I. General

1.1 The production of images and other works and the granting of rights of use thereof shall be governed exclusively by the following terms and conditions (GTC). These terms and conditions shall also apply to all future contracts for the production and granting of rights of use, unless expressly agreed otherwise.

1.2. Terms and conditions of the client that deviate from the following terms and conditions will not be recognised. Such deviating terms and conditions will not become part of the contract even if the photographer does not expressly object to them.

1.3. Works are photographs and other graphic works produced by the photographer, whether moving or still, regardless of the technical form or medium in which they were created or are available.

II. Copyright and rights of use

2.1. The photographer is entitled to the copyright to the photographs in accordance with the Copyright Act.

2.2. The works produced by the photographer are generally intended for the client's own use only.

2.3. If the photographer transfers rights of use to his works, only the simple right of use shall be transferred in each case, unless expressly agreed otherwise. The transfer of rights of use requires a special agreement. Rights of use are only transferred to the works that the client accepts as being in accordance with the contract, not to works that are only provided for viewing or selection.

2.4. The rights of use shall only be transferred after full payment of all claims to which the photographer is entitled from the business relationship.

2.5. The purchaser of an image within the meaning of Section 60 of the German Copyright Act (UrhG) has no right to reproduce and distribute the photograph unless the

corresponding rights of use have been transferred. Section 60 UrhG is expressly waived.

2.6. When using the photographs, the photographer must be named as the author of the photographs, unless otherwise agreed.

2.7. a) The processing of the photographer's works (e.g. photo composing, montage or other electronic or analogue manipulation) and their reproduction and distribution, analogue or digital;

2.7. b) the distribution of the photographer's works on the Internet and in intranets, in online databases, in electronic archives that are not intended solely for the client's internal use, on diskette, CD-ROM or other data carriers;

2.7 c) public display on screens or projectors;

are not permitted unless expressly agreed between the photographer and the client.

2.8. The photographer is not obliged to hand over data carriers, files and data to the client unless this has been expressly agreed in writing.

2.9. Notwithstanding the transferred rights of use, the photographer remains entitled to use the works for his own advertising purposes. Public reproduction of works showing recognisable persons shall only take place with their consent.

III. Remuneration, retention of title, storage

3.1. Cost estimates provided by the photographer are non-binding. The photographer reserves all rights of use and distribution for cost estimates, drawings, graphics, plans and other documents created by him. They may not be made accessible to third parties. If the order is not placed, they must be returned to the photographer immediately.

3.2 A fee shall be agreed for the production of the works as an hourly rate, daily rate or agreed flat rate; ancillary costs (travel expenses, model fees, expenses, props, laboratory and material costs, studio rentals, data handling costs, etc.) shall be borne by the client. The agreed fee shall apply. The fee shall be calculated on the basis of the current version of the image fee overview of the Mittelstandsgemeinschaft Foto-Marketing (MFM) of the Bundesverband der Pressebild-Agenturen und Bildarchive (BVPA) (Federal Association of Press Photo Agencies and Image Archives).

3.3. If the client wishes the photographer to provide him with data carriers, files and data, this must be agreed and remunerated separately. Unless otherwise agreed, the photographer's current price list shall apply.

3.4. Until full payment of all claims to which the photographer is entitled from the business relationship, the delivered works and data carriers remain the property of the photographer.

3.5. If the client has not given the photographer any express instructions regarding the design of the photographs, complaints regarding the image concept and the artistic and technical design are excluded. If the client requests changes during or after the production of the photographs, he shall bear the additional costs.

3.6. The photographer is not obliged to store analogue negatives or digital data of the completed works after they have been accepted by the client and made available to them in accordance with the contract. If storage or safekeeping by the photographer is required, this must be expressly agreed separately and remunerated.

IV. Liability

4.1. The liability of the photographer and his vicarious agents for breaches of contractual obligations and for tort

is limited to intent and gross negligence. This does not apply in the event of injury to life, limb or health of the client or persons to be photographed, claims due to the breach of cardinal obligations, i.e. obligations arising from the nature of the contract and whose breach jeopardises the achievement of the purpose of the contract, as well as compensation for damages caused by delay (§ 286 BGB). In this respect, the photographer shall be liable for any degree of fault. However, liability in the event of a delay in delivery shall be limited to 0.5% of the agreed remuneration for the works to be delivered for each completed week of delay, up to a maximum of 5% of the agreed remuneration, within the framework of a lump-sum compensation for delay. Liability in the event of a breach of essential contractual obligations shall be limited to the regularly foreseeable damage.

4.2. The photographer shall only be liable for the lightfastness and durability of photographs within the scope of the warranty provided by the manufacturer of the photographic material.

4.3. The dispatch and return of works, templates and other data carriers shall be at the expense and risk of the client. The client may determine how and by whom the dispatch is to be made.

V. Ancillary obligations

5.1. The client assures that he/she possesses the rights of reproduction, editing and distribution for all templates and works handed over to the photographer and, in the case of portraits, the consent of the persons depicted for publication, reproduction and distribution. The client indemnifies the photographer against any claims for compensation by third parties based on a breach of this obligation.

5.2 The client undertakes to make the objects to be photographed available in good time and to collect them immediately after they have been photographed. If the client does not collect the objects to be photographed within two working days of being notified that the photographs have been taken, the photographer shall be entitled to charge storage costs or, if his studio space is blocked, to remove or store the objects at the client's expense. Fourteen days after the request, the risk of accidental loss or damage shall pass to the client.

VI. Performance failure, cancellation fee, compensation

6.1. Schedules and delivery dates are only binding if they have been expressly confirmed as binding by the photographer.

6.2. If the time scheduled for the execution of the order is significantly exceeded for reasons for which the photographer is not responsible, the photographer's fee shall increase accordingly if a flat rate has been agreed. If an hourly fee has been agreed, the photographer shall also receive the agreed hourly or daily rate for the waiting time, unless the client can prove that the photographer has incurred no or less damage. If the client is responsible for the delay, the photographer may also claim further damages.

6.3.a) If the client fails to name the author of the image when publishing it, the client shall pay damages in the amount of the agreed remuneration; if no remuneration has been agreed, in the amount of the usual usage fee, but at least €200 per image and individual case.

6.3.b) In the event of unauthorised use, modification, redesign or disclosure of a work by the client, the client shall pay damages amounting to twice the agreed fee for such use; if no fee has been agreed, twice the usual usage fee, but at least €200 per work and individual case.

6.3.c) If the client cancels the order before commencement of execution without the photographer being at fault, the client shall pay the photographer 10% of the total order amount as compensation.

6.3.d) The photographer reserves the right to claim further damages in accordance with a) - c). The client reserves the right to prove that the actual damage was less than claimed in accordance with a) - c).

VII. Data protection

The client's data provided to the photographer shall be stored electronically to the extent necessary for the proper execution of the business relationship. The photographer undertakes to treat all information disclosed to him within the scope of the order as confidential.

VIII. Final provisions

If both contracting parties are merchants or if the client is a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the photographer's place of business.

IX. Miscellaneous

The photographer points out that the client may have to pay contributions to the artists' Künstlersozialkasse for the remuneration paid. The client shall inform himself about this.