Fotostudio Loske Riem Arcarden Munich I. General 1. The following terms and conditions apply to all of the Fotostudio Loske
(hereinafter referred to as FOTOSTUDIO LOSKE in the Riem-Arcaden and Paul-Gerhard Loske) accepted orders in the photo studio, as well as freelance work. After an effective, initial agreement, they also apply to all future terms and conditions. In the absence of express confirmation, recognition takes place through the placing of an order, execution or acceptance of the goods or delivery. They are deemed to have been agreed if not contradicted as quickly as possible. 2. If the customer has his own general terms and conditions under reference, these will only be binding if they are expressly recognized by the studio in writing. 3. Photographs in the sense of these terms and conditions are all products manufactured by StudioLoske, regardless of the medium or technical form in which they exist or were created. Including in particular digital (electronic single images) recordings, slides, negatives, repros, enlargements (paper images), videos, etc.
II. Cancellation fee, disruption of the service 1. Booking and registration are binding and you thereby accept the general conditions. 2. For the cancellation of booked, binding dates, the StudioLoske can claim damages as follows:
In the studio: business, family, children, application, portrait - up to 48 hours before the appointment - without loss of fees - up to 24 hours before the appointment - 30% of the admission fee according to the price list - up to 12 hours before the appointment - 50% of the admission fee after Price list
In the studio: erotic photography and nudes - up to 48 hours before the appointment - no fee - from 24 hours before the appointment - recording fee according to the price list Outside: event photography, baptism wedding,
- up to 10 weeks before the appointment 25% - up to 4 weeks before the appointment 50% - up to 2 weeks before the appointment 70% - under this time the full amount of the agreed fee is to be paid. No compensation for loss in the event of illness or accident (with a doctor's artest) 3. If the StudioLoske provides the client with photographs or image material from its archive, the client has the unselected images within 2 weeks of receipt by the customer, the selected within one month after use send back. If the client is in default with the return, the StudioLoske can charge a fee of 2 (two) euros per day and image. In the event of damage or loss that precludes further use of the images, the StudioLoske can demand compensation. The compensation is at least 1500 (one thousand five hundred) euros for each original and 300 (three hundred) euros for each duplicate. The StudioLoske reserves the right to further assert higher damages. 5. If the time agreed for the execution of an order is significantly exceeded for reasons for which StudioLoske is not responsible, the fee increases accordingly if a flat rate was agreed. If a time fee has been agreed, StudioLoske will also receive for the waiting time the agreed hourly or daily rate, unless the client can prove that the StudioLoske has not suffered any damage. 6. Delivery dates for photographic work, photographs and other work are only binding if they have been confirmed in writing or expressly by StudioLoske. StudioLoske is only liable for exceeding the deadline in the event of gross negligence and intent. III. Copyright 1. StudioLoske is entitled to the copyright on the photographs (photographs) in the sense and in accordance with the copyright law. 2. The photographs (photographs) produced by StudioLoske are basically only intended for own use and in the form and type ordered by the client. 3. If the StudioLoske transfers rights of use to its works, only the simple right of use is transferred, unless otherwise expressly agreed in writing and in each case. A transfer of usage rights to third parties requires a special agreement. The rights of use are only effective after full payment. 4. The client and purchaser of a picture within the meaning of § 60 UrhG has no right to reproduce, copy, scan, save, publish, email or distribute the photographs (photos and as in I.3), if not the corresponding rights of use have been transferred. Reference is expressly made to Section 60 UrhG. 5. Unless otherwise agreed, StudioLoske can request to be named as the author of the photo when using the photographs. A violation of the right to be named entitles the StudioLoske to compensation. 6. The created original data (including negatives, slides) remain with the StudioLoske. The originals will only be released to the client if a separate agreement has been made. The author or the StudioLoske operates a viewing and ordering portal for images after the respective photo shoots. This portal is intended for customers and is provided with a user name and password. The photos posted are pure raw data without processing and provided with a watermark. In this form, they do not correspond to the author's ideas. After ordering, these are optimized and delivered to the customer. The images on this portal are protected and may not be distributed or saved in any form (screenshots). In particular, it is not permitted to pass them on or make them available on internet portals or websites. Violations will be prosecuted. The compensation for damages amounts to at least EUR 500.00 for each picture uploaded. StudioLoske reserves the right to further assert higher damages.IV. Use and dissemination 1. The dissemination of photographic recordings from StudioLoske in online databases, intranets, on diskette, CD-ROM or similar data carriers, in electronic archives and on the Internet, which are not only intended for internal use by the client only permitted with a special agreement between StudioLoske and the client. 2. The transfer of digitized photos on the Internet and intranets and on data carriers and devices that are suitable for public reproduction on screens or for the production of soft and hard copies requires the prior written consent of the StudioLoske3. The StudioLoske is not obliged to To surrender data carriers, files and data to the client unless this has been expressly agreed in writing.

4. If the client wishes the StudioLoske to provide him with data carriers, files and data, this must be agreed and paid for separately. 5. The dissemination and duplication of edited photographs, which the StudioLoske has produced electronically, require the prior written consent of the StudioLoske. 6. The StudioLoske has the right to use all recordings free of charge (except for nudes with recognition of the person (face), unless expressly agreed otherwise, for self-presentation and advertising measures for the StudioLoske. 7. The StudioLoske has the right to also use all photo recordings made which are not assigned to the photo studio in the RiemArcaden, but to use orders such as reports, trade fair photos, factual and industrial photographs, commissioned architectural photographs of trade fair stands from stand builders and exhibitors, etc. for their own representations and presentations (as in 6). the client expressly objects when placing the order or confirming the order. The contractor (StudioLoske) can request a corresponding advance payment when placing the order. Photos are only fully released after the invoice has been paid in full available g, these may only be changed with the customer's prior consent.

V. Remuneration, retention of title 1. For the production of photos, a fee is calculated as an hourly rate, daily rate or an agreed flat rate plus the statutory value added tax. Additional costs (travel, expenses, fees for models, set-up time, studio rent, laboratory and material costs, etc.) are to be borne by the client. (Quotation) 2. The delivered photographs remain the property of StudioLoske until the invoice has been paid in full. 3. If the client has not given the StudioLoske or photographer precise instructions regarding the design of the photo recordings or the photo enlargements made in the laboratory (color, contrast, etc.), as well as all work in the digital area such as montages, fonts, etc., then complaints are excluded with regard to the image conception of the artistic, typographical and technical design. If the client wishes changes during or after production, he has to bear the additional costs incurred up to that point. VI. Secondary obligations 1. The client assures that he has the right of reproduction and distribution for all templates handed over to the studio and, in the case of portraits of persons, the consent of the persons depicted for publication, reproduction and distribution. Third party claims for compensation based on the breach of this obligation are borne by the client. VII. Data protection 1. The StudioLoske undertakes to treat all information that it has become aware of in the context of the order confidentially. Personal data of the client required for business dealings can be saved..VIII. Digital Photography 1. The digitization, storage and reproduction of the photos by StudioLoske on data carriers of all kinds requires prior written consent. 2. The transfer of usage rights does not include the right to save and reproduce if this right has not been expressly transferred. IX. Image processing 1. The processing of photo recordings and photographic work by StudioLoske and their reproduction and distribution, analog or digital, requires prior consent. If a new work is created through assembly, composing or other electronic manipulation, it must be marked accordingly. The authors of the works used and the author of the new work are co-authors within the meaning of Section 8 of the Copyright Act. 2. The client assures that he is entitled to commission the STUDIO with the electronic processing of third-party photos if he issues such an order. He releases the STUDIO from all claims by third parties based on the violation of this obligation. X. Liability 1. The StudioLoske is only liable for itself and its employees in the event of gross negligence and intent for the breach of obligations that are not directly related to essential contractual obligations. The StudioLoske is also liable for damage resulting from injury to life, limb or health as well as from the breach of essential contractual obligations that the STUDIO or its vicarious agents have caused through culpable breaches of duty. Unless otherwise agreed, the StudioLoske is only liable for damage to recording objects, displays, templates, layouts, films, negatives or data in the event of willful intent and gross negligence. 2. The StudioLoske keeps all its own originals carefully. The studio is entitled, but not obliged, to destroy the stored originals two years after the end of the contract. Negatives or third-party photo orders that have been handed over can be disposed of after 3 months if they are not picked up. 3. The sending and return of photos, images, templates and films is at the expense and risk of the client. The client can determine by whom and how the return is made. 4. The risk and costs of the transport of data carriers, files and data online and offline lie with the client; The contractor can determine the method of transmission. XI. Final provisions 1. The place of performance for all obligations arising from the contractual relationship is the headquarters of StudioLoske and Paul-Gerhard Loske. The law of the Federal Republic of Germany applies to all contractual relationships, including delivery or granting of usage rights abroad. 2. Subsidiary agreements to the contract or to these terms and conditions must be made in writing. 3. The possible invalidity of one or more provisions of these GTC does not affect the effectiveness of the remaining provisions. The ineffective provision will be replaced by an effective provision that corresponds to the meaning and comes closest to the intended economic regulation.
As of January 2020