne by the contractual partner.

Insofar as delivered images become the property of the contractual partner, this shall only occur upon full payment of the photography fee including ancillary costs. The assertion of the retention of title shall not constitute a withdrawal from the contract, unless this is expressly declared.

The fee shall also be due for layout or presentation recordings as well as if utilization is omitted or depends on the decision of third parties. In this case, no price reductions shall be granted on the recording fee.

All material and other costs (props, products, models, travel expenses, accommodation expenses, make-up artists, etc.), even if they are procured by the photographer, shall be paid separately. The customer is responsible for ensuring that the persons, objects and locations required for the execution of the order are available or accessible. If the customer does not fulfill this obligation or postpones a shooting session less than two working days before the deadline, he shall be liable for reimbursement of the costs already incurred and third-party costs. In addition, the photographer is entitled to compensation amounting to 50% of the agreed fee for the shooting session. Any changes requested by the contractual partner during the course of the work shall be borne by the contractual partner.

Conceptual services (consulting, layout, other graphic services, etc.) are independent services for which remuneration is payable. The same applies to above-average organizational expenses or such meeting expenses.

If the contractual partner refrains from carrying out the order for whatever reason, the photographer shall be entitled to half of the fee plus all ancillary costs actually incurred, unless otherwise agreed. In the event of absolutely necessary changes to the deadline (e.g. due to weather conditions), a fee corresponding to the time spent or reserved in vain and all ancillary costs shall be paid.

The fee is subject to value added tax at the applicable statutory rate.

License fee and publication fee

Unless expressly agreed otherwise in writing, the photographer shall be entitled to a separate publication fee in the agreed or appropriate amount in the event that permission for use is granted.

The publication fee is exclusive of value added tax at the applicable statutory rate.

Notwithstanding all statutory claims pursuant to Sections 81 et seq. and 91 et seq. of the German Copyright Act (UrhG), the following shall apply in the event of an infringement of copyrights and/or ancillary copyrights to the recordings that are the subject of the contract: The claims pursuant to § 87 UrhG shall apply irrespective of fault. In the event of an infringement of the right to the producer’s name, the claimant shall be entitled to at least an amount equivalent to the reasonable remuneration (Section 86 UrhG) as non-material damage (Section 87 (2) UrhG), subject to any additional financial loss (Section 87 (1) UrhG). The right to information pursuant to Section 87a (1) UrhG also applies to the claim for removal.

Handover of the photos

The photographer reserves the right to sort out technically and/or creatively flawed images as well as images that are unfavorable for the persons depicted. The remaining data will be offered as an archive via a server with or without access restrictions. The link to the download will be sent to the client. The data will (only) be handed over once the invoiced amount has been paid in full. Other forms of transfer, e.g. USB stick, are not included in the price. The time of handover is to be agreed individually.

Orders

The prices shown in the shopping cart apply to all orders. All prices quoted include 20% VAT. Click here for the General Terms and Conditions Online Shop by Pictrs.

Duration of service

This service is designed for the long term – for an indefinite period. However, the photographer reserves the right to change this service, e.g. due to technical progress, to replace it with a new solution or to discontinue it completely.

Subject to change

The Photographer reserves the right to amend these Terms and Conditions of Use, Business

terms and conditions of use, business and delivery due to changed legal and technical

in particular with regard to a changing legal situation. By using the services offered, you expressly agree to this procedure, whereby such changes will be announced in good time in the medium used. The amended terms and conditions shall apply to all orders received from this point in time upon notification by the photographer in the medium used, subject to any other statutory provisions on the entry into force, retroactive effect and publication of such provisions.

Exclusion of liability

No liability is assumed for props or objects brought along.

In the event of loss or damage, the parties release each other from any liability. This does not apply to willful damage. The contractual partner is advised to take out liability and accident insurance for himself. The photographer accepts no liability for accidents.

Liability is also excluded in the event that, due to external influences or force majeure, the photographs cannot be taken before or during the agreed photo session or have to be aborted in the meantime.

Loss and damage

In the event of loss of or damage to photographs taken in the course of orders, the Photographer shall only be liable for intent and gross negligence. Liability is limited to his own fault and that of his employees. Any liability is limited to the material costs and the free repetition of the photographs (if and insofar as this is possible). The client shall not be entitled to any further claims; in particular, the photographer shall not be liable for any travel and accommodation expenses or for third-party costs (models, assistants, make-up artists and other shooting personnel) or for loss of profit and consequential damage.

Cancellation by the client

In the case of cancelations within the last 24 hours before the start of the assignment, the photographer reserves the right to charge a cancellation fee of up to 50% of the total amount including VAT and to be reimbursed by the client for any costs incurred (travel, etc.).

Cancellation by the photographer

In cases of force majeure or circumstances for which the photographer is not responsible and which make it unreasonable for him to carry out the assignment or organize a replacement, the customer shall not be entitled to compensation. Fees already paid will be refunded if the appointment cannot be rescheduled.

Employment relationship

The contractual partner is aware that this agreement does not establish an employment relationship. The obligation to pay any taxes, insurance contributions and social security contributions, if applicable, shall be assumed by the contractual partner.

Confidentiality

The contracting parties agree to maintain confidentiality about the content and conditions of this contract and about the knowledge gained during its execution.

www.cainacadie.world shall ensure that only those employees who are involved in the respective project have access to confidential information.

The client uses an offer received from www.cainacadie.world only for his own purposes. All rights are reserved by www.cainacadie.world. The offer or parts of the offer may not be copied, reproduced or processed, duplicated or distributed using electronic systems without the prior written consent of www.cainacadie.world.

Confidentiality also applies beyond the termination of the contractual relationship.

Upon request, the documents handed over in each case must be returned after termination of the contractual relationship, unless the other contractual party asserts a legitimate interest in these documents.

Reference naming

CAINACADIE e.U. is entitled to use the client as a reference on the website, including the logo that is provided.

Severability clause

Should any part of this agreement be or become invalid or ineffective, the invalid or ineffective provision shall be replaced by a reasonable substitute provision which is appropriate to the spirit of this agreement and which it can be assumed that the parties would have agreed to if they had been aware of the invalidity or ineffectiveness. The remaining provisions of this agreement shall remain unaffected by the invalidity or ineffectiveness.

The Product Liability Act (PHG) is not applicable; in any case, liability for other than personal injury is excluded if the contractual partner is an entrepreneur. In all other respects, Austrian law shall apply, which shall also take precedence over international sales law.

Indemnification and hold harmless shall also include the costs of out-of-court legal defense.

These General Terms and Conditions shall not apply insofar as mandatory provisions of the Austrian Consumer Protection Act (KSchG) conflict with them. The partial invalidity of individual provisions (of the contract) shall not affect the validity of the remaining contractual provisions.

These General Terms and Conditions shall apply mutatis mutandis to film works or motion pictures produced by photographers in accordance with the order, irrespective of the process and technology used (cine film, video, DAT, etc.).

Miscellaneous

The contractual partner is entitled to bring a trusted person to the shoot. This person will not influence or disturb the course of the shoot.

Both parties may suggest or reject motifs, postures and shooting locations. The contractual partner undertakes to be available for the shoot for the agreed time and in the agreed form. The contractual partner shall bring the appropriate items of clothing, utensils, etc. for the shoot. The contractual partner is obliged to ensure a well-groomed appearance for the shoot.

The contractual partner undertakes to collect any objects to be photographed immediately after the shoot. If these objects are not collected within two working days of being requested to do so, the photographer shall be entitled to charge storage costs or to store the objects at the client’s expense. Transportation and storage costs shall be borne by the client.

The contractual partner assures that at the time of taking the photographs and at the time of signing this agreement he is of legal age, in full possession of his mental and physical powers, not under the influence of drugs, alcohol or other mind-altering intoxicants and not acting under duress of any kind.

The contractual partner further assures that it has agreed the scope, content, type, form and duration of the photo shoot with the photographer in advance and that it is not bound by any other contractual relationship (in particular exclusive contracts, e.g. with advertising or modeling agencies, photographers or other persons or parties) and that the rights of third parties are therefore not infringed.

The photographer is entitled to terminate the contract with immediate effect for good cause. Good cause shall be deemed to exist in particular if bankruptcy or composition proceedings are instituted against the assets of the contracting party or if an application to institute such proceedings is rejected for lack of assets to cover the costs or if the customer ceases to make payments or if there are justified concerns regarding the creditworthiness of the contracting party and the latter fails to make advance payments or provide suitable security at the request of the photographer, or if the performance of the service is impossible for reasons for which the contractual partner is responsible or is further delayed despite the setting of a 14-day grace period, or if the contractual partner continues to violate essential obligations under the contract, such as the payment of a due partial amount or obligations to cooperate, despite a written warning with a grace period of 14 days.

All questions – including those relating to this agreement – were answered in advance to the complete satisfaction of the contractual partner. Before signing this agreement, the contractual partner had sufficient time and opportunity to review the form and content of the agreement and the contractual purpose underlying this agreement, including with knowledgeable third parties.

agreement, including with knowledgeable third parties.

It is agreed that this agreement is concluded for an indefinite period.

No further agreements have been made. Additional agreements must be made in writing to be effective. This agreement is subject to Austrian law. The place of jurisdiction is the photographer’s registered office.

Any differences of opinion arising out of or in connection with this agreement shall be settled primarily by amicable agreement.

Final note: In accordance with the Equal Treatment Act, the terms “the contractual partner” and “the photographer” used in the contract refer to both male and female persons.

Updating the GTC
With the publication of the updated GTC, older versions lose their validity.

Status: July 2023