GENERAL TERMS AND CONDITIONS OF ALEXANDER GRAZIANO
§1 Scope / General
(1) The following terms and conditions apply to all assignments, offers, deliveries and services carried out by Alexander Graziano. Unless otherwise agreed, these terms shall also apply to all future assignments from the same client.
These terms serve to regulate and clarify certain aspects of the contractual relationship, which is otherwise governed by the individual agreement. Any amendments or additions must be made in writing and explicitly identified as such.
The contracting parties agree that only these terms and conditions of the contractor shall apply. Any terms and conditions of the client shall not apply. In the event of conflicting written agreements, such agreements shall take precedence over these terms.
(2) The contractor may carry out the photographic work personally or have it performed by third parties (e.g. a second shooter).
(3) “Photographs” within the meaning of these terms include all products created by the contractor, regardless of the technical form or medium (prints, canvas, digital files, storage media, slides, negatives, etc.). The client acknowledges that all delivered material is protected by copyright in accordance with § 2 para. 1 no. 5 of the German Copyright Act.
(4) Unless expressly instructed otherwise, the contractor has full artistic and technical freedom regarding the composition and execution of the photographs. Complaints based on artistic interpretation are excluded.
(5) For photographs of persons or objects where third-party rights exist, the client is responsible for obtaining all necessary permissions for creation and use.
(6) The basis of the contract is the respective offer provided by the contractor, in which all agreed services and compensation are defined. All offers are non-binding.
(7) The contract is concluded upon written confirmation of the commissioned offer.
(8) The services offered by the contractor must be reviewed and confirmed by the client, either in writing or by payment of the agreed advance.
§2 Usage and Copyright
(1) The photographer retains the exclusive copyright to all photographs created under the respective assignment. Copyright is not transferable under German law.
(2) The contractor grants the client a simple (non-exclusive) usage right for the photographs. This right is limited to private, non-commercial use. Any modification, editing or transformation of the images requires prior written consent of the contractor. The transfer of usage rights to third parties is generally not permitted.
(3) Any commercial use of the images, regardless of form, requires prior written consent of the contractor. This also applies to altered or edited versions of the images.
(4) Usage rights are transferred only after full payment of the agreed fee.
(5) If permission for publication is granted, the photographer may require to be credited as the author. Failure to do so may result in a claim for damages.
(6) The client receives only edited, high-resolution image files in JPG format. The delivery of unedited RAW files is excluded. Storage of image files is not part of the contract and is provided without guarantee. The minimum number of images is defined in the confirmed offer.
(7) Any deviations or special conditions regarding usage rights must be agreed in writing.
§3 Compensation
(1) The fee for photographic services is based on a daily rate or agreed flat rate, including statutory VAT and, where applicable, additional travel costs.
(2) Invoices are payable within 7 days without deduction. Until full payment has been received, all delivered photographs remain the property of the contractor.
(3) If the agreed time frame is significantly exceeded for reasons beyond the contractor’s control, or extended at the request of the client, the fee shall increase accordingly based on the additional time required.
(4) Upon signing the contract, a deposit of 50% of the total amount is due. Only upon receipt of this payment are the agreed dates considered officially booked. If payment is not made on time, the contractor is not obliged to perform the assignment.
§4 Liability / Transfer of Risk
(1) The contractor shall only be liable for damages in cases of intent or gross negligence. This limitation does not apply to damages resulting from injury to life, body or health, or from the breach of essential contractual obligations.
(2) The contractor is only liable for loss or damage to digital image data in cases of intent or gross negligence.
(3) Delivery dates are only binding if explicitly confirmed by the contractor. Liability for delays applies only in cases of intent or gross negligence.
(4) Complaints of any kind must be submitted within 14 days after delivery of the images. After this period, the images are deemed accepted as contractually compliant and free of defects.
§5 Cancellation & Refund Policy
The deposit of 50% of the total amount is non-refundable, even in the event of cancellation.
Refund policy in case of cancellation:
Up to 14 days before the wedding: 10% refund of the total amount
15–60 days before the wedding: 25% refund of the total amount
60–100 days before the wedding: 40% refund of the total amount
§6 Data Protection
The client agrees that personal data necessary for business purposes may be stored. The contractor undertakes to treat all information obtained within the scope of the assignment as confidential. Data will not be shared with third parties unless necessary for the execution of the contract.
§7 Final Provisions / Severability Clause
(1) The law of the Federal Republic of Germany shall apply exclusively.
(2) There are no verbal side agreements. Any amendments must be made in writing to be effective.
(3) If the client does not have a place of jurisdiction in Germany, or relocates abroad after conclusion of the contract, the place of residence of the contractor shall be agreed as the place of jurisdiction.
(4) Should any provision of these terms be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the intended economic purpose. The same applies in the event of a gap.
Status: March 2026**
This English version is provided for convenience only. The German version is legally binding.
