Terms and Conditions
General
1. All services are carried out with the greatest care, passion and creativity – exclusively on the basis of these Terms and Conditions. They form the foundation of our cooperation and help to keep everything clear & transparent. Momentsammler provides services in the field of photography and/or videography.
2. Our work thrives on creativity and emotion. You trust us to capture your day the way we see it – honestly, aesthetically and authentically. Of course, we take your wishes and ideas into account as much as possible. Wishes submitted in advance help immensely to achieve a perfect result. Subsequent change requests by the client require a separate agreement and are charged accordingly. As a preventive measure, we always recommend that you provide the most precise ideas and wishes possible (photos: style, editing, flash, … videos: cut, music, sound, …) so that results requiring changes do not arise in the first place. But don't worry: should individual photos need minor subsequent editing (colours, exposure, contrast) afterwards, this is of course not charged. (Total effort up to 2h)
3. It cannot be guaranteed that all persons present at a celebration or all key elements will be captured. Momentsammler is, however, always committed to achieving this, if this is desired by the client.
4. Momentsammler must be granted appropriate breaks including catering. During these breaks, however, Momentsammler is nevertheless always prepared for spontaneous action and can react quickly.
5. Momentsammler is not obliged to permanently archive the image material, unless expressly agreed otherwise in writing, and assumes no liability for data loss after handover. Momentsammler will carefully select and edit the images that are presented to the client for approval.
Copyright Provisions
1. All photos and videos remain the copyright property of Momentsammler. You receive from us an unlimited, private licence to use them – meaning: you may share, print, post, give away and view them again and again. Commercial use (e.g. for advertising or products) is only permitted by prior agreement. Momentsammler holds the copyright to the images in accordance with copyright law.
3. When making any use (reproduction, distribution, broadcasting, etc.), the client is obliged to attribute Momentsammler clearly, legibly & visibly directly next to the image, in the sense of the WURA (Universal Copyright Convention). As follows: Photo: ©momentsammler.at
5. We love to show our work – but always with sensitivity. Taking into account the provisions of § 78 UrhG (Austrian Copyright Act), you expressly agree that Momentsammler may use selected photos and videos (e.g. on the website, social media, or similar) for advertising purposes. Of course, we pay attention to aesthetics and respect in doing so – intimate moments, children or nudity are never shown inappropriately. This consent is given voluntarily and can be revoked at any time with effect for the future. The granting of these usage rights is an integral part of the assignment and has been taken into account in the pricing.
Third-Party Claims
1. The client is responsible for obtaining any consent that may be required for depicted objects (e.g. works of fine art, designs and models, trademarks, photographic templates, etc.) or persons (e.g. models). In this respect, the client shall indemnify and hold Momentsammler harmless, in particular with regard to claims under §§ 78 UrhG (Austrian Copyright Act), 1041 ABGB (Austrian Civil Code).
Fee
1. Upon signing the contract, a deposit of 30 % of the agreed fee becomes due – with this we reserve your date bindingly and block it exclusively for you. The remaining amount is to be settled within 14 days after delivery of the finished photos/videos. If the advance payment is not made as a deposit, Momentsammler is entitled not to carry out the assignment and to dissolve the contract without setting a grace period.
Bank details: N26 IBAN: DE49 1001 1001 2626 7768 77 BIC: NTSBDEB1XXX
2. Should you have to postpone or cancel your wedding, we ask for your understanding that days already reserved and preparations already made incur costs. Depending on the timing, we therefore retain a portion of the fee – simply to ensure fair planning for both sides (up to sixteen (16) weeks before the wedding 30% cancellation fee of the amount still outstanding, up to eight (8) weeks beforehand 75%, up to four (4) weeks beforehand 90 % and from one week 100 %). Deposits are not refunded in the event of withdrawal from the contract or non-compliance with the date (e.g. a cancelled wedding). The remaining amount is due within 14 days at the latest after receipt of the invoice or after receipt of the images. This is without prejudice to any statutory rights of withdrawal under the KSchG (Austrian Consumer Protection Act), insofar as these apply.
3. Postponing the wedding due to special circumstances is possible without any problem and does not entail any additional fees.
4. Until the fee has been paid in full, the usage rights for the delivered images and the property rights for other goods (e.g. photo book, etc.) remain with Momentsammler.
5. For a spontaneous extension of the recording productions at the express request of the client, or if services are rendered outside the previously agreed scope of services, a fee of 500 EUR is charged for each additional hour begun (from 15 minutes). Momentsammler is not obliged to remind the client of the point from which the free allowance has been used up or from which a further additional hour begins – but always endeavours to do so.
6. All prices stated to the client in advance are fixed prices. Any discounts (e.g. trade-fair discounts) are already deducted accordingly in advance.
7. Offers, order confirmations or verbal supplementary agreements are only binding insofar as they have been recorded in writing in the contract or are expressly referred to therein. Momentsammler often provides standardised offers with exemplary scopes of services that the client probably does not need/book at all.
Travel Costs
1. If Momentsammler's outward and return journey exceeds the previously agreed scope, or if no written agreement to the contrary has been made, the following travel costs are charged: per kilometre driven € 0,50 , plus per hour of travel time € 55,-. In the case of arrival by train or plane, as well as when an overnight stay is required, the costs or expenses actually incurred (against receipt) are invoiced.
Liability
1. Should an assignment become impossible due to illness, accident or unforeseeable events, we will take care (if you wish) of an equivalent replacement. Amounts already paid we will of course refund. Claims for damages directed against Momentsammler arising from default, impossibility of performance, or breach of statutory and/or contractual ancillary and protective obligations upon conclusion of the contract are excluded, insofar as the damage was not caused by intentional conduct of Momentsammler or its vicarious agents. The organisation, allocation and execution of assignments take place with careful planning.
2. No liability is accepted for defects attributable to incorrect or inaccurate instructions given by the contractual partner (§ 1168a ABGB (Austrian Civil Code)).
3. The contractual partner/client bears the risk for all circumstances that do not lie with the photographer, such as weather conditions for outdoor shots, timely provision of products and props, no-shows of models, travel obstructions, etc.
4. In the event of loss or damage of recordings produced during the assignment (slides, RAW material), Momentsammler is liable, on whatever legal grounds, only in the case of intent and gross negligence. Liability is limited to its own fault and that of its employees; the photographer is not liable for third parties (labs, etc.). Any liability is limited to the material costs and the free repetition of the recordings (if and insofar as this is possible). The client is not entitled to any further claims.
5. Should you notice something you do not like when reviewing your photos or videos, please let us know within one week (7 days) – so that we can react quickly and support you as best as possible. After that, the images or works are deemed to have been accepted as contractually agreed and free of defects.
6. In the case of reproductions, reorders and enlargements, colour differences may arise compared to the original or the first images. Colour differences can also occur with prints and printouts of any kind that are created from a digital file. This is not a defect of the work and does not justify a complaint.
7. Delivery dates for images are only binding if they have been confirmed in writing by Momentsammler. Momentsammler is liable for exceeding a deadline only in the case of intent.
8. This limitation of liability does not apply to personal injury and not in the case of intentional or grossly negligent conduct.
Final Provisions
1. The place of performance and jurisdiction is the photographer's place of business. In the event of a relocation of the registered office, actions may be brought at both the old and the new place of business.
2. The Product Liability Act, PHG (Austrian Product Liability Act), is not applicable; in any case, liability for damages other than personal injury is excluded if the contractual partner is an entrepreneur. Otherwise, Austrian law applies, which also takes precedence over international sales law.
3. Indemnifications and hold-harmless undertakings also cover the costs of out-of-court legal defence.
4. These Terms and Conditions do not apply insofar as mandatory provisions of the KSchG (Austrian Consumer Protection Act) conflict with them. Partial invalidity of individual provisions (of the contract) does not affect the validity of the remaining contractual provisions.
5. In summary: You entrust us with your memories – and we give our best for them, professionally, honestly & wholeheartedly. These Terms and Conditions simply ensure that our cooperation remains fair and clear for both sides.