General Terms and Conditions (GTC)

1. Scope

1.1. The following General Terms and Conditions (GTC) apply to all contracts, offers, deliveries, and services carried out by Klara Steinwender (hereinafter referred to as "the Photographer").

1.2. These GTC are deemed accepted upon receipt of the delivery or service or the Photographer’s offer by the client, and at the latest upon acceptance of the photographic material for publication.

1.3. Should the client wish to object to the GTC, this must be done in writing within three working days. Any conflicting terms and conditions of the client are hereby expressly rejected unless otherwise agreed upon in writing by the Photographer.

1.4. These GTC shall also apply to all future contracts, offers, deliveries, and services within the scope of an ongoing business relationship, even if not explicitly referred to.

1.5. The Photographer reserves the right to engage third parties (of at least equal professional qualification) in the performance of services, e.g., in the event of the sudden illness of a team member.

2. Commissioned Productions, Contract Conclusion, and Contract Content

2.1. Cost estimates provided by the Photographer are non-binding. If cost increases become apparent during production, the Photographer will notify the client if these exceed the originally estimated total costs by more than 15%. If production time is extended for reasons not attributable to the Photographer, additional compensation based on the agreed hourly rate or an appropriate increase of the flat fee must be paid. A binding contract only comes into effect once the Photographer explicitly accepts the client's offer (e.g., via written confirmation) or through implied actions (e.g., scheduling a photo shoot).

2.2. The Photographer is entitled to order services from third parties necessary for production in the name and on behalf of the client.

2.3. Unless otherwise agreed, the Photographer selects the images presented to the client upon completion of the production.

2.4. If the Photographer does not receive written complaints about the delivered images within two weeks, the images shall be deemed accepted as contractually compliant and free of defects.

2.5. The client has no right to receive memory cards, negatives, or original raw materials such as RAW files.

3. Provided Photographic Material (Analog and Digital)

3.1. These GTC apply to all photographic material provided to the client, regardless of creation stage or technical format, including digital transmissions.

3.2. The client acknowledges that the images provided by the Photographer are copyrighted works protected under copyright law.

3.3. Any creative concepts or design drafts commissioned by the client are subject to separate compensation.

3.4. The provided photographic material remains the property of the Photographer, even in cases where compensation for damages is paid.

3.5. The client is required to handle the material with care and may only share it internally for the purposes of selection or technical processing.

3.6. Complaints regarding the content, quality, or condition of the material must be made within two weeks of receipt. Otherwise, the material is considered accepted.

4. Copyright and Usage Rights

4.1. If the client provides content subject to copyright or other intellectual property rights, the Photographer is entitled to make reproductions as necessary for fulfilling the contract.

4.2. The images created by the Photographer are protected by copyright law. The photographers retain full authorship. The client is not permitted to copy, edit, or distribute the images beyond the granted usage rights.

4.3. Unless otherwise agreed, the Photographer grants a simple, non-exclusive, non-transferable usage right without time limitation. The client may reproduce, distribute, or publish the images for non-commercial purposes (e.g., private sharing with family and friends). Any use for freelance or commercial purposes by third parties is not permitted without the Photographer’s written consent.

4.4. Any use of the images must include credit to the Photographer (Klara Steinwender, Eichenweg 31, 8042 Graz, www.klarastein.com). Clients may not alter or remove copyright notices without the Photographer’s consent. If works are altered or combined, the client must appropriately acknowledge authorship to the Photographer.

4.5. Ownership or usage rights are only transferred to the client once full payment of all fees has been received.

4.6. Unless otherwise agreed, the client does not receive any usage rights to raw files such as RAW images.

4.7. Exclusive rights, media-specific or territorial exclusivity, and embargo periods must be explicitly agreed upon and are subject to a surcharge of at least 100% of the base fee.

4.8. Usage rights are granted only upon full payment of all outstanding claims related to the respective contract.

5. Liability

5.1. The Photographer accepts no liability for any infringement of rights of depicted individuals or objects unless a signed release form is provided. It is the client’s responsibility to obtain usage rights beyond copyright law (e.g., artworks, museums). The client is responsible for captions and any contextual interpretation.

5.2. From the moment of proper delivery, the client is solely responsible for the correct use of the image material.

5.3. The Photographer assumes no liability or compensation for cancellation or interruption of events (e.g., due to weather or bomb threats), nor for technical issues, especially with power or rented equipment.

5.4. The Photographer is not liable for the personal conduct or liability of participants (e.g., models, makeup artists, assistants). The client assumes this responsibility.

6. Fees

6.1. The agreed fee applies. If no fee has been agreed, the fee is determined by the current fee schedule of the Mittelstandsgemeinschaft Foto-Marketing (MFM). Fees are subject to applicable VAT.

6.2. The agreed fee covers one-time usage for the purpose defined in section 4.3.

6.3. Additional expenses (e.g., materials, models, props, travel costs, etc.) are not included and must be covered by the client.

6.4. Fees are due upon delivery of the images. For partial deliveries, partial payments are due. The Photographer may request advance payments proportionate to services rendered.

6.5. The full fee is due even if the images are not published. A minimum fee of €75.00 per image applies for layout or presentation use unless otherwise agreed.

6.6. Set-off or retention is only permitted with undisputed or legally established claims.

7. Return of Photographic Material

7.1. Analog material must be returned within three months of delivery or publication, unless otherwise agreed in writing. Two sample copies must be included.

7.2. Digital data must be deleted after use or the storage media destroyed. The Photographer is not liable for the availability of data.

7.3. If the Photographer provides images for review only, they must be returned or deleted within one month unless a different period is noted on the delivery slip.

7.4. Return shipping is at the client’s cost and risk, using appropriate packaging.

8. Contractual Penalty, Damages

8.1. Unauthorized use, distribution, or reproduction of the images requires payment of a contractual penalty equal to five times the usage fee, without prejudice to further claims.

8.2. Omission or incorrect placement of copyright credits incurs a surcharge of 100% of the agreed or standard usage fee.

9. General Provisions

9.1. Austrian law applies, including for foreign deliveries.

9.2. Additional agreements must be made in writing to be valid.

9.3. If any provision of these GTC is found invalid, the remaining provisions remain effective. The invalid provision shall be replaced with one that reflects the economic and legal purpose as closely as possible.

9.4. Place of performance and jurisdiction is the Photographer's place of residence if the client is a business entity.

9.5. Cancellation fees:

• Up to 4 weeks before the booked date: 35%

• Less than 30 days: 50%

• Within 2 weeks: 100% of the total fee, even if no deposit was paid.

10. Right of Withdrawal for Consumers and Model Withdrawal Form

If the contract is concluded outside of our business premises or via distance selling, and you are acting as a consumer, the following applies in your favor:

Right of Withdrawal

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

The withdrawal period is:

10.1. For service contracts or contracts for digital content not supplied on a tangible medium: fourteen days from the date of contract conclusion.

10.2. For purchase contracts for a single product: fourteen days from the date the customer or an authorized third party (not the carrier) received the goods.

10.3. For multiple goods ordered together but delivered separately: fourteen days from receipt of the last item.

10.4. For goods delivered in parts or installments: fourteen days from receipt of the final part.

10.5. For regular deliveries over a fixed period: fourteen days from receipt of the first delivery.

To exercise your right of withdrawal, you must inform us (Klara Stein Photography, Eichenweg 31, 8042 Graz, Austria, email: officeklarastein@gmail.com) of your decision to withdraw by a clear statement (e.g., email or letter). You may use the attached model withdrawal form, though it is not mandatory.

To meet the withdrawal deadline, it is sufficient to send the notice before the period expires.

Consequences of Withdrawal

If you withdraw from the contract, we will reimburse all payments received from you, including standard delivery charges (excluding any additional charges for express delivery), within 14 days of receiving your notice. The refund will be made using the same method of payment unless otherwise agreed. We may withhold reimbursement until the goods are returned or you provide proof of return.

You must return goods within 14 days from the date you notify us. You bear the return shipping costs. You are liable for any diminished value due to handling beyond what is necessary to inspect the nature and functioning of the goods.

If you requested services to begin during the withdrawal period, you must pay for services already rendered proportionate to the total contract value.

The right of withdrawal expires for digital content not on a tangible medium once:

1. You expressly consented to the start of execution before the withdrawal period, and

2. You acknowledged that this forfeits your right of withdrawal.

Exclusion of Right of Withdrawal

The right of withdrawal does not apply to:

1. Custom-made goods based on customer specifications.

2. Sealed audio/video recordings or software once unsealed.

3. Newspapers or magazines, except subscriptions.

Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)

To: Klara Steinwender, Kasernstrasse 77, 8041 Graz, Austria
Email: officeklarastein@gmail.com

I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ().
Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only for paper forms):
Date:
(*) Delete as applicable

11. General Cooperation Obligations of the Client, Provided Materials, Contact Person for the Photographer, Insurance

11.1 The client shall reasonably support the Photographer's work. In particular, if the client is obligated to provide information, data, and/or raw materials (e.g., older family photographs such as grandparents' or childhood pictures for post-processing in a wedding album) to achieve the contractual purpose, the client shall make available to the Photographer all information and documents necessary for proper contractual performance, as well as any text, image, and audio material to be provided, in industry-standard quality and in a timely manner. Further individual contractual arrangements remain unaffected.

11.2 The client is liable to compensate the Photographer for any damages resulting from the breach of cooperation or provision obligations according to paragraph 11.1. If necessary, the schedule will be adjusted. The Photographer shall set the client a reasonable deadline to fulfill these obligations as long as the contractual purpose remains achievable. If this deadline expires without success, or if such a deadline is dispensable according to the previous sentence, the Photographer is entitled to withdraw from the contract and, in addition to damages, demand remuneration corresponding to the services rendered so far.

11.3 The client is informed that any items and/or data handed over to the Photographer within the scope of contract fulfillment are not separately insured by the Photographer. It is therefore the client's responsibility to ensure adequate insurance coverage for all items and data provided to the Photographer.

12. Secondary Duties such as Conduct and Consideration Obligations of the Client

12.1 The client is obliged not to use the Photographer's services abusively or in a manner contrary to good morals, to comply with legal requirements, and to respect the rights of third parties. This particularly includes the following client obligations:

1. The client shall ensure that any data provided to the Photographer does not violate personality rights or other third-party rights, especially trademarks, company rights, or copyrights. The client shall refrain from transmitting data with immoral or unlawful content.

2. If using the client's own templates, graphics, scripts, or programs on the Photographer’s computer systems, the client shall ensure these are free of defects (e.g., viruses) that could disrupt or thwart the Photographer's performance. This also applies to services provided by the Photographer to third parties.

3. The client shall comply with statutory provisions concerning data protection and data security.

12.2 If the client provides materials during contract execution that may be encumbered with third-party rights, the client guarantees that all necessary rights have been obtained in favor of the Photographer.

12.3 In the event of a breach of obligations by the client according to paragraphs 12.1 or 12.2, the Photographer is entitled, in addition to other legal rights, at their discretion to temporarily remove the affected content from the project with immediate effect (e.g., excluding materials from a wedding album despite the client’s instructions to include them). The same applies if third parties inform the Photographer that the client is contributing content in violation of the obligations set forth in paragraphs 12.1 and 12.2, unless the claim of rights infringement is obviously unfounded.

13. Dates, Deadlines, and Performance Obstacles

13.1 Delivery dates or deadlines, whether binding or non-binding, require at least a written agreement in text form (e.g., letter, fax, or email).

13.2 If the client's cooperation is necessary or agreed upon for the provision of services by the Photographer, an agreed delivery period shall be extended by the time the client fails to fulfill their obligation, plus a reasonable lead time for the Photographer to resume performance.

13.3 Delivery or performance deadlines shall be extended accordingly in the event of delays caused by a) changes in the client's requirements or b) insufficient client-provided materials.

13.4 If the client orders changes or additions that are not minor, previously agreed deadlines and periods linked to the original contract lose their validity.

14. Fee Adjustment in Case of Subsequent Changes in the Scope of Services, Additional Work

14.1 If the parties agree on subsequent changes to the scope of services, the Photographer has the right to adjust the remuneration. The adjustment shall be based on the calculation basis of the already agreed remuneration arrangement.

14.2 Regardless of the Photographer’s right under paragraph 14.1, the parties may already agree on the execution of subsequent changes to the scope of services, their effects on the remuneration amount, and the agreed deadlines at the time of such agreement.

14.3 Additional work will be charged at €110.00 (including VAT) per each commenced additional hour for the active team.

15. Prices, Due Dates, and Payment Modalities

15.1 Contractually agreed prices apply. Partial and advance payments are only possible if contractually agreed. Unless otherwise agreed, the following due dates apply to shoots: 50% upon order confirmation and 100% before sending the online gallery and corresponding client approval of the images.

15.2 Unless otherwise agreed, invoices are due without deduction 14 days after invoicing.

15.3 Payment is only deemed made when the Photographer can dispose of the amount.

15.4 Our prices are consumer prices, i.e., inclusive of VAT, if applicable.