§ 1 Scope of these General Terms and Conditions
1. These General Terms and Conditions (GTC) apply in addition to the contract concluded between David Rudolf and the customer, insofar as these do not contain any regulations that deviate from the GTC.
2. David Rudolf provides all contractual services under the following conditions. In case of doubt, conflicting or deviating conditions of the customer are only recognized by a written declaration by David Rudolf .
§ 2 Offer, conclusion of contract, expansion of the scope of services calculated in the offer, subsequent changes to the contract
1. David Rudolf creates an offer for the customer before the contract is concluded, which corresponds to the project requirements communicated by the customer and the previously estimated effort. The contract is binding between the parties as soon as the customer accepts the offer from David Rudolf .
2. The offer is binding for David Rudolf with regard to the basic price information for the service units shown there. The scope of the service units includes the minimum scope, which can be expanded in the course of the execution of the contract, as described in the following paragraph.
3. If the scope of services estimated in the offer is subsequently expanded due to circumstances that are not
David Rudolf are responsible, but are attributable to the customer's sphere of risk, e.g. days lost for the photo shoot due to the weather, carrying out additional shooting days, the scope of digital processing going beyond the usual extent, David Rudolf is entitled to the additional services used by the customer , or the additional provision of equipment and workers as well as the additional costs incurred (e.g. accommodation costs) according to the prices shown in the offer without the need for a separate, express agreement on this. If the scope of services on which the offer was originally based expands significantly, the provisions of the following paragraph for contract changes apply accordingly.
4. If the customer requests a subsequent change to the contractually agreed services, e.g. a postponement of the agreed service date, a change in the service location, the use of additional or different equipment, David Rudolf will check whether the customer's change requests can be implemented within the operational possibilities of David Rudolf are. If this is the case, David Rudolf will submit an offer to the customer that contains the additional expenses incurred and the expected service deadlines. Both the submission of the offer and the customer's declaration of acceptance can be oral or
take place impliedly. However, David Rudolf is entitled to make the further provision of services dependent on a confirmation of the offer by the customer in text form. If the customer does not accept the offer to change the contract, or if he does not confirm the agreed change in service in text form after being requested by David Rudolf , the originally agreed scope of service remains.
§ 3 Project cancellations by the customer after the conclusion of the contract Project cancellations by the customer after the conclusion of the contract
1. If the customer informs David Rudolf after the conclusion of the contract that he will not use the contractually agreed services, for example because the contractually based photo shoot does not take place, or due to other reasons that do not legally entitle the customer to withdraw, this will be done David Rudolf from their contractual performance obligations.
2. Unless the parties have made an individual agreement to the contrary, David Rudolf is entitled in this case to invoice the contractually agreed remuneration in full less only those costs that have not yet arisen at the time the project was canceled. When paying for studio and location services (equipment and use of a digital operator, possibly digital assistants / light assistants in accordance with the respective contractual agreements), all income will be deducted that David Rudolf used in the agreed service period for other uses of the equipment and has achieved a different deployment of the digital operator's workforce (digital assistants / light assistants). When paying for post-production services, the amount to be deducted
§ 4 Content of contract, scope of services
The specific content of the contract and the scope of the services to be provided by David Rudolf (technical equipment and use of digital operator, postpro operator, digital and light assistant) result from the offer accepted by the customer and the price list on which this offer is based. Regardless of the selection of the technical equipment required by the customer, the following applies to the other services provided by David Rudolf :
4.1. Digital Operator
David Rudolf provides the customer with a digital operator as a contact person on site, who oversees all digital processes during the shoot and supports the project team in using the workstation and camera. In this context, the digital operator advises the customer and the project team on the implementation of the production-relevant parameters, controls the technical processes and ensures immediate visualization of the recordings in order to facilitate image selection and image processing. The services of the digital operator cover a ten-hour working day. If the customer's project requires additional working hours, the overtime worked per day must be remunerated in accordance with Section 4.8 and the hourly rates shown in the offer by David Rudolf .
4.2. Postpro Operator
If required, David Rudolf will provide the customer with a postpro operator to support post-production services. This can be used on site during the shoot or booked independently of the shoot. The payment can be made per day or per motif, the details are regulated in the offer depending on the project.
4.3. Digital Assistant
If required, David Rudolf provides the customer with a digital assistant to support the digital operator. This can only be booked together with a digital operator from David Rudolf .
4.4. light assistant
If required, David Rudolf provides the customer with a light assistant to support the photographer. He takes over all the usual tasks as the photographer's assistant. It can only be booked together with a digital operator from David Rudolf .
4.5. Studio Workstation / Location Workstation
The service component Studio / Location Workstation includes the use of a system solution for the digital acquisition and organization of the camera data as well as their further processing for the visualization of the images by the digital operator. The Studio Workstation is suitable for use within a photo studio. The Location Workstation is suitable for mobile use outside of a photo studio. The exact components of the workstation used for the customer result from the contractual agreements of the parties, in case of doubt from the offer from David Rudolf . The Studio Workstation and the Location Workstation cannot be booked individually, but only together with a digital operator provided by David Rudolf .
4.6. Selection kit
The service component selection kit includes the use of a system solution that supports the customer and the project team in selecting the images created in the photo shoot using the kit specified in the offer. This component cannot be booked individually either, but only in combination with the use of a digital operator provided by David Rudolf .
4.7. Data management
Data management also includes RAW development services, in which David Rudolf converts the RAW files specified by the customer into a common storage format desired by the customer and makes them available to him via server access. The performance obligations of David Rudolf are limited to an appropriate and usual volume of image files.
After the 30-day storage period for backing up the image files has expired, David Rudolf will delete the files stored with it.
4.8. Other service items
a. Preparation day
Preparation days are days on which the actual shooting is prepared. The booked equipment is set up and is available for testing the light, process, styling, etc. In general, a preparation day is characterized by the fact that the images created are not used commercially. Prices for preparation days vary depending on the requirements and time frame and are specified individually in the offer.
b. travel days
Travel days are days on which the equipment used and the digital operator are transported from David Rudolf 's headquarters to the place of performance and back. The contractually agreed remuneration for travel days includes the provision of the equipment and the manpower of the digital operator for the duration of the arrival and departure.
c. Option days
Option days are those days on which no photo shoots take place within the contractual performance period for project-related reasons or due to weather conditions or other circumstances and on which the digital operator does not work for the customer. The contractually agreed remuneration for option days includes the provision of the equipment and the manpower of the digital operator.
4.9. Costs
Depending on the circumstances of the project on which the contract is based, there may be additional costs that David Rudolf will pass on to the customer in accordance with the contractually agreed flat rates. If the parties have not agreed on any flat rates, David Rudolf is entitled to pass on the costs actually incurred to the customer upon presentation of receipts, insofar as the costs for the provision of the contractually agreed services are necessary and the amount is customary in the industry and appropriate.
The following services are covered by the flat-rate fees:
a. Flat-rate transport costs
The flat-rate transport fee includes the costs for the journey of the digital operator together with the equipment to the contractually agreed place of performance and the return journey to the headquarters of David Rudolf . Travel costs for mobility on site (e.g. taxi rides between the hotel and location) are not included in the travel allowance.
b. Carnet Flat Rate
The carnet fee covers the application for the customs document Carnet ATA and its return, including the customs duties and insurance fees incurred. The contractual agreement of the Carnet flat rate does not include any guarantee from David Rudolf for the issuance of the customs document, to which the applicant has no legal claim. If the customs authorities refuse to issue the ATA carnet, the flat-rate carnet fee is reduced by the customs duties and insurance fees saved.
Overtime and surcharges for services at night are not covered by the flat-rate fees. In this respect, the following applies:
c. overtime
Services of the digital operator, postpro operator, digital assistant and light assistant that exceed the scope of a ten-hour working day are to be remunerated with a surcharge per hour according to David Rudolf 's offer.
i.e. Night surcharges
If the customer uses the services of the digital operator between 10 p.m. and 6 a.m., David Rudolf is entitled to charge the customer a night surcharge of 100% of the agreed hourly rate according to David Rudolf ’s offer for each hour worked.
§ 5 content of the post-production contract
1. If the customer has commissioned David Rudolf to carry out post-production services, David Rudolf will carry out the contractually agreed retouching, color corrections and image optimization on the digital photographs sent by the customer. If no specific specifications for the image processing have been agreed, David Rudolf will carry this out at its own due discretion, taking into account the recognized rules of the trade and the intended uses of the customer known to it.
2. The customer must provide the images to be processed in a common format, as far as possible, in RAW format.
3. David Rudolf is not obliged to store and archive the original images and the images processed by it beyond the end of the contract, unless the parties have made a different agreement in text form. It is the customer's responsibility to save the images they have sent and the processed images.
§ 6 Remuneration and terms of payment
1. David Rudolf will bill the contractually agreed services after they have been carried out or after they have been accepted by the customer, as well as the costs to be borne by the customer in a verifiable form. The remuneration is due in full upon receipt of the statement. The customer is in default 14 days after the due date without a separate reminder from David Rudolf if the invoice has not been settled at this point in time.
2. David Rudolf is entitled to invoice down payments for self-contained service sections.
3. The customer is not entitled to offset against counterclaims, unless the counterclaim is
not disputed by David Rudolf or has been legally established.
§ 7 Warranty for Defects
1. In the event of a defect, the customer is only entitled to cancel the contract, to reduce the remuneration, to carry out repayment and to claim damages instead of performance if subsequent performance by David Rudolf has failed. David Rudolf has the right to choose whether the supplementary performance is to be carried out by means of repairs or a replacement delivery. The statutory cases of the dispensability of setting a deadline remain unaffected.
2. The same applies to compensation for damages instead of performance, whereby the statutory cases of the dispensability of setting a deadline remain unaffected.
3. In the event of defects, the customer is only entitled to withhold payment if the amount retained is in reasonable proportion to the defects and the expected costs of supplementary performance.
4. The customer is not entitled to assert claims due to defects as long as he has not made the payments due and the amount due is in reasonable proportion to the value of the defective service result handed over.
5. The limitation period for claims due to defects is one year. Excluded from this are claims for damages and claims due to fraudulent concealment of a defect.
§ 8 Delay in performance, obstacles to performance due to force majeure
1. If David Rudolf is in default with its contractual services, the customer is only entitled to withdraw from the contract if David Rudolf is responsible for the default. In this case, the customer must declare within a reasonable period of time after being requested to do so by David Rudolf whether he is withdrawing from the contract or whether he insists on the performance being made up for.
2. If the service was to be effected on a date specified in the contract or within a period specified in the contract and the customer tied the continued existence of his interest in the service to the timeliness of the service in the contract (fixed transaction), then from the time of the delay both parties will be released from their contractual performance and remuneration obligations. If David Rudolf is responsible for the delay, the customer is entitled to unrestricted legal claims for breach of duty. However, if David Rudolf is not responsible for the delay, it is entitled to bill the customer for the services it has provided up to the time of the delay and for the costs it has already incurred.
3. The above regulation of § 8 paragraph 2 also applies if the impossibility of executing the contract is due to an
unavoidable and extraordinary obstacle for which David Rudolf is not responsible, insofar as David Rudolf was not aware of the obstacle to performance at the time the contract was concluded and is not responsible for its ignorance .
4. David Rudolf must in any case inform the customer immediately of the type and expected duration of an existing event that delays or prevents performance.
§ 9 Liability
1. David Rudolf is liable in cases of intent or gross negligence according to the statutory provisions. Liability for guarantees is independent of fault. David Rudolf is only liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health, for breach of essential contractual obligations and for fraudulent concealment of a defect. However, the claim for damages for the slightly negligent breach of essential contractual obligations is limited to the foreseeable damage that is typical for the contract, insofar as there is no liability for injury to life, limb or health. David Rudolf is liable to the same extent for the fault of vicarious agents and representatives.
2. The regulation of the above paragraph (1) extends to compensation for damages in addition to the service, compensation for damages instead of the service and the claim for compensation for wasted expenses, regardless of the legal reason, including liability for defects, delay or impossibility.
§ 10 Final Provisions
1. German law applies exclusively, excluding international private law.
2. Changes to these provisions must be made in writing. This also applies to changes to this written form requirement.
3. The invalidity of a provision of these General Terms and Conditions does not affect the validity of the remainder.
4. The place of jurisdiction is the registered office of David Rudolf (Berlin) if the customer does not have a general place of jurisdiction in the Federal Republic of Germany or relocates his domicile or habitual place of residence outside of the Federal Republic of Germany after the conclusion of the contract or his habitual place of residence is not known at the time the action is filed.
David Rudolf - digital operator - General terms and conditions