General Terms and Conditions (GTC)
1. Contractual Parties
The following General Terms and Conditions (GTCs) apply to the contractual relationships between Tim Glowik (aidaandtim.com) including any colleagues or appointed subcontractors on the one hand (for here on out referred to as aidaandtim.com) and the client on the other hand.
2. Contract
Contracts between aidaandtim.com and the client are realised through a written agreement (= via email or in hard copy). The client accepts a written or oral offer made by aidaandtim.com. However, the contract becomes binding only after a written confirmation by aidaandtim.com is sent to the client.
3. Production Order, Liability for Third Party Rights
In the case of photographs/video(s) of people with third party copyrights, the client is obliged to obtain the consent required.
Moreover, the client is obliged to obtain the consent required not only from people, as well as necessary filming permits, rights of use and property releases; unless the client already possesses sufficient permissions of copyright or license. The client assures aidaandtim.com that these relevant rights and licenses have been obtained and releases aidaandtim.com from any liability. The client is aware when making a booking, that such solicitations and information is not a part of the contractual services of aidaandtim.com and the client is expected to take these actions on their own accord.
Therefore, aidaandtim.com is not obliged to examine the execution of the contractual rights of third parties affected. aidaandtim.com can assume that this is checked and dealt with by the client. Thus, the client shall ensure that any copyright or other rights of third parties are respected. In the case that aidaandtim.com is considered to be a part of the damage to third party rights in connection to the services rendered, the client releases aidaandtim.com from liabilities of all corresponding claims and accepts responsibility. The client shall bear all costs for acquiring the necessary rights and use thereof. This includes, for example, royalty fees for music requested by the client.
For a fee of 300 euros (not including any license fees) aidaandtim.com is prepared to obtain music rights based on the explicit wishes of the client. Alternatively, the client has the choice of selecting royalty free music offered by aidaandtim.com – in this case, no addtional costs or licensing fees will be charged.
4. Services and Any Extra Costs that May Arise After an Event
All services comply with the agreed upon package / offer between aidaandtim.com and the client. This includes the transfer of the copyrights as described under point 8a) to 8c) regarding the photos and film produced for the client.
As a rule, the package / offer includes: a certain number of edited photos (nevertheless, depending on the size of the event, this number can differ); at least 5 MP resolution, which is enough to print on a DIN A3; photos on a DVD(s)/USB-Stick (unencrypted), video on DVD(s)/USB-Stick (unencrypted) or both (photos/video) online via dropbox, pixieset, pic-time, passgallery, youtube or vimeo (US based services – please let us know if you prefer DVD(s)/USB-Sticks only).
The editing of pictures and videos include optimizing exposure, color, contrast and image detail. The work is done on a calibrated monitor in either the Adobe RGB color space or in the sRGB color space – some color variations as been by the client on another device are possible. The raw data for the photos (.CR2, .RW2, RAW, etc…) can be transferred to a client’s device (e.g. USB flash drive, external hard drive according to point 8a) for an extra 150 Euros.
aidaandtim.com itself stores the raw data for 2 months and the JPGs for maximum of 1 year. Special editing requests or correction requests must be made within this time (up to 2 months after the event / photo shoot / filming).
Photo books, other printed materials and videos are shown to the client for approval before the final product is completed. A maximum of 2 corrections are included within the prices; additional work is calculated with 30 euros (not including VAT) for every 30 minutes. Upon the client’s request, a maximum of 10 selected photos can be retouched to reduce wrinkles and make the skin look smoother – the retouching of additional photos will cost 10 euros (not including VAT) per additional photo.
5. Prices and Costs
5a. Location of Service Rendered: Germany
All prices quoted by aidaandtim.com are net prices.
For contracts with services rendered in Germany:
7% VAT for the acquisition of rights under 8a.
19% VAT for the legal claim according to 8b.
19% VAT for photo books, other printed resources and other additional products.
5b. Location of Service Rendered: Outside Germany
We ask these clients to fullfil taxation requirements according to the regulations of their perspective countries, for it does not fall within the German VAT system. For contracts with services rendered in Switzerland, we charge an additional 20 euros, since additional work is needed to fill out “ Meldeverfahren für kurzfristige Erwerbstätigkeit“ (English translation: reporting procedures for short-term work).
5c. Larger Events
For larger events with at least 8 hours and more than 150 people, where an assistant is required, an additional charge of 300 euros (net price) will be added to the bill.
6. Withdrawl from the Contract / Booking and Cancellation
6a. Withdrawl from the Contract / Booking by the Client
Withdrawl by the customer is possible, however, there will be a cancellation fee, as follows:
Cancellation up to 240 days before the event: 5% of the agreed amount
Cancellation up to 180 days before the event: 10% of the agreed amount
Cancellation up to 120 days prior to the event: 15% of the agreed amount
Cancellation up to 90 days before the event: 20% of the agreed amount
Cancellation up to 60 days before the event: 30% of the agreed amount
Cancellation up to 30 days before the event: 50% of the agreed amount
Cancellation within 9 days before or on the day of the event: 90% of the agreed amount
Exceptions: If, after an event is canceled by the client, they book aidaandtim.com on another date, the cancellation fees will be regulated according to the special circumstances.
6b. Reservations
For reservations (maximum duration of a reservation is 4 weeks) no cancellation costs will be incurred, with one exception: if we turned-down another request due to the current reservaion, there will be a cancellation fee of 100 euros (net price) plus the cancellation costs according to the table (6a.), if the client decides not to convert the reservation into an official booking.
In this case, we will contact the client who has made the reservation and ask if their reservation still stands. When the answer is yes, but the client later on does not go ahead with the booking, we will charge the client 100 Euro (net price) plus cancellation costs in accordance with table (6a.).
6c. Withdrawl from the Contract / Booking by aidaandtim.com
A withdrawl by aidaandtim.com is also possible due to: technical failures, other important reasons, illness, pregnancy, accident, death, natural disasters, etc. In this case, aidaandtim.com will strive to organize a replacement on the same terms as agreed. A withdrawl from the contract / of the reservation has to be made as early as possible by telephone or in writing.
6d. Cancellation
All contracts / orders / bookings that have been made (e.g. through letters, emails, phone, etc.) may be withdrawn by the client 14 days after the booking has been made, unless the service has begun to be rendered (eg preliminary shooting or personal meeting has already taken place) or individual goods (e.g. photo books or cards) have been ordered. The cancellation is done by either filling out a form or calling (e.g. email / telephone, etc…) Tim Glowik.
7. Liability
For personal or property damage during an event, the organiser of the event is held liable, as long as the damage was not caused by gross negligence or a deliberate act by aidaandtim.com.
Provided that aidaandtim.com was not responsible for the circumstances and external influences (e.g. assult, natural disasters, technical failure, etc…) and the agreed services cannot be provided in all or partly, the client has no right to compensation. If a payment was already made, the client will get reimbursed, not including the expenses for services already rendered.
aidaandtim.com is liable if it does not satisfy explicitly requested wishes or ideas expressed by the client ahead of time (for example, both sets of parents should be filmed / photographed, but one was completely forgotten and is not represented) – the liability is only applicable to the portion of the unsatisfactory service and not in the entirity.
aidaandtim.com is not liable for loss of data during shipment.
8. Copyrights
8a. Limited Rights Acquisition
In the absence of the full acquisition of rights according to 8b. the copyright (for example, the right to market or the disclosure to third parties) remains with aidaandtim.com. 19% VAT is included in the price.
8b. Acquiring the Right to Unrestricted Use
Both the taking and editing of photos / video(s) are a creative artistic activity – consequently, all the rights of the outcome of these activities are automatically given to aidaandtim.com.
If the client wants to use the photos / video(s) at their own convenience, for example, publishing them on social media networks, or passing them on to a third party, the client must acquire the rights and pay an additional 20% fee of the booked package. In this case, 7% VAT is included, if necessary. The assignment of rights includes the unrestricted use by the client for all private and commercial purposes and all forms and media, for restricted or unrestricted release. In addition to the transfer of rights, the client recieves the associated photos and/or video(s) on a device.
8c. Whereabouts of Rights at aidaandtim.com
In both cases (As described under 8a. and 8b.), aidaandtim.com still has the right to use both the photo and video material and artistically edited photos / video(s) for our own presentation purposes and for self-promotion on the Internet e.g. on our website(s). If there is a person significantly visible and recognisable, aidaandtim.com will seek the approval of the client and, if necessary, of the person involved. The client agrees to get the consent of the people being taken photos of or filmed. If this solicitation should be insufficient and aidaandtim.com in good faith uses the photo or footage for self-promotional purposes, the liability is limited to 150 euros (net price) for work incurred.
9. Information on data collection
a) in accordance with Article 13 GDPR:
Tim Glowik, Im Oberen Weingarten 8, 88682 Salem, collects personal data of the client for the purpose of executing the contract and fulfilling our contractual and pre-contractual obligations.
Data collection as well as data processing is required for the implementation of the contract (see Article 6 (1) (b) GDPR). A transfer of this collected data to third parties will not take place without explicit approval by the client. These collected data will be deleted as soon as they have fulfilled their purpose and are no longer necessary for the fulfillment of the contract and the statutory retention obligation has been fulfilled. The client may at any time request information on all personal data free of charge. For questions or requests for deletion, correction and blocking of personal data as well as collection, processing and use, the client may contact the following address:
Tim Glowik, Im Oberen Weingarten 8, 88682 Salem, mail@fotograf-konstanz.com.
b) in accordance with Article 11 GDPR:
aidaandtim.com is not obliged to identify persons photographed on its photos (for example guests at a wedding), only to provide these persons with the information contained in Articles 13 and 14 DSGVO.
In comparison to the actually required transmission of information, the identification of these persons would represent a deeper interference with their personality rights.
10. Payments
Payments are made directly without deduction and exclusively to aidaandtim.com.
Payment options:
a) Cash before / during / at the immediate end of an event.
b) After invoicing (done with providing the agreed service) – the payment can either be made by wire transfer to a provided aidaandtim.com account or via cash payment.
c) A payment via Paypal is available on request.
11. Jurisdiction, Applicable Law
The place of jurisdiction for any legal actions is in Constance, Germany. It will be governed under German law. The client agrees to these conditions.
Last updated on April 2018
Please print out our General Terms and Conditions or save them on your PC!
If there is a section of these GTCs that are unclear, please feel free to contact us!