Terms & Conditions
1. Scope of application
These General Terms and Conditions (GTC) apply to all commissioned productions, image purchases, licensing agreements and other services provided by Holger Rüdel Photography (hereinafter referred to as "Photographer"), unless expressly agreed otherwise.
Any differing terms and conditions of the client shall only apply if they have been confirmed in writing.
2. Contractual partner
The contract is concluded with:
Holger Rüdel Photography
Selk, Germany
Email: photo@holger-ruedel.de
Website: holger-ruedel.de
3. Subject matter of the contract
The photographer provides photographic services, creates visual works, and grants usage rights to existing photographs.
The specific scope of services is determined by the respective offer, order confirmation or individual agreement.
4. Copyright
All photographs are protected by copyright. The copyright holder is Holger Rüdel.
The client does not acquire any ownership rights to digital image files or RAW data.
These remain entirely with the photographer.
5. Rights of use
Upon delivery of the images, the client receives a simple right of use to the extent contractually agreed.
No further rights of use will be transferred without an explicit written agreement.
The following are specifically prohibited:
- Transfer to third parties
- Sublicenses
- Use in image databases
- Editing (e.g. cropping, color changes, retouching, compositing)
- AI training, generative AI systems, style transfers
- Use outside the agreed medium, time period or territory
Extended usage rights (e.g., buyouts, social media rights, corporate licenses) require a separate agreement.
6. Personal rights
The client is responsible for obtaining the necessary consents from depicted persons, unless this has been expressly undertaken by the photographer.
For the use of the images in sensitive contexts (e.g. advertising, political communication), separate permission is required.
7. Remuneration
The fees stated in the offer or order confirmation apply.
Additional services (e.g. retouching, archive search, format adaptations) will be charged separately.
All prices are exclusive of statutory VAT, unless otherwise stated.
8. Payment
The invoice amount is due within 10 days of the invoice date. Payments are considered made on the day they are received by the photographer.
In case of late payment, default interest at the statutory rate and reminder fees may be charged.
9. Delivery and data formats
Delivery will be made in the agreed file formats.
RAW data is generally not released.
The photographer is entitled to make partial deliveries, provided they are reasonable for the client.
10. liability for defects
The client must check the delivered images immediately.
Obvious defects must be reported in writing within 7 days.
Minor color or brightness deviations, as well as differences between screen display and output product, do not constitute a defect.
If a justified attempt at rectification fails, the client can demand a reduction in price.
11. Liability
The photographer is liable for damages only in cases of intent or gross negligence.
In the case of slightly negligent breach of essential contractual obligations, liability is limited to the typical, foreseeable damage.
Liability under the Product Liability Act remains unaffected.
12. Archiving
The photographer archives image data at his own discretion.
There is no entitlement to permanent storage or later provision.
13. Contractual penalty/damages
Unauthorized use, distribution or editing of the images will incur a contractual penalty of five times the usage fee.
Further claims for damages remain unaffected.
14. Applicable Law and Jurisdiction
The law of the Federal Republic of Germany.
Mandatory consumer protection provisions of the state in which the client has his habitual residence remain unaffected.
If the client is a merchant or is acting in that capacity, the place of jurisdiction is the photographer's place of residence.
15. Severance clause
Should individual provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.
The statutory regulation shall apply in place of the ineffective provision.
The shop's terms and conditions apply to print products in the online shop: shop.holger-ruedel.de/agb
Further information can be found in the legal notice: holger-ruedel.de/impressum/