Daniel Winter Enquire

Terms and conditions (English translation for convenience – the German version is legally binding)

§ 1 Deposit & reservation

Upon signing this agreement, a deposit of €500 becomes due, payable by bank transfer to the contractor’s bank account within 14 days. Upon receipt of the amount, the agreed date is considered binding. From this point on, the contractor keeps the agreed date free and will not make any other external appointments on that day. If the advance payment is not made in the agreed amount, the contractor is neither obliged to carry out the order nor to refund any partial amounts paid, but is entitled to terminate the contract without setting a grace period. Should the clients decide to withdraw from the concluded contract, this is only possible under the following cancellation conditions: up to 8 weeks before the stated wedding date, a cancellation fee of 50% of the agreed contract sum is payable; up to 4 weeks before the wedding date 75%; up to 1 week before the wedding date 90%; and from 1 week before up to the day of the wedding 100% of the agreed price. The remaining amount is due no later than 14 days after the service has been provided, i.e. the photographic coverage of the wedding – thus 14 days after the wedding date or after receipt of the invoice. Any services provided by the contractor before the wedding date (viewing the venue; meetings with the clients) are to be remunerated separately should the contract be terminated for whatever reason.

§ 2 Terms of use

The contractor grants the couple a simple licence to use and publish the photos for non-commercial purposes. Passing them on to third parties (other than friends & family) is not permitted and requires the written consent of the contractor. The licence only passes to the clients once the fee has been paid in full.

§ 3 Use by the contractor

The clients expressly agree that the contractor may publish, reproduce and use the images taken, in particular for reference purposes, without restriction in terms of time, content and territory.

§ 4 Style of the images (photo & video)

The clients are aware that all images produced are always subject to the contractor’s artistic freedom. The clients are familiar with the contractor’s style and therefore expressly waive any complaints regarding the artistic freedom exercised by the contractor and the optical and technical means used. Subsequent change requests by the clients require a separate agreement and order and are to be remunerated separately. The contractor cannot guarantee that all persons present at the celebration will actually be photographed. The contractor always endeavours to achieve this goal if this is actually desired by the clients. However, no defect can be derived from any missing images of certain persons. The contractor cannot guarantee specific images or scenes, so if certain sequences are expressly desired, this must be discussed specifically with the contractor and agreed separately. The clients acknowledge that it is their sole responsibility to obtain permission for photography from the venue, the church or other locations. The clients must ensure that the wedding party, the officiating priest and the decorations are positioned in such a way that the contractor’s view is not restricted.

§ 5 Planning and execution on the wedding day

It is the responsibility of the clients or of any wedding planner engaged to inform the contractor of the next important steps and to tell them when which photographs are desired, and to group the respective guests accordingly. The contractor is not responsible for organising and assembling the groups and sequences to be photographed.

§ 6 Delivery of the images

The contractor will carefully select the images to be presented to the clients for acceptance. The clients are not entitled to receive all images. Original files (RAW files) are only handed over by separate written agreement and remuneration. Any post-processing beyond the agreement made is at the expense of the clients and is to be remunerated separately.

§ 7 Changes to the wedding date

If it is possible for the contractor to move the wedding to another date, a postponement is not considered a cancellation. In this case, the deposit / date reservation fee paid will be transferred to the new date, but a rescheduling fee of €150 will be charged.

§ 8 Withdrawal from the contract by the contractor

Should the photographer(s) terminate the contract for reasons such as fire or force majeure, strike, flight delays, an emergency or other reasons beyond the control of both parties, the company will refund the client all payments made to date, but will not be held liable for anything further stated in the contract. This limitation also applies if all images are lost or damaged through no fault of the photographer(s).

§ 9 Withdrawal from the contract by the client or impossibility of performance

A deposit already paid, which is considered a date reservation fee, will only be refunded in the event of a cancellation without replacement within the stated cancellation periods if an official, complete ban on the celebrations has been issued by regulation or by law (e.g. lockdowns due to Covid-19).

If the client terminates the contract without legal grounds (voluntarily or as a precaution), the contractual cancellation conditions according to § 3 apply. Impossibility of performance does not exist in the case of regulations / tightened rules such as mandatory masks, a reduction in the number of guests of up to 50% or the cancellation of other service providers. Should a postponement be desired for this reason and also be possible in terms of the contractor’s schedule, it is free of charge and no fees will be charged.

§ 10 Replacement in case of illness

If the order cannot be carried out at all by the photographer(s) due to illness or injury, a qualified photographer we trust will be provided or suggestions for a qualified replacement will be sent.

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