The following General Terms and Conditions (“GTC”) apply to all orders placed with F R E I – Bernhard Frei, Vogelsangstraße 22, 73760 Ostfildern (“Contractor”).
These Terms and Conditions apply exclusively. Any terms and conditions of the client that differ from, conflict with, or supplement these Terms and Conditions shall only become part of the contract if and to the extent that we have expressly agreed to their validity.
However, individual agreements made with the client on a case-by-case basis shall in any event take precedence over these General Terms and Conditions. Unless proven otherwise, the content of such agreements shall be governed by a written contract or our written confirmation.
“Work Products” as defined in these Terms and Conditions refer to all products created by the Contractor, regardless of the technical format or medium in which they were created or are available. This includes, in particular, photographs, video recordings, and animations.
The contractor shall hold the copyright to the deliverables in accordance with the Copyright Act.
Unless otherwise expressly provided, the Contractor grants rights of use to the deliverables it produces exclusively for the purposes specified in Section IV.
No rights of use are transferred for unedited work products. Rights of use are transferred only for work products that have been fully edited. No rights of use are transferred for other work products, even if, for example, they were sent to the client for preliminary selection pursuant to Section III and/or were created during production for the client. The client is not permitted to use such work products.
If the Contractor transfers rights of use to the results of its work, only a non-exclusive right of use is transferred in each case, unless otherwise expressly agreed. Any transfer of rights of use requires a separate agreement.
The rights of use are transferred to the contractor only after full payment of the fee.
The purchaser of a work within the meaning of Section 60 of the German Copyright Act (UrhG) has no right to reproduce or distribute the work unless the corresponding rights of use have been transferred. Section 60 of the German Copyright Act (UrhG) is expressly excluded.
The Client warrants that it is authorized to commission the Contractor to electronically process third-party work products when placing such an order. The Client shall indemnify the Contractor against all claims by third parties arising from a breach of this obligation.
After preliminary sorting, the Contractor shall provide the Client with the shortlist in digital form. The work products submitted for the shortlist are intended solely for the purpose of selecting candidates for further processing and, unless otherwise agreed, may not be used or disclosed for any other purpose.
Once the selection has been made, the contractor will fully process the deliverables. The contractor agrees to complete the order as quickly as possible and to send the deliverables to the client.
The distribution and reproduction of the Contractor’s work products is permitted only for the purposes of this Agreement, unless expressly authorized by the Contractor.
The Contractor is not obligated to provide the Client with data storage media, files, or data in addition to the preliminary selection and the fully completed work product, unless this has been expressly agreed upon in writing.
If the Client wishes the Contractor to provide it with any remaining data storage media, files, and data, this must be agreed upon and compensated for separately.
The client bears the risk and costs associated with the online and offline transmission of data storage media, files, and data; the contractor may determine the method of transmission.
The client is entitled to make subsequent changes to the contractor’s work.
If the adaptation or compilation of other works results in a new work, the authors of the works used and the author of the new work are co-authors within the meaning of Section 8 of the Copyright Act.
For the production of the deliverables, a fee will be charged at an hourly rate, daily rate, or agreed-upon flat rate, plus applicable sales tax; incidental costs (travel expenses, model fees, expenses, props, laboratory and material costs, studio rentals, etc.) are to be borne by the client. When dealing with end consumers, the contractor shall quote final prices inclusive of sales tax.
A deposit of 50% is due when the appointment is scheduled.
Invoices due are payable within 7 days without deduction. The Client shall be in default if it fails to settle due invoices no later than 30 (in words: thirty) days after receipt of an invoice or equivalent request for payment. The Contractor reserves the right to declare default at an earlier date by issuing a reminder received after the due date.
The delivered work products remain the property of the contractor until the purchase price has been paid in full.
If the client terminates the contract without good cause, the contractor is nevertheless entitled to a portion of the agreed compensation. This is calculated as follows:
Termination after the contract has been signed: 50%;
Cancellation 3 to 7 days before the booked date: 80%;
Cancellations made 2 days or less before the scheduled date will result in a charge of 100% of the agreed total amount, even if no deposit has been paid.
The Client warrants that it holds the rights to reproduce and distribute all materials provided to the Contractor and, in the case of images of third parties, that it has obtained the consent of the persons depicted for publication, reproduction, and distribution. The Client shall be liable for any claims for damages by third parties arising from a breach of this obligation.
The Client agrees to make the items to be photographed available in a timely manner and to pick them up immediately after the photo shoot. If the Client fails to pick up the items within two business days of being requested to do so, the Contractor is entitled to charge storage fees, if applicable, or, if the items are blocking access to the studio, to move them to another location at the Client’s expense. Transportation and storage costs shall be borne by the Client.
The Contractor shall be liable for breaches of duties not directly related to material contractual obligations only in cases of willful misconduct or gross negligence, both on its own part and on the part of its agents. The Contractor shall also be liable for damages resulting from injury to life, limb, or health, as well as from the breach of material contractual obligations caused by culpable breaches of duty on the part of the Contractor or its vicarious agents. Unless otherwise agreed, the Contractor shall be liable for damages to source materials, templates, displays, layouts, or data only in cases of intent or gross negligence.
The Contractor shall carefully safeguard the files containing the work results. The Contractor is entitled, but not obligated, to destroy the files in its possession three years after the completion of the contract.
The Contractor shall coordinate with the Client regarding the delivery time. Delays caused by operational factors, force majeure, or operational disruptions do not constitute grounds for a complaint. The Contractor shall be liable for missed deadlines only in cases of intent or gross negligence.
All work will be performed by the contractor with the utmost care and to the best of their ability, or subcontracted to other companies. Complaints regarding obvious defects must be submitted in writing within 7 days of delivery of the work. However, such complaints will only be considered upon presentation of the work in question. This does not constitute grounds for a complaint.
If the client has not provided the contractor with specific instructions regarding the design of the deliverables, claims regarding the visual concept or the artistic and technical design are excluded. If the client requests changes during or after the production of the footage, the client shall bear the additional costs. The contractor retains the right to payment for work already commenced.
If the client develops or prints digitally delivered work on their own responsibility, the contractor assumes no liability for the quality of the results.
If the time allotted for the performance of the contract is significantly exceeded for reasons beyond the contractor’s control, the contractor’s fee shall be increased accordingly, provided that a lump-sum price was agreed upon. If an hourly or daily rate has been agreed upon, the contractor shall also receive the agreed hourly or daily rate for waiting time, unless the client proves that the contractor has not incurred any loss. In the event of willful misconduct or negligence on the part of the client, the contractor may also assert claims for damages.
Delivery dates for deliverables are binding only if they have been expressly confirmed by the Contractor. The Contractor shall be liable for failure to meet deadlines only in cases of willful misconduct or gross negligence.
If the work results are used or disclosed without authorization—that is, without the contractor’s consent—a contractual penalty equal to five times the usage fee shall be payable for each individual instance. We reserve the right to claim further damages.
Personal data of the client that is necessary for business transactions may be stored. The contractor agrees to treat all information disclosed to them in connection with the contract as confidential.
The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
The place of performance for all obligations arising from the contractual relationship is the contractor’s place of business, provided that the client is not a consumer.
If both parties to the contract are merchants, legal entities under public law, or special funds under public law, the contractor’s place of business shall be the agreed place of jurisdiction.
Copyright 2026 Bernhard Frei
