General Terms and Conditions for Photographic Services
1. Scope of Application
These General Terms and Conditions (GTC) apply to all photography services provided by Lisa Schmerold - Palmtree Pictures ("Photographer") to clients ("Client"), particularly in the fields of gastronomy, tourism, travel, and product photography. By commissioning a service, the Client agrees to these terms.
2. Conclusion of Contract
A contract is deemed concluded when the Client accepts a written offer from the Photographer (via email or signed document). Any additional agreements, including changes to the scope or specifications, must be confirmed in writing.
3. Services and Deliverables
The scope of services and deliverables is defined in the individual agreement. Unless otherwise agreed, the Photographer provides high-resolution, professionally edited digital images. Raw files are not part of the standard deliverables.
4. Fees and Payment
The Photographer charges a non-refundable daily shooting fee for the agreed photography session(s), exclusive of VAT where applicable. This fee covers the Photographer’s time, expertise, and production costs, regardless of whether the Client ultimately uses the images.
Additional costs such as travel, accommodation, assistants, location fees, props, or equipment rentals shall be covered by the Client unless otherwise agreed in writing.
A non-refundable deposit equal to the shooting fee (or the first daily fee in multi-day projects) is required to confirm the booking. The remaining balance must be paid in full before delivery of the final images. The Photographer reserves the right to withhold delivery until full payment has been received.
Instalment payments are only possible if agreed upon in writing in advance. In all cases, delivery of the final images will only occur after the full invoice amount has been paid.
The Photographer generally requires up to 30 days from the date of the shoot to complete the editing and deliver the final images. If the Client requires delivery sooner, a rush delivery fee may apply, which must be agreed upon before the project begins.
In case of delayed payment, statutory interest, reminder fees, and any legal collection costs will apply from the first day following the due date.
5. Copyright and Usage Rights
All images remain the intellectual property of the Photographer. Unless otherwise agreed, the Client receives non-exclusive, non-transferable usage rights for the agreed purpose (e.g., website, social media, press). Extended or commercial use (e.g., resale, third-party use, advertising beyond the agreed scope) requires separate licensing and compensation.
6. Credit and Authorship
The Photographer must be credited by name where reasonable (e.g., on websites, in publications, or social media). In cases of press usage or editorial publication, the credit line must read “Lisa Schmerold”.
7. Client Cooperation
The Client agrees to cooperate in good faith, including providing necessary access, contacts, and briefings. Delays caused by the Client may affect delivery timelines.
8. Cancellation and Postponement
All cancellations must be made in writing. The shooting fee is non-refundable in all cases, regardless of when the cancellation occurs.
If the Client cancels after confirming the booking:
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Up to 14 days before the shoot: The shooting fee remains payable in full.
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Less than 7 days before the shoot: The shooting fee remains payable in full, and any additional agreed project costs already incurred (e.g., travel, location, assistants) will also be charged.
For weather-dependent shoots, one postponement is permitted without penalty if notice is given at least 48 hours in advance. Any further postponements may incur additional fees.
9. Image Storage and Archiving
The Photographer is not obliged to archive images after final delivery. Clients are responsible for their own secure backup. Archiving may be offered as an additional service.
10. Liability
The Photographer is liable only for intentional or grossly negligent conduct. Liability for indirect damages or loss of profit is excluded. In cases of force majeure (e.g., illness, accidents, natural disasters), the Photographer is released from the obligation to perform without liability.
11. Final Image Selection and Style
The Photographer retains the right to select and edit the final images in accordance with their artistic style. The Client has no claim to all image files or unedited versions unless otherwise agreed.
12. Revisions and Special Requests
Reasonable revisions (e.g., minor retouching) are included. Extensive edits or special requests may incur additional costs, which will be agreed upon before execution.Reasonable revisions (e.g., minor retouching) are included. Extensive edits or special requests may incur additional costs, which will be agreed upon before execution.
13. Data Protection
The Photographer processes Client data exclusively for project-related purposes and complies with all applicable data protection laws. Images featuring people will only be used for self-promotion (e.g., website, portfolio, social media) with explicit permission.
14. Confidentiality
Both parties agree to treat all confidential information obtained in the course of the project as strictly confidential, unless disclosure is required by law or consent is given.
15. Governing Law and Jurisdiction
These GTC are governed by the laws of Austria. The place of jurisdiction is Vienna, unless another mandatory venue applies.
16. Severability Clause
Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision will be replaced by a valid one that best reflects the original intent.