§ 1 General

(1) The personal data of the customer required for business transactions (name, email address, telephone number) will be digitally stored in the photographer’s client database. The photographer commits to treating all information obtained in the course of the assignment confidentially.
(2) The photographer is not obligated to permanently archive the image material unless explicitly agreed otherwise in writing. Original files, such as RAW files, remain with the photographer.
(3) The photographer is not liable for the unintentional loss of stored and digital data.
(4) Complaints of any kind must be submitted in writing to the photographer within 14 days of the delivery of the images or work. After this period, the images or works are considered contractually compliant and free of defects.
(5) For shoots lasting more than 4 hours, the photographer is entitled to reasonable breaks, including catering.

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§ 2 Payment, Retention of Ownership

(1) If the appointment cannot take place due to force majeure (certified illness of the customer, contact restrictions due to COVID-19 regulations), the photographer agrees to reschedule the assignment to another date.
a) If the customer withdraws from the contract for other personal reasons, compensation amounting to 80% of the agreed fee must be paid.
(2) If the photographer is unable to fulfill the assignment due to force majeure (certified illness of the photographer, contact restrictions due to COVID-19 regulations), the customer waives claims for damages or the transfer of any additional costs to the photographer. In this case, the photographer offers to reschedule the appointment.
a) If rescheduling is not possible, the photographer offers to issue a voucher for the value of the service for a future photo session.
(3) The fee for the assignment corresponds to the total amount stated.
a) A deposit of 50% of the agreed total fee is due upon contract signing. The remaining 50% must be paid upon fulfillment of the assignment (day of the shoot), but no later than 14 days thereafter, either in cash or via bank transfer.
b) The customer agrees to receive invoices via email, eliminating postal delivery.
c) If the customer fails to make payment within 14 days after the assignment is completed, a first reminder will be issued. In this case, the outstanding fee will accrue interest at 10% p.a.
d) Reminder fees (e.g., postage costs) and costs associated with (even extrajudicial) legal interventions are borne by the customer.
(4) The usage rights for the delivered images and ownership rights for other goods (e.g., photo books) are transferred to the customer only after full payment of the fee.
(5) If unforeseen delays occur on the day of the shoot, the service period of the photographer can be extended at the customer's request. Any additional costs will be invoiced separately.

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§ 3 Delivery & Editing

(1) All photos undergo basic optimization in terms of color, contrast, brightness, sharpness, and cropping, edited in the photographer’s signature style.
(2) The customer receives a meaningful preview of a selection of the captured images within 7 days after the assignment's completion to discuss any retouching preferences for the final editing. This preview will be provided via the online gallery pixieset.com.
(3) Complaints and retouching requests must be submitted collectively and in writing in a single email to the photographer within 14 days after the preview is made available.
a) The implementation of change requests is at the photographer's discretion.
b) The photographer points out that only adjustments regarding color, contrast, brightness, sharpness, and cropping can be considered.
c) Any image manipulations, such as complex removal or insertion of objects/people, alterations to faces and body shapes, or background changes, are excluded.
(4) After implementing the requested changes, the final images will be delivered. Upon delivery of the image files, they are considered contractually compliant and free of defects. Further change requests are no longer part of this contract and require a new agreement and billing.
(5) Digital image files are delivered in JPEG format at a resolution of at least 3000 x 2000 pixels at 300 dpi (suitable for photo prints) and 1500 x 1000 pixels at 300 dpi (suitable for digital use, e.g., social media).
a) Image files are usually delivered within approximately 4 weeks after completion of the assignment as a digital download via pixieset.com (additionally by mail on a USB stick if this option was booked).
b) In case of a delay, the photographer is obliged to inform the customer before the 4-week period expires.

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§ 4 Copyright, Usage Rights

(1) The photographer retains the exclusive copyright.
(2) The photographer may use the resulting images for self-promotion.
a) This includes, among others, publication on Instagram, the photographer’s website, and Facebook page. The customer is responsible for informing all depicted persons about the possibility of publication. The customer bears any claims from third parties resulting from failure to fulfill this obligation.
b) The photographer will never publish photographs in which a minor’s face is recognizable without prior written consultation with the customer.
c) If the customer does not wish for certain images to be published, this must be communicated to the photographer in advance and recorded as an additional agreement in the contract.
(3) The customer may use the photos for private purposes in their original, unaltered form without time restrictions.
a) This means that any further editing by the customer (e.g., using filters or editing programs such as FaceTune) is not permitted.
b) Private use includes printing, creating albums and photo gifts, as well as posting on private online profiles (social media).
c) For commercial use (e.g., publication in print or online magazines, use on third-party websites, or paid collaborations with sponsors), the customer must obtain an extended, paid usage right from the photographer.
d) If § 4, (3) c) is violated, the photographer reserves the right to take legal action.
(4) When publishing the images, the customer must include a visible copyright notice (© Ines Limbach | IL Photography) in or below the image. In online media and social media channels, an appropriate link (e.g., to the Instagram profile @ineslimbach or the photographer’s website il-photography.de) must also be provided. Furthermore, passing on the images, especially selling them, is strictly prohibited.