General Terms and Conditions (GTC) – fototronik.de | David Ebener

(as of January 15, 2026)

I. Scope

1. The following General Terms and Conditions apply to all contracts, deliveries and services between the provider (fototronik.de | David Ebener) and its clients.

2. Any differing terms and conditions of the client will not be recognized unless their validity has been expressly agreed to in writing or by email.

II. Subject of the contract

1. The provider offers services in the areas of commissioned photography, image and video production, image and video editing, and the transfer of usage rights to photographic and videographic works.

2. A distinction is made between:

• Commissioned photography/video production (creation of new material on an hourly or flat-rate basis)
• Licensing deals (granting rights of use to existing image or video material)
  
  

3. The exact scope of services is determined by the individual offer or the respective invoice.

III. Prices, hourly rates and remuneration

1. For photographic and videographic services, a regular hourly rate of EUR 125.00 net per hour applies, unless otherwise agreed in the offer or invoice.

2. The hourly rate includes all activities arising within the scope of the photographic or videographic service, including in particular:

• photographic or videographic recording
• technical preparation
• Post-processing / Retouching / Editing
• Organization in connection with the execution of the order, including travel to and from the place of deployment.

3. Depending on the type and scope of the project, the provider may offer flat rates, project prices, or individually agreed-upon compensation models. These always take precedence over the standard hourly rate.

4. Prices are subject to statutory VAT.

5. Additional costs such as travel and accommodation expenses, material costs, or costs for external service providers may be charged separately, provided this is shown in the offer or the invoice.

6. Travel expenses are calculated at EUR 0.50 per kilometer or part thereof.

IV. Discounts, rebates, cash discounts

1. Discounts, price reductions and other concessions are granted voluntarily and without recognition of any legal obligation and do not establish any entitlement to future or repeated granting of the same conditions.

2. Any discounts or rebates granted are subject to the condition precedent of timely payment within the payment period stated in the invoice.

3. If the payment deadline is exceeded or a payment reminder/dunning notice is required, the granted discount automatically becomes invalid. In this case, the invoice amount increases to the regular price; any discounts already granted may be recalculated accordingly, and a corrected invoice will be issued.

V. Conclusion of Contract

1. Offers from the provider are non-binding unless they have been expressly designated as binding.

2. A contract is concluded through:

• written or electronic order confirmation from the client or
• Implied acceptance (conclusive conduct), e.g. by using or utilizing the service, as well as by the provider providing or transmitting the agreed service.

3. In licensing transactions, the contract is concluded upon acceptance of the offer and provision of the image or video material.

4. The obligation to pay arises regardless of whether the client actually uses or publishes the delivered material. Failure to use the material does not release the client from the payment obligation.

VI. Commissioned photography and video production

1. In commissioned photography/video production, the provider is obligated to create and deliver the agreed image and video material, but not to achieve a specific result for the client.

2. The photographer/videographer will carry out photo and video productions at his/her own technical and artistic discretion, unless otherwise agreed.

3. Digital image and video files will be delivered in the agreed resolution and in the usual file format (JPEG, PNG, MP4, MOV), unless otherwise agreed.

4. Raw data (RAW files) are generally not part of the service and will only be provided upon explicit agreement.

5. The photographer/videographer may use assistants, models or technical service providers.

VII. Usage Rights (General)

1. The provider always remains the copyright holder of the photographic and videographic works created.

2. The client receives the usage rights expressly stated in the offer or invoice.

3. If no usage rights are explicitly agreed upon, the client receives only a simple, non-exclusive right of use, limited to the purpose for which the order was placed.

4. Disclosure to third parties is only permitted if this has been contractually agreed.

VIII. Usage rights for commissioned photography/video production

1. Unless otherwise stipulated in the offer or invoice, images and videos created within the scope of the order may be used by the client indefinitely and for all their own purposes.

2. Exclusive use (exclusive rights) will only be granted if this has been expressly agreed in writing and the additional price required for this has been paid.

3. Disclosure to third parties is permitted as long as this corresponds to the original purpose of the commission (e.g. press offices, agencies, cooperation partners).

4. All further rights remain with the provider.

IX. Usage rights when licensing existing material

1. When granting rights of use to existing image or video material, the scope of the rights is determined by the offer or invoice.

2. The contract shall be deemed fulfilled as soon as the material has been provided and the agreed usage rights have been granted.

3. The remuneration is not dependent on the actual use of the material.

X. Obligations of the Client to Cooperate

1. The client shall provide the necessary permits, access and organizational requirements.

2. If family members, employees or other persons are provided by the client, the client is responsible for ensuring that all necessary consents (model releases, GDPR consents, etc.) are obtained.

XI. Liability

1. The provider is liable for damages resulting from intent and gross negligence.

2. In cases of slight negligence, the provider is only liable for breaches of essential contractual obligations (cardinal obligations).

3. In these cases, liability is limited to the foreseeable damage typical for this type of contract.

4. Liability for damages resulting from injury to life, body or health remains unaffected.

XII. Payment Terms

1. Invoices are due immediately upon receipt without deduction, unless a different payment term has been agreed.

2. In the event of late payment, the supplier is entitled to charge reminder fees and default interest in accordance with Section 288 of the German Civil Code (BGB). The default interest rate is 5 percentage points above the base interest rate for consumers and 9 percentage points above the base interest rate for businesses.

XIII. Cancellation of Appointments / Cancellation Fee

1. Agreed appointments are binding. Any cancellation or rescheduling by the Client must be made in text form (e.g. by email).

2. Cancellation free of charge is possible up to 72 hours before the agreed start of the appointment.

3. In the event of cancellation less than 72 hours but more than 24 hours before the start of the appointment, a cancellation fee amounting to 50% of the agreed or calculated remuneration (less any expenses saved) shall be payable.

4. In the event of cancellation less than 24 hours before the start of the appointment or in the event of non-attendance, the full (100%) agreed or calculated remuneration (less any expenses saved) shall be payable as a cancellation fee.

5. If no fixed total price has been agreed for the appointment and remuneration is based on an hourly rate, a half-day rate shall apply as the basis for calculating the cancellation fee. A half-day rate corresponds to four hours calculated on the basis of the agreed hourly rate, but not less than EUR 500.00 net.

6. Any payments or advance payments already made shall be credited against the cancellation fee.

7. Additional costs already incurred and no longer cancellable (e.g. travel, accommodation, material or third-party costs) shall be reimbursed in full in addition to the cancellation fee, provided they have already been incurred.

8. The Client expressly reserves the right to prove that no damage or substantially less damage has been incurred than provided for in clauses 3 to 5. The Provider reserves the right to prove a higher amount of damage.

XIV. Right of withdrawal

1. In the case of commissioned photography/video production, there is no right of withdrawal according to § 312g para. 2 no. 1 BGB, as these are individually produced services.

2. When licensing digital image or video files that are not delivered on a physical data carrier, any existing right of withdrawal expires upon commencement of the contract performance in accordance with Section 356 Paragraph 5 of the German Civil Code (BGB), provided the client has expressly agreed.

XIV. Final Provisions
1. The law of the Federal Republic of Germany applies.

2. The place of jurisdiction is the registered office of the provider if the client is a merchant or a legal entity under public law.
3. Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes as close as possible to the intended economic purpose.