Terms and Conditions – Commercial Photography (Austria, EU).


These terms and conditions apply to all commercial photographic assignments undertaken by Maksym Vodianytskyi [GISA-Zahl: 37900267] (“the Photographer”), based in Vienna, Austria. By commissioning the Photographer, the Client agrees to be bound by the following terms.


1. General

All contracts and agreements made between the Photographer and the Client shall be governed by Austrian law and subject to the exclusive jurisdiction of the courts of Vienna, Austria.

These terms may be varied only by written agreement signed by both parties. No other conditions will apply unless agreed in writing.


2. Copyright and Usage

  • In accordance with Austrian copyright law (Urheberrechtsgesetz) and EU copyright directives, the Photographer retains full copyright of all images taken unless explicitly transferred in writing.
  • The Client is granted a non-exclusive, non-transferable license to use the photographs for the purposes stated at the time of commission.
  • The license is limited to the original agreed usage (e.g., website, brochure, advertising). Any additional use (e.g., resale, sublicensing, third-party use, or publication in new formats) requires prior written consent and may incur additional fees.
  • Usage rights commence only after full payment is received.
  • Unless agreed otherwise, the Photographer may use the images for self-promotion, including website, portfolio, and exhibitions.

3. Image Delivery

  • Images are delivered via a secure online gallery or download link.
  • Basic retouching and color correction are included unless specified otherwise.
  • Final delivery format and resolution (e.g., high-res JPEG, TIFF) will be agreed in advance.
  • The Photographer retains the original RAW files unless a specific arrangement is made. RAW files are not supplied by default.

4. Fees and Payment

  • All quotes are exclusive of Austrian VAT (Umsatzsteuer) unless otherwise stated. VAT applies at the prevailing rate (20%).
  • A 30–50% advance deposit may be required to confirm the booking.
  • Final payment is due within 14 days of the invoice date.
  • For international clients, payment must be made in Euros (EUR) via SEPA bank transfer or another approved method.
  • Late payment may result in interest charges in accordance with EU Late Payment Directive 2011/7/EU and Austrian commercial law (§ 456 UGB).

5. Cancellation Policy

Cancellations must be made in writing. The following cancellation fees apply:

  • More than 7 business days before the shoot: No fee
  • Between 3–7 business days: 50% of the agreed fee
  • Less than 3 business days or same-day cancellation: 100% of the agreed fee
  • Any expenses already incurred (e.g., travel, accommodation, hired equipment) will be invoiced in full.

6. Client Responsibilities

  • The Client must ensure access to the premises or location at the agreed time.
  • The Client is responsible for obtaining all necessary permissions, property releases, and model releases.
  • The Photographer shall not be held liable for delays or cancellations caused by access restrictions, weather, or force majeure.

7. Image Integrity and Editing

  • Images delivered represent the Photographer’s final creative vision. Minor adjustments may be requested but extensive retouching or manipulation will incur additional charges.
  • The Client must not alter the images (e.g., apply filters or crop inappropriately) without prior consent.
  • Any unauthorized edits may be considered copyright infringement under Austrian law.

8. Liability and Insurance

  • The Photographer will take all reasonable care during the assignment but shall not be liable for any indirect or consequential loss (e.g., loss of profit, missed deadlines).
  • The Photographer maintains public liability insurance (available upon request).
  • In case of equipment failure or data loss beyond the Photographer’s control, liability is limited to the total amount paid by the Client.

9. GDPR & Data Protection

The Photographer complies with the General Data Protection Regulation (GDPR) and Austrian Datenschutzgesetz(DSG).


9.1 Data Collected:

  • Contact and billing details
  • Project-related correspondence
  • File delivery and storage metadata

9.2 Use of Data:

  • For fulfilling contractual obligations
  • For invoicing and legal compliance
  • For portfolio/archive management (with image use consent)

9.3 Data Security:

  • Data is stored securely and not shared with third parties, except where required by law.
  • The Client has the right to:
    • Access, correct, or delete personal data
    • Withdraw consent at any time
    • File a complaint with the Austrian Data Protection Authority (Datenschutzbehörde)

10. Indemnity

The Client agrees to indemnify the Photographer against any claims, damages, or legal actions arising from the unauthorized use of the images or failure to obtain the necessary permissions for the use of the images.


11. COVID-19 and Health Compliance

If health regulations, safety guidelines, or force majeure events (such as COVID-19) affect the planned assignment, both parties agree to reschedule at no additional cost, where possible. Cancellation due to safety non-compliance at the location may incur full fees.


12. Final Provisions

  • The Photographer is registered in Austria under [Insert Business Registration Number or UID/VAT Number].
  • These terms apply in their entirety unless otherwise agreed in writing.
  • If any provision is held invalid, the remainder shall remain in effect.

Contact:

Maksym Vodianytskyi

GISA-Zahl: 37900267

Steuernummer: 12 911/8394

Leopoldine-Schlinger-Gasse, 3

Email: maxvdn.photo@gmail.com

Tel. +43 677 615 54 605

 

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