Agent / Owner
+49 (0)211-15 97 14-0
+49 (0)211-15 97 14-0
+49 (0)211-15 97 14-0
11. The Client's claims resulting from the transfer of rights to a third party shall already be assigned to the Artist in the amount of the fees agreed upon by the Artist and the Client plus any incidental and other costs incurred. The Client shall be entitled to collect claims assigned to the Artist from third parties in his or her name on account of the Artist. The Client shall pay collected amounts to the Artist within 7 (seven) days of receipt.
12. The Client shall not be entitled to compensation by citing counterclaims that are disputed by the Artist or that are not legally determined final and absolute. Moreover, the Client shall not be entitled to relinquish or transfer any of his or her claims or rights against the Artist to any third party.
13. Apart from possible claims for damages, illegal use, distribution or any other use not agreed upon shall result in infringement fees of 5 (five) times the amount of the fees agreed upon.
14. In the case of firm bookings, the cancellation of the contract either due to rescission or termination shall only be possible with good cause. If the Client cancels the order without good cause, or if a Service has been initiated, but is not completed for reasons which the Artist cannot control, the Artist shall be entitled to be paid all fees agreed upon plus any incidental and third party costs he or she may have incurred up until the cancellation. An order is considered as initiated once the Artist begins rendering the Service as provided by the contract.
If the Artist is unable to render the Service ordered due to illness or other circumstances that the Artist cannot control, the Artist or his/her agency shall make every reasonable effort to find an adequate replacement. In such a case, neither the Artist nor his/her agency shall be liable for additional expenses or any damage that may occur.
15. Upon rendering the Services requested, the Artist shall be liable only for gross negligence or intent, with the exception of personal damage or injury to a third party or damage caused by the violation of a term essential to the contractual relationship. This shall also apply to any vicarious agents the Artist may hire.
16. The Client shall assume the risk of accidental loss or damage as soon as the props or Work to be delivered are handed over to the person in charge of transportation. The Artist shall not be liable for any damage to props provided to him or her by the Client or by third parties during transportation or during the execution of the order unless the damage occurred due to gross negligence or intent on the part of the Artist or a vicarious agent hired by the Artist. The Client shall insure the props against theft, damage, loss, etc. Moreover, the Client shall purchase insurance for protection against personal and property damage.
If the Work is lost due to circumstances beyond Artist's control, this shall not affect the Artist's claim to service fees.
This shall also apply to cases in which the Artist transports the goods himself or herself.
17. The Client must return the props provided to him or her immediately after use to the Artist or the person/company named by the Artist at the Client's own risk and expense. If the Client fails to comply, he or she shall be liable for any damage that may occur.
18. The Artist cannot guarantee that the props that are chosen at a so-called "prop casting" (i.e. the selection of the props needed) will actually be available on the scheduled day of production or during the scheduled period of production.
19. The Client must file any complaints immediately while all services ordered are being rendered and must provide a comprehensive and detailed description of the defect and/or deficiency. Otherwise, all services provided by the Artist shall be deemed rendered in accordance with the contract with regard to obvious defects.
20. When a Work, including test shoots and editorials, is used, the Artist shall be entitled to be mentioned as its author. In addition to the Artist, the agency representing him or her shall also be mentioned in connection with the Work. The Client shall ensure compliance with these terms in contracts into which the Client enters with any third party. Any failure to mention both the Artist and the Agency shall result in a 100% surcharge on the agreed upon Artist's fees.
21. All damages claimed by the Client from the Artist shall be subject to a limitation of 1 (one) year starting on the date specified by law. This shall not affect claims for damage caused by personal injury or by a failure to fulfill contractual obligations due to gross negligence or intent. If the Artist has rented out or loaned out props, any damages claimed by the Client shall be subject to a limitation of 6 (six) months.
22. The Artist is entitled to use Work which he or she produced in the scope of the rendered services (e.g. photographs, films, analog and digital media as well as prints and copies thereof) for self-marketing, including, but not limited to, mailings or publication on the Internet or for presenting as work samples.
23. These terms and conditions may only be modified or amended in writing. If a provision of the contract or these terms and conditions becomes ineffective, the remaining provisions of the contract and these terms and conditions shall remain in full force and effect. Any ineffective provision shall be restated to reflect as nearly as possible the original intentions of the contractual parties. The same shall apply to cases in which loopholes of the contract and/or these terms and conditions need to be closed. The place of performance and the place of jurisdiction is the Artist's place of business unless otherwise required by law. The contract and these terms and conditions are governed by the laws of the Federal Republic of Germany. Any services rendered outside of the Federal Republic of Germany are also governed by German law. The terms and conditions of the United Nations Convention on Contracts for the International Sale of Goods signed on April 11, 1980 in Vienna, Austria do not apply.
24. The German language version of these terms and conditions shall be the version used in the event any dispute arises hereunder. The English translation of these terms and conditions is for convenience only and shall not be used by the parties or any court when interpreting or construing these terms and conditions.