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General Terms and Conditions (GTC) of Matthias Wendling Photography – As of Sept 30, 2025

Basis: General Terms and Conditions for the Photography Craft (published in the Federal Gazette No. 88 of May 15, 2002, p. 10436)

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1. Subject of the Contract and Scope

1.1 These General Terms and Conditions (GTC) govern the contractual relationship between the photographer, Matthias Wendling, and the client.

1.2 The photographer provides services in the field of photography and videography in accordance with the agreement reached. All services are provided exclusively on the basis of these GTC, which form an integral part of the contract.

1.3 The basis of the contract is the photographer's offer, in which the agreed services and the fee are specified.

1.4 The contract is concluded upon written acceptance of the offer.

1.5 "Photographs" refers to all works created by the photographer, regardless of the technical format or medium.

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2. Obligations of the Client

2.1 The client is responsible for obtaining all necessary permissions from depicted persons or rights holders for portrait photography or when photographing objects subject to third-party rights.

2.2 The client is informed that the images are subject to the photographer's artistic freedom. Complaints regarding the artistic design are excluded. Change requests must be agreed upon separately and compensated.

2.3 It cannot be guaranteed that every guest or participant of an event will be photographed. However, the photographer will make every effort to document all essential moments.

2.4 The photographer is entitled to reasonable breaks, including meals.

2.5 The client undertakes to inform all guests, service providers, and other participants about the photographic documentation and, if necessary, to identify any opposing wishes.

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3. Scope of Delivery, Online Gallery, and Photo Book

3.1 Unless otherwise agreed in writing, the following basic offer applies: All images will be sorted and edited by the photographer. As a rule, 50 images per booked hour of the assignment are delivered to the client; there is no fixed upper limit. The photographer strives for a balanced ratio between the number of images delivered and the hours booked. The number of images may vary depending on the type and duration of the event.

3.2 The images are made available to the client via an online gallery at Pic-Time. The images can be downloaded there in the highest possible resolution available. The gallery is available for four months after provision. It is the responsibility of the client to download and save the images within this period.

3.3 If a photo book has been ordered, it is limited to 30 pages and 50 images by default. The photographer strives to ensure the highest possible quality of image and binding for the agreed price. The online provider NPhoto is used for this purpose. By default, the "Photo Book Pro" with "Arctic White" paper is ordered. If this product is unavailable for reasons beyond the photographer's control, an equivalent substitute product will be delivered. Due to regular price adjustments by providers, any ordered photo book must be requested no later than 3 months after the online gallery has been provided. If this deadline is missed, the offer expires or a supplementary payment may be required.

3.4 Unless otherwise agreed, travel costs of up to 20 km in total from the location of the assignment are included in the fee. Additional kilometers will be charged at €0.30 per kilometer.

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4. Copyright, Rights of Use, and Self-Promotion

4.1 The photographer retains exclusive copyright to all images. A transfer of copyright is excluded.

4.2 The photographer grants the client a simple right of use to the images for private, non-commercial purposes. Editing or further processing requires the photographer's consent. Passing on rights of use to third parties is not permitted. A simple right of use within the meaning of § 31 UrhG (German Copyright Act) allows the use of the work in the agreed form without the copyright being transferred.

4.3 Any commercial use by the client or third parties requires the express written consent of the photographer.

4.4 Unless otherwise agreed, the photographer reserves the right to use the images for his own promotional purposes (e.g., website, social media, portfolio).

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5. Fees and Payments

5.1 The fee is calculated based on an hourly rate, daily rate, or flat rate and includes VAT.

5.2 Invoices are to be settled within 14 days. The images remain the property of the photographer until full payment has been made.

5.3 if the agreed assignment time is exceeded by more than 15 minutes, the fee increases accordingly. Billing is based on the agreed hourly rate (or proportionally per hour for daily flat rates) in increments of 30 minutes each.

5.4 A down payment of 30% of the fee is due within 14 days after signing the contract. The booking is only considered confirmed upon receipt of payment.

5.5 The remaining 70% of the fee is due immediately after the wedding, prior to the delivery of the images.

5.6 Cancellations must be made in writing and confirmed by the photographer. The following cancellation fees apply:

• Phase 1: 50% (from conclusion of contract until 3 months before the date)

• Phase 2: 75% (3 months to 30 days before the date)

• Phase 3: 100% (from 30 days before the date) Exceptions apply in the event of serious illness or a death in the immediate family of the couple.

6. If Photography Does Not Take Place

6.1 If the photography does not take place due to force majeure or circumstances for which the photographer is not responsible (e.g., sudden illness, accident, failure of transport), the photographer is entitled to retain the deposit (30% of the fee).

6.2 If the reason lies with the photographer, the deposit will be refunded.

6.3 In the case of children's photography, the photographer assumes no responsibility for the behavior of the children. Re-shoots will only take place for newborns up to 14 days after birth, if agreed.

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7. Liability

7.1 The photographer is only liable for damages based on intent or gross negligence, except for damages to life, body, or health.

7.2 The photographer assumes no liability for damages caused by independently acting subcontractors.

7.3 Delivery periods are only binding if they have been expressly confirmed in writing.

7.4 The client is solely liable for personal injury and property damage during the wedding, unless the damage is caused by grossly negligent or intentional behavior by the photographer.

7.5 The client is liable for damage caused by guests to the photographer's equipment before, after, or during the event.

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8. Transfer of Risk and Delivery

8.1 The risk of accidental loss or deterioration of the images passes to the client upon delivery to the client or, in the case of shipping, to the transport service provider.

8.2 No liability is assumed for the shipping of image material or data carriers, unless the photographer acts intentionally or with gross negligence.

8.3 Digital data is deemed delivered as soon as it has been made available via download link, email, or other agreed medium.

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9. Complaints

9.1 Obvious defects must be reported in writing within 14 days of receipt of the images. After this period, the images are deemed to be in accordance with the contract and free of defects.

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10. Digital Data

10.1 The client is responsible for backing up the delivered digital data. The photographer assumes no liability for data loss or incompatibility of file formats or data carriers after delivery.

10.2 The photographer is not obliged to permanently archive image material unless expressly agreed in writing. Original files (RAW files) remain with the photographer and will only be released upon special agreement.

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11. Protection Against Distortion

11.1 The client undertakes not to distort the images created by the photographer nor to falsify their content or message through editing, filters, collages, or other changes. Any editing requires the prior consent of the photographer.

12. Photographs of Guests and Service Providers

12.1 For the fulfillment of the contract, there is a legitimate interest in photographing all persons involved in the wedding as part of the documentation.

12.2 The client undertakes to obtain the relevant consents, informs all guests and service providers that photographic recordings will be made, and identifies persons who do not wish to be photographed. The client indemnifies the photographer against all third-party claims.

13. Jurisdiction and Applicable Law

13.1 German law applies. The place of jurisdiction is the registered office of the photographer.

14. Miscellaneous / Severability Clause

14.1 Changes and additions to this contract must be made in text form (e.g., email), unless otherwise expressly agreed.

14.2 Should any provision of this contract be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a regulation shall apply that comes closest to the economic purpose of the invalid provision.

15. Data Protection (Notice)

15.1 The processing of personal data takes place in accordance with the applicable GDPR (DSGVO) regulations. Further information can be found in the privacy policy on the photographer's website.