General Terms and Conditions

1. Scope and General Information

1.1. The following General Terms and Conditions (GTC) apply to all business transactions and

contracts of “THE SCHEFFS” and/or its vicarious agents (hereinafter referred to as “contractor”

or “contractors”), who perform the video and photographic services for the customers’

(hereinafter referred to as the “client” or “clients”) on the occasion of their wedding. For this

purpose, the contractor creates a photographic and/or video documentation of the wedding

(e.g. wedding album, printed pictures) in accordance with the services booked by the client.

The total performance to be provided by the contractor will be referred to below as

“documentation”.

1.2. The specific contract relationship, in particular the concrete services to be provided by the

contractor, as well as the modalities and scope of the service provision are specified in the

order form to be completed by the client, which shall be an essential part of the contract to be

concluded between the parties. If the parties have made provisions in this contract which

deviate from these General Terms and Conditions, the individually agreed provisions shall take

precedence over these General Terms and Conditions in this regard.

2. Fee and Payment Conditions

2.1. The fee to be paid by the client shall be determined according to the services booked by the

client and the price list of the contractor applicable at the time of conclusion of the contract.

Travel costs shall be reimbursed at €0,90 per kilometre driven, based on the location of the

contractor. The contractor shall be entitled to use other means of transport (e.g. plane, train,

etc.) and to charge the substantiated costs incurred for this for the fastest connection.

Additional services booked at a later point in time shall be remunerated in accordance with the

price list applicable at the time of conclusion of the contract.

2.2. Upon engaging the services of the contractor (mutual signing of the contract), a day reservation

fee of 50% of the agreed total fee shall become due for payment by the client. The agreed date

will only be considered binding upon receipt of payment for this fee. If additional services are

booked by the client during the period between binding booking and performance of the order

(wedding date), a down payment of 50% of the price of the additional services must also be

made to the contractor for these additional services. If such down payment is not made, the

contractor shall be entitled to refuse to provide the additional services.

2.3. The additional fee plus all additional costs (e.g.: additional booked hours, subsequent order of

a photo album, etc.) is due for payment after sending the final invoice, unless otherwise agreed.

The payment deadline is directly specified and determined by the final invoice.

2.4. The documentation will be handed over in the agreed form at the earliest after receipt of the

final payment in accordance with the final invoice.

2.5. If, for reasons which do not fall into the sphere of responsibility of the contractor, the contract

is not performed (cancellation), the contractor shall be entitled to charge the following

(cancellation fee):

– Cancellation by the client up to 10 months before the planned wedding date

50% of the agreed fee (retention of the down payment)

– Cancellation by the client up to 9 month before the planned wedding date

60% of the agreed fee

– Cancellation by the client less than 3 months before the planned wedding date 100% of the

agreed fee

2.6. If the contractor succeeds in obtaining a replacement order for the planned date of the

cancelled wedding, fees received for this will be credited towards the cancellation fee.

However, a down payment made shall be retained in all cases. The costs incurred by the

contractor shall also be reimbursed by the client regardless of any replacement contract.

2.7. The client shall be free to prove that the cancellation actually caused the contractor no or less

damage than the above-mentioned cancellation fee.

2.8. Expenses already incurred by the contractor at the time of cancellation (e.g. costs for hotel

booking) are to be borne by the client, provided these cannot be postponed or cancelled free

of charge (e.g. re-booking without additional costs). The costs for any changes to bookings shall

be borne by the client.

3. Rights of Use and Copyright

3.1. The contractor shall be the holder of the copyright in all images and videos created by them.

3.2. The client will receive a simple right of use for private use of the created images and/or videos.

Private usage is, for example, the creation of prints, own social media profiles, own private

websites, use for photo books/albums, etc.

3.3. The rights of use to be transferred shall only be transferred to the client after full payment of

the agreed fee.

3.4. The forwarding of the documentation or individual contents of the documentation to third

parties (e.g. other service providers) shall only be permitted with prior express permission of

the contractor.

3.5. Commercial use and exploitation of the documentation or individual contents of the

documentation (e.g. sale of images to providers of stock photos, advertising agencies etc.) is

not permitted and requires a separate agreement.

3.6. In principle, the use of the documentation is only permitted in the original version. Any

processing or modification (e.g. by means of filters) requires the prior consent of the

contractor. A cropping of the images for private use (e.g. as a profile photo) does not require

the consent of the contractor.

3.7. If the documentation is used, the contractor shall be named as the originator at a visible place.

The words shall read: “Photos/video: THE SCHEFFS”

3.8. If the documentation or parts of it are published on social networks in which the contractor

also has an account, the contractor must be linked or tagged when using the documentation.

3.9. Existing entries in the metadata must be preserved and must not be changed.

4. Contractor’s Services

4.1. Before commissioning the contractor, the clients have informed themselves of the contractor’s

mode of operation and style during recordings as well as in the selection and processing of

images. The contractor will create a realistic picture and/or video documentation of the

wedding. The client is aware that persons, events, objects and locations will be represented in

a manner that is corresponding to reality.

4.2. The number, creation and processing of the recordings, as well as the selection of the captured

motifs, persons and situations are part of the artistic freedom and therefore subject to the free

discretion of the contractor, unless concrete and binding agreements have been made regarding

a service specifically booked by the client or bookable additional services.

4.3. The contractor cannot guarantee that all guests present at the wedding ceremony, motifs and

situations will be photographed and/or filmed. Should the capture of specific motifs, persons or

situations be desired (e.g. pictures of the couple with particular guests, etc.), this can be

communicated to the contractor on site. Such requests expressed after the recording is made or

completed may no longer be considered.

4.4. Unless the parties agree otherwise, any image processing by the contractor shall only include

simple processing (cropping, correction of light, colour, white balance, etc.). Any processing going

beyond this will only be owed if a corresponding package or additional service has been booked.

4.5. Changes to the scope and content of the order during the wedding ceremony which require special

equipment (e.g. photo box, drone shots, etc.) are normally not possible. A time extension of the order

(overtime) is only possible with theconsent of the contractor and will be subject to a remuneration per

hour listed as in the contract.

4.6. In the week after the wedding date, the client will receive a preview of 30 – 60 photos by e-mail.

The finished documentation will be provided by means of an online gallery up to 3 months after

the wedding date after the final invoice provided by the contractor has been paid in full. Due to

the increased workload involved in post-production, videos will not be provided until 6 months

after the wedding date. The client will receive a link to a personal online gallery via e-mail from

the contractor. The contractor shall be free to choose the appropriate file format for the provided

photos and videos. The client shall not have any legal claim to being provided with the raw files

(RAW format). The online gallery shall remain online and usable for a period of one year from the

wedding date. The clients themselves are responsible for ensuring that the files to be provided are

downloaded during this period and appropriately saved and backed up. The contractor shall not

carry out any checks in this respect.

4.7. By sending the link to the online gallery to the client and the related notification that the online

gallery for downloading the files is activated and ready for use, the risk of loss, destruction or damage

of the data to be transferred passes to the client.

4.8. After deactivation of the online gallery, the Contractor shall not be obliged to store the digital

image, video or audio files further, unless this has been specifically agreed.

4.9. The Contractor shall not undertake the clarification of any existing prohibitions on photography

or videography, whether with regard to the persons, premises or objects. This is the sole

responsibility of the client. The client shall indemnify the contractor against any third-party

claims arising from the breach of this obligation.

4.10. If drone recordings have been requested and commissioned by the client, they shall only be

deemed owed by the contractor on condition that the necessary authorisations and

permissions are issued by both the competent authorities and the affected owners on whose

land the drone recordings are to take place (e.g. owner of the wedding location). Obtaining the

aforementioned authorisations and permissions is the responsibility of the client. The client

shall indemnify the contractor against claims of third parties that are asserted against the

contractor due to a possible improper use of the drone.

4.11. The contractor assumes that all persons present (wedding guests, staff, etc.) have been

informed about the production of recordings and have consented to corresponding recordings

(photo, video, audio), the storage of the data and an online publication (e.g. in the online

gallery provided by the contractor). The client shall indemnify the contractor against any claims

of third parties asserted on the basis of any unauthorised recordings and/or publications. If the

client is aware that people do not want to be photographed, they must make this known to the

contractor in an appropriate manner.

5. LIABILITY

5.1. In the event of a breach of obligations which are not essential contractual obligations, the

contractor shall only be liable to the client in cases of gross negligence or intentional

misconduct. This shall not apply in the case of claims due to injury to life, limb or health.

5.2. The contractor assumes no liability for force majeure (e.g. sudden illness, flight cancellation,

traffic accident, etc.) or equipment failure (unforeseen

defect of the technical equipment used, etc.) and the associated impossibility of creating

further recordings or photographs which are not due to any fault of the contractor.

5.3. If it is not possible to carry out the order at the planned wedding date for reasons that are not

the responsibility of the parties, the parties will first endeavour to reach a mutual agreement

on an alternative date. For this purpose, already existing bookings of the contractor must be

taken into account by both parties. If an agreed date is postponed to the following year, the

client undertakes to compensate any general price increases of the contractor. Clause 7.5 shall

apply mutatis mutandis.

5.4. In the event that the contractor is prevented from performing the contract for reasons of force

majeure, they will endeavour to find an appropriate replacement, though this shall not

constitute an obligation. The relationship between the client and the replacement shall be

governed solely by the agreements made between them. The contractor shall not be bound by

any obligations thereunder.

5.5. The client does not have any legal claim to have the contract carried out by specific

photographers of the contractor. The contractor reserves the right to make personnel

arrangements. The contractor shall be entitled to use third parties at their discretion for the

performance of the services.

6. Additional Obligations of the Client

6.1. The client must ensure that the contractor has all the information necessary for the execution

of the contract (e.g. directions how to reach the location, itinerary of the event, hotel, etc.) at

least one week before the wedding date.

6.2. Sufficient food and beverages must be made available to the contractor and, if necessary, to

vicarious agents called in by the contractor during the work.

6.3. The client must ensure that the contractor can provide the commissioned services undisturbed.

Further persons taking pictures or videos of the wedding party are to be told by the client to

do so without a flash and not to block the places suitable for the positioning of the contractor’s

equipment. Defects in the images or videos (e.g. overexposure) which occur due to such

disturbances are not the responsibility of the contractor and do not constitute a defect in the

performance to be provided.

6.4. In the case of events lasting several days, if the presence of the contractor is desired or required

for several days (e.g. in the case of preparatory measures such as set-up the day before,

booking of the contractors going late into the evening, etc.) or if the location of the

event is more than 100 km from the place of business or residence of the contractor, the client

shall provide overnight accommodations at their expense.

6.5. The client shall inform the contractor of changes to any of their data relevant to the contract

(in particular name and address) without being asked to do so.

6.6. Unless otherwise agreed, the contractors is responsible for organising and booking the arrival

and departure. The client shall reimburse the costs incurred for this to a reasonable, customary

extent on presentation of supporting documents. The contractor is free to choose the means

of transport.

7. Postponements

7.1. The client can postpone the booked event up to 4 weeks before the planned wedding date with

the agreement of the contractor, taking into account the other bookings of the contractor. The

request for postponement must be made by e-mail to hello@the-scheffs.com.

7.2. If the wedding is postponed to a date in the same year and the contractor is available on the

new date, the concluded contract remains unchanged.

7.3. If the wedding is postponed by the client into the following year, the agreed fee may be

changed due to price adjustments of the contractor at the turn of the year.

7.4. If the contractor has already been booked elsewhere on the new wedding date, the

postponement will constitute a cancellation in accordance with clause 2.5.

7.5. Expenses already incurred by the contractor at the time of the postponement (e.g. costs for

hotel booking) are to be borne by the client, provided these cannot be postponed or cancelled

free of charge (e.g. re-booking without additional costs). The costs for any changes to bookings

shall be borne by the client.

8. Self-Advertising

8.1. At the time of placing the order, the client can choose whether they agree to the use and

associated publication of the photos and/or videos of them created by the contractor (e.g. on

the contractor’s homepage, social media presence, print publications, advertising roll-ups,

participation in competitions, etc.) for advertising purposes. If they consent to such use, the

client waives any rights deriving from the GDPR, the German Act on Copyright and Related

Rights (UrhG) or the German Act on the Protection of Copyrights in Works of Art and

Photography (KunstUrhG) as well as financial compensation.

8.2. If other persons than the client are also visible on pictures or videos, the client must obtain

from these persons an authorisation and waiver corresponding to the previous paragraph.

8.3. If consent to the use by the contractor for self-advertising (clause 8.1) is refused, this must be

compensated by a fee surcharge of 20% (plus VAT).

9. Right of Withdrawal

You have the right to withdraw from the contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of concluding the contract.

In order to exercise your right of withdrawal, you must inform us

THE SCHEFFS

Bianca-Julia Scheffelke and Nassim Hasan

Gerberstr.3A

30169 Hannover

hello@the-scheffs.com

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to

withdraw from this contract. You can use the attached template withdrawal form for this purpose,

though this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the declaration of withdrawal

before the expiry of the withdrawal period.

Consequences of Withdrawal:

If you withdraw from this contract, we shall be required to refund to you all payments we have

received from you, including delivery costs (with the exception of the additional costs resulting

from the fact that you have chosen a different type of delivery than the cheapest standard delivery

offered by us), immediately and at the latest within fourteen days from

the date on which we received the notification of your withdrawal from this contract.

We will effect this refund using the same means of payment that you used for the original

transaction, unless otherwise expressly agreed with you; in no case will you be charged fees for this

refund.

If you have requested that we should start providing our services already during the withdrawal

period, you must pay us a reasonable amount which corresponds to the proportion of services

already provided up to the time when you informed us of the exercise of the right of withdrawal in

relation to this contract, in relation to the total scope of services provided for in the contract.

Template Withdrawal Form

If you wish to withdraw from this contract, you can fill in the following form and return it to us:

To

Address Mandate Client

I/we hereby withdraw from the contract concluded by me/us for the provision of the following

service

ordered on

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for communication on paper)

Date

End of the cancellation notice

10. Final Provisions

10.1. The law of the Federal Republic of Germany shall be deemed to have been agreed,

even in the case of deliveries abroad.

10.2. Changes to the contract as well as any additional agreements must be made in writing

to be effective, whereby it is agreed that e-mail is sufficient for this purpose. This also applies

to a change to the written form requirement. No verbal agreements were made between the

parties.

10.3. If one or more provisions of the contract or these General Terms and Conditions are

found to be invalid, the remaining provisions of the contract or these General Terms and

Conditions shall remain unaffected. The parties undertake to replace the invalid provision with

a corresponding provision which is closest to the intended regulation in a lawful manner.

10.4. In the event that the client has no place of jurisdiction in the Federal Republic of

Germany, or transfer their registered office or habitual residence abroad after conclusion of

the contract, the place of business of the contractor shall be agreed as the place of jurisdiction

insofar as this is legally permissible.

10.5. The contractor is neither willing nor obliged to participate in dispute resolution

procedures before a consumer arbitration body