Terms and Conditions (T&C)
1. Scope
The following Terms and Conditions (T&C) apply to all contracts and services offered and provided by Maidie McCloud (hereinafter referred to as "the Photographer") in the field of photography. By booking, the client agrees to these T&C.
2. Conclusion of Contract
A contract between the Photographer and the client is formed when the Photographer’s offer is confirmed in writing, the offer is accepted by email, or when an appointment is agreed upon orally. Confirmation or acceptance may also be made by the client through payment of a deposit or agreed price.
3. Services Provided
The Photographer will provide the photographic services specified in the contract, which may vary depending on the type of assignment (e.g., portrait, event, wedding photography). Details regarding the scope of services, delivery times, and agreed prices will be documented in the contract or offer.
4. Prices and Payment
All prices are stated in euros and are inclusive of the statutory VAT unless otherwise agreed. Payments are to be made as follows:- A deposit of [percentage]% of the agreed price is due at the time of booking.- The remaining balance is due no later than 10 days after delivery of the photographs.- In case of late payment, the Photographer reserves the right to charge interest on arrears at a rate of 10% above the base rate.
5. Cancellation and No-Show - By the Client
Cancellations must be made in writing. If the photoshoot is canceled up to [X days] before the scheduled date, a cancellation fee of [amount] will apply. If canceled within [X days] before the appointment, the full amount will be due.- **By the Photographer**: If the Photographer is unable to attend the appointment due to unforeseen circumstances (e.g., illness, force majeure), a new appointment will be offered, or a full refund of the deposit will be provided.
6. Usage and Copyright
The Photographer retains the copyright for all images taken. The client is granted a simple, non-transferable usage right.- The images may only be used by the client for personal purposes. Commercial use (e.g., in advertising, social media, or on websites) is only permitted with the Photographer’s explicit written consent.- The Photographer has the right to use the images for promotional purposes (e.g., portfolio, website, social media) unless the client explicitly objects.
7. Delivery of Images
The delivery time for the final images will be specified in the contract or offer. In general, the images will be provided in digital format within [X weeks] after the photoshoot. If additional editing or special requests are made, the delivery time may vary.
8. Defects and Complaints
The client has the opportunity to review the delivered images upon receipt. Any defects or complaints must be submitted in writing to the Photographer within 7 days of delivery. After this period, the delivery is considered accepted.
9. Liability
The Photographer is only liable for damages caused by gross negligence or intent. Liability for minor negligence is excluded unless essential contractual obligations have been violated.- The Photographer is not liable for the loss or damage of photographic material that is not properly handled by the client during or after the photoshoot.- The client agrees to indemnify the Photographer from any third-party claims arising from the infringement of rights related to the use of the images by the client.
10. Data Protection
The Photographer processes the personal data of the client in accordance with applicable data protection laws (see the privacy policy on the website). These data will be used exclusively for the purposes of fulfilling the contract.
11. Force Majeure
In the event of force majeure (e.g., natural disasters, illness, government orders), the Photographer is entitled to cancel the contract without liability for damages or to reschedule the appointment.
12. Final Provisions
German law applies.- The place of jurisdiction for any disputes arising from the contract is the Photographer’s place of residence, unless the client is a merchant or does not have a general place of jurisdiction in Germany.- Should any provision of these T&C be invalid or unenforceable, the remainder of the contract will remain valid. The invalid provision will be replaced by a provision that most closely matches the economic purpose of the invalid provision.---These Terms and Conditions form the basis of the contractual agreement between you and the Photographer.
