Conditions

General Terms and Conditions for Kaiser Studios GbR

In the following as Kaiser Studios designated

 

PREAMBLE

The following terms and conditions regulate the contractual relationship between the client (customer) and Kaiser Studios (also contractor/photographer/videographer/make-up & hairstylist/designer). The following terms and conditions apply to all orders, offers, deliveries and services carried out by Kaiser Studios and/or its vicarious agents (assistants/employees) together with extensions of this contract as expressly included. An express reference to these terms and conditions is not required. Any general terms and conditions of the client or supplier are hereby expressly rejected insofar as they contradict the following terms and conditions. If the client wishes to object to the GTC, this must be declared in writing within three working days. Image material within the meaning of these terms and conditions are all products manufactured by Kaiser Studios, regardless of the technical form or medium in which they were created or are available.

​1. PERFORMANCE

The customer specifies the task, on the basis of which the planning for the fulfillment of this task takes place. Kaiser Studios can then create a written concept. Unless the contracting parties have agreed otherwise, written concepts are to be remunerated. If written concepts are created in the course of initiating a contract, these must also be remunerated if the order is not placed, unless otherwise agreed. The contractually agreed price includes all production costs, including a master copy, as well as the granting of rights to the film and image work or journalistic, creative work such as text, concept, contribution or treatment to the extent provided for in point 7 "Copyrights, exploitation rights".

​2. OBLIGATIONS OF THE CUSTOMER

​2.1. The customer is obliged to support Kaiser Studios in the production free of charge with all means available to him. In particular, all information required for production must be made accessible to Kaiser Studios and its employees. If it is necessary to use the customer's rooms to carry out the order, the customer must grant Kaiser Studios and its employees access to these rooms.

2.2. In the case of photographs of persons and objects to which third-party copyrights, property rights or other third-party rights exist, the client is obliged to obtain the consent of the persons depicted and the rights holders required for the production and use of the images. Any items or materials provided to Kaiser Studios will not be insured by Kaiser Studios. It is therefore the client's responsibility to ensure adequate insurance cover for his material at Kaiser Studios.

2.3. At the latest when the order is placed in writing, Kaiser Studios must be named a contact person who is authorized to make decisions in connection with the execution of the order. In particular, this contact person is entitled to make legally effective declarations regarding any production expansions, changes in the production target or the production dates and any resulting additional costs.

2.4. Appropriate breaks, including meals, must be guaranteed for the contractor and his assistants. All team members have the right to spend their break together. Kaiser Studios will endeavor to take the breaks if the circumstances of the day of the event allow it.

2.5. The location of the service for the day of the event is at the discretion of the client. A 'set up' table/work area must be made available for a styling to take place at this location. Electrical sockets must be provided for the styling to take place if hairstyling is part of the booking. Adequate lighting, whether from natural light or lamps, is necessary for the services to be carried out properly. A high chair or bar stool is appreciated but not necessary. Please let us know if a chair cannot be provided.

3. DURING THE DAY

3.1. The Kaiser Studios photographer is the only professional photographer at the specified locations, unless otherwise agreed in writing. Other images produced may not be used under the Kaiser Studios name.

3.2. Kaiser Studios decides which team member will be sent to the booked event as a photographer/videographer/stylist. Hiring more than one photographer/videographer/stylist from the Kaiser Studios team must be agreed in advance in writing.

3.3. The duration of the order is contractually determined. Extensions at the request of the customer must be agreed in writing and must be remunerated separately (comparison “Pricing & Payment”).

3.4. Kaiser Studios reserves the right to terminate the contract and vacate the venue if the Photographer representing Kaiser Studios encounters inappropriate, threatening, hostile or abusive behavior by any person at the event. In these circumstances, the refund fee and any deposits paid will not be refunded.

4. PERSONAL ACCIDENT

Any instructions given to clients, their guests or employees during work are at your own risk. Kaiser Studios cannot be held responsible for personal accidents.

5. CREATIVE LICENSE, COVERAGE AND PRODUCTION

5.1. Artwork/styling done during the course of the event/project is at the discretion of Kaiser Studios, although every effort will be made to meet the client's requirements. Special requests must be agreed in writing.

5.2. Special requests are not binding instructions, although every effort will be made to accommodate the customer's request. Kaiser Studios will endeavor to accommodate requested services, but cannot guarantee specific artwork, styling, background, location, group arrangements, due to weather changes and attendee availability and willingness. The client is advised that image material/styling is always subject to the contractor's artistic scope. Complaints and/or notices of defects with regard to the artistic scope exercised by the contractor, the location of the recording and the optical and technical means used are excluded. Subsequent change requests by the client require a separate agreement and order and are to be remunerated separately.

5.3. There is no guarantee that everyone present at an event will be photographed. However, the contractor always endeavors to achieve this if this is desired by the client.

5.4. When booking at certain locations, Kaiser Studios' movements are sometimes restricted by relevant authorities, natural environment, lack of space, etc. The area from which Kaiser Studios is able to conduct its work may not be Kaiser Studios' choice and therefore cannot accept responsibility for any obstructed view, should this occur.

5.5. During an event, Kaiser Studios will prioritize the positioning of people, camera and equipment over anyone else creating footage. If another professional photographer/videographer is recording and does not stop this work at Kaiser Studios' request, Kaiser Studios is entitled to discontinue the accompaniment. In this case, the client will pay in full for the services booked in accordance with this contract.

5.6. Due to a variety of lighting conditions and the limitations of digital sensors, some colors in a set of photos may vary.

5.7. While all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, Kaiser Studios is not responsible for footage/styling not created due to a technical defect.

5.8. The styling is carried out as with the trial styling and is carried out to the best of our judgement. If the customer is absolutely not satisfied or has not booked a trial appointment, Kaiser Studios removes the customer's make-up and loosens their hair. In this case, the deposit and 50% of the balance remain.

6. DELIVERY

6.1. As agreed, the image or film will be reworked and optimized in high resolution and sent to the client either via an online gallery/download link or on a USB stick in JPEG format. Delivery of RAW files (digital raw files) must be approved in writing by Kaiser Studios and will be paid for separately. The storage of the digital image files is not part of the order. The storage is therefore not obligatory and takes place without guarantee. The minimum number is determined by the confirmation of the offer.

6.2. Kaiser Studios will endeavor to deliver digital negative files as quickly as possible. However, this can take up to 6-10 weeks at busy times. All delivery times and dates specified by Kaiser Studios are non-binding unless they are expressly designated as binding in writing by Kaiser Studios. If the deadline is exceeded, the contractor is only liable in the event of intent and gross negligence. If Kaiser Studios is waiting for cooperation or information from the client or if the execution of the order is impeded due to force majeure or a strike or a lockout at the client or other circumstances for which Kaiser Studios is not responsible, the delivery times and dates shall apply for the duration of the impediment and for a reasonable start-up time after the end of the hindrance as extended. Kaiser Studios will immediately inform the customer of the impediment.

6.3. Kaiser Studios reserves the right to edit and publish only the material that is considered to be of high quality and in line with Kaiser Studios standards. Kaiser Studios enhances photos/films by correcting contrast, lighting and color schemes. Kaiser Studios does not change any inherent characteristics of a person, which can be considered as “cosmetic editing” (also retouching). Retouching is 20 € per photo. Retouching work includes but is not limited to: removing unwanted facial hair, adding hair in case of baldness, acne removal, wrinkle removal, changing hair color, changing the shape of nose, eyes, body, etc. It is required that the client takes care of all cosmetic changes prior to the shoot if they do not want to have gray hair, facial hair, etc. in the photos.

6.4. Changes are made exclusively by Kaiser Studios. Modifications to digital files by customers or third parties will void the contract and result in copyright infringement.

​6.5. The customer must immediately notify Kaiser Studios in writing of any defects and complaints. Complaints of any kind must be submitted in writing to the contractor within 14 days of the photos/films being handed over. Thereafter, the works are deemed to have been accepted in accordance with the contract and free of defects.

7. COPYRIGHTS, EXPLOITATION RIGHTS

7.1. The client acknowledges that the photographic material supplied by Kaiser Studios is copyrighted photographic work within the meaning of Section 2, Paragraph 1, Item 5 of the Copyright Act.

7.2. Kaiser Studios has the exclusive copyright to all images produced within the scope of the respective order; copyrights are not transferable according to copyright law.

7.3. Upon first request, Kaiser Studios transfers a simple right of use to the image material to the client. This only includes private use and not commercial use. Any change, further processing (e.g. photo composing, montage or electronic aids to create a new copyrighted work) of the supplied image material requires the express approval of Kaiser Studios. The same applies to the transfer of rights of use to third parties, which the client is generally not permitted to do. The agreed right of use is only transferred to the customer once the total amount has been paid in full.

7.4. Subsequent commercial/commercial use of the photographic works – in whatever form – by the client himself or by third parties can only take place with the temporary written consent of the photographer. This also applies to image files that have been digitally or otherwise altered or alienated by the client or third parties.

7.5. If Kaiser Studios grants permission to use the image material, it can demand to be named as the author of the photograph. If he makes use of this right, the violation of the right to be named entitles Kaiser Studios to damages.

7.6. In the event of any unauthorized (in particular without the consent of Kaiser Studios) and going beyond the rights granted to the client) use, application, reproduction or transfer of the image material for commercial purposes, a contractual penalty of five times the usage fee must be paid for each individual case. Kaiser Studios expressly reserves the right to assert further claims for damages.

7.7. No rights of use are established as a result of the penalties provided for when transferring rights of use.

7.8. Individual deviations in the rights of use and copyrights and special conditions for people of contemporary history must be agreed in writing.

7.9. If the publication option has been selected, Kaiser Studios, as the author of the image, reserves the right to grant rights of use to third parties in Germany and abroad for the copyright of the image material and pictorial representations, as well as to exercise ancillary and consequential rights.

7.10. Kaiser Studios is entitled to indicate services rendered for the client as a reference and to include the client in its list of references. Kaiser Studios has the right to use the finished production for demonstration purposes or self-promotion. Of course, in accordance with the highest standards and empathy. The works can be used without any compensation to the client.

 

 

8. PRICING & PAYMENT

8.1. For the production of the image material or styling, a fee will be charged as an hourly rate, daily rate or agreed flat rate plus any travel expenses as specified in the contract.

8.2. An additional written agreement must be reached on all changes to the service before the start of the execution, in which additional remuneration and changes in the timing are to be recorded in particular. For the production, the costs amount to the amount specified in the contract or order plus the statutory value added tax.

8.3. If the client wishes changes during or after the recording production, he has to bear the additional costs. The contractor retains the right to remuneration for work that has already begun.

8.4. Works or extensions that go beyond the respective order (unless part of an additional option) are billed according to the hours worked. Kaiser Studios will provide hourly billing upon request. When styling wedding guests, a price is agreed per styling. In the event that more guests want styling, each styling will be charged and included in the final total.

8.5. If the time allotted for the execution of the order is significantly exceeded for reasons for which Kaiser Studios or its vicarious agents are not responsible, or if the client requests it be extended, Kaiser Studios’ fee will increase if a flat-rate price based on the time frame was agreed , according to the additional time required. If a time fee has been agreed, Kaiser Studios will also receive the agreed hourly or daily rate for the waiting time. Without an explicit agreement, a fee of €250 (€350 from Kaiser Studios GbR for 2 booked service providers) will be charged for each additional hour started. In the event of intent or gross negligence on the part of the client, he can also assert claims for damages.

8.6. The fee does not include (if not expressly listed): copies, any foreign language versions, travel expenses: The trips must be agreed with the client in advance. The travel expenses are settled according to the tax rates. Standard conversions from German to international television standards (NTSC, SECAM), music rights (Gema and publishing fees), license costs for photos, for example, are listed separately.

8.7. A non-refundable booking fee equal to 20% of the total contract price requires the booking and full acceptance of the Terms and Conditions and Privacy Policy published on Kaiser Studios' website. The booking fee is payable within 14 days and will be deducted from the cost of the package chosen by the customer when calculating the balance due. The deposit covers the costs incurred, such as work, post, etc. and also the trial appointment for make-up and hairstyling. In the case of a trial styling without paying the deposit, the services of the MUA will not be reserved for the event. Non-booking of Kaiser Studios will nevertheless result in a charge for trial styling that has already taken place.

8.8. Full payment of the balance is due upon delivery of the products by Kaiser Studios or upon conclusion of the contract. Payments are due upon invoicing and, unless otherwise agreed, are to be made within 14 days of invoicing without deductions. Any invoice complaints must be submitted within 14 days of invoicing. If a term of payment is agreed, the customer guarantees that Kaiser Studios will receive the payment by the day the term of payment expires.

8.9. Payments are to be made by bank transfer or in cash. The client can only offset against claims by Kaiser Studios if the client's counterclaim is undisputed or there is a legally binding title.

8.10. In the event of a delay in payment, the customer must pay interest on arrears in the amount of 2% via the Bundesbank discount, unless a higher or lower damage caused by the delay can be proven. In the event of a delay in payment, a significant deterioration in assets, cessation of payments or the opening of bankruptcy or composition proceedings by the client, Kaiser Studios is entitled to immediately withdraw from all existing contracts with the client.

8.11. Offsetting or exercising the right of retention is only permissible against undisputed or legally established claims of the customer. Dunning fees and the costs (including out-of-court) legal interventions shall be borne by the client.

8.12. Discounts of any kind are not transferable, cashable or combinable.

9. TRAVEL EXPENSES, OTHER EXPENSES

9.1. If the arrival and departure of the contractor exceeds the previously agreed scope or if no other written agreement has been made, the following travel expenses will be charged: (from 50 km +) €0.75 per kilometer driven plus €35 per hour travel time.

9.2. If you arrive by train or plane, or if you need to stay overnight, you will be billed for the actual costs or expenses incurred (against receipt). The client has no right to choose a specific means of transport for arrival and departure or to choose a specific hotel for the night. It goes without saying that Kaiser Studios does not want to incur expenses for the client.

10. CANCELLATION FEES

10.1. Should the customer need to cancel a booking, the following cancellation fees will become due immediately:

10.2. Cancellation from the booking date and more than six months before the start of the project/event, the booking fee of 20% of the total contracted price remains payable.

10.3. Cancellation with less than five months before the agreed start of the project/event is to be paid 50% of the agreed total amount. Cancellations made less than three months before the start of the project/event will be charged 85% of the agreed total amount. If canceled less than six weeks before the agreed start of the project/event, the full price must be paid. Customers are advised to take out appropriate insurance to cover the costs incurred in the event of cancellation.

10.4. If cancellations are unavoidable due to personal emergencies or force majeure, such as natural disasters, pandemics, epidemics, etc., the client must be informed immediately. In addition, an agreement must be reached with the contractor to find a new date for the project/event.

10.5. Declarations of withdrawal must be made in writing.

10.6. Statutory rights of withdrawal remain unaffected by these regulations.

11. LIABILITY

11.1. For damage of any kind, Kaiser Studios is only liable for itself and its vicarious agents in the event of intent and gross negligence. This does not apply to damage or violation of essential contractual obligations that he or his vicarious agents have culpably caused.

11.2. Kaiser Studios assumes no liability for infringement of the rights of persons or objects depicted.

11.3. Kaiser Studios is only liable for damage or loss of negatives or digital image files or styling in the event of intent and gross negligence, up to a maximum of the value of the booked and contractually agreed price.

11.4. Kaiser Studios accepts no liability for damage, defects or loss caused by subcontractors or suppliers who provide their services on their own account.

11.5. Shipments are made at the expense and risk of the customer. The risk passes to the customer at the time of handover to the person or organization commissioned with the transport.

11.6. Claims for damages against Kaiser Studios arising from delay, impossibility or performance, violation of legal and/or contractual ancillary and protective obligations upon conclusion of the contract are excluded, provided that the damage was not caused by intentional behavior or gross negligence on the part of the contractor or his vicarious agents.

11.7. The organization and allocation of bookings as well as the execution of the commissioned work are carried out with the greatest possible care. However, should Kaiser Studios or a member of Kaiser Studios or a vicarious agent fail to meet the agreed deadline due to circumstances for which Kaiser Studios is not responsible (e.g. circumstances of force majeure, illness, traffic accidents, environmental influences, traffic disruptions, etc.), the client can not assert any claims for damages for any resulting damage, consequences or additional costs. No price reduction can be claimed.

11.8. Should Kaiser Studios or a member of Kaiser Studios and its vicarious agents fail at short notice due to the above-mentioned circumstances of force majeure, and should Kaiser Studios be able to do so due to these circumstances, it will endeavor, to the extent desired by the clients, to recommend a replacement within Kaiser Studios or an external replacement who will provide their services at their own expense. This does not justify a claim for replacement or guarantee. No price reduction can be claimed. We are expressly not liable for any additional costs that arise from the booking of a replacement photographer or other third parties.

11.9. From the time the image material is properly delivered, the customer is responsible for its proper use.

11.10. Kaiser Studios is not liable for the loss of stored data and digital data. The contractor is entitled to commission third-party laboratories, photo book manufacturers, etc. to create the desired material such as photo books. Compensation for damages exceeding the material value is excluded.

11.11. Kaiser Studios is not liable for the lightfastness and durability of the image material. In the case of reproductions, repeat orders and enlargements, there may be differences in color compared to the original or the original images. Differences in color can also occur in photographic prints and prints of any kind created from a digital file. This is not a defect in the work and a complaint is not justified as a result. Additionally, Kaiser Studios is not responsible for the inevitable inferior quality resulting from customers' printing from all non-professional printing labs including but not limited to DM, Müller, etc. It should be noted that Kaiser Studios accepts printing from professional printing labs to obtain the highest quality prints. The customer understands that color changes in photography may fade or discolor over time due to the inherent properties of dyes, as well as DVD or CD media, which can deteriorate through delamination and oxidation. The client releases Kaiser Studios from any liability for any claim of deterioration due to such inherent qualities.​

​11.12. This limitation of liability also applies in the event that Footage is damaged in processing, lost due to camera malfunction, or otherwise lost or damaged through no fault of Kaiser Studios. If Kaiser Studios fails for any other reason, Kaiser Studios will not be liable for any amount in excess of the retail value of the customer's order.

11.13. For styling, all brushes, tools and makeup products are stored hygienically and disinfected between each makeup application. Any skin condition should be reported by the client to the makeup artist prior to application. It is the customer's responsibility to notify Kaiser Studios of any known skin sensitivity to products or concerns that may affect use of equipment or products; All details are treated confidentially. This includes, but is not limited to, sensitivities, allergies and medical conditions. Where possible, Kaiser Studios selects the products that suit your skin type based on the information provided. Everyone's skin type is different and it's possible to be allergic to anything. The products that will be selected and agreed during the trial appointment are the products that will be used on the day of your wedding/event. Kaiser Studios is not liable for any adverse reactions to the products used and cannot be held responsible for any loss resulting from side effects of the products used. If the customer or party requires patch testing of any products, this can be arranged and charged according to the agreed fee.​

12. CONFIDENTIALITY

​Both contracting parties are obliged to maintain confidentiality regarding the information received in connection with the execution of the order, insofar as this has not already been published. This also applies to employees or other third parties involved.

​13. PLACE OF PERFORMANCE, JURISDICTION, FINAL PROVISIONS

13.1. The law of the Federal Republic of Germany applies, also for deliveries and publications abroad. For all points not regulated in these terms and conditions, the statutory regulation comes into force. The place of performance for mutually owed services is the client's registered office or as agreed in the contract. Exclusive factual and local place of jurisdiction is the headquarters of Kaiser Studios.

13.2. The terms and conditions apply to the same extent for orders in the fields of photography, videography, animation, audio productions as well as make-up and hairstyling.

14. SEVERABILITY

If any provision of this Agreement is held invalid or unenforceable by law, the validity of this Agreement as a whole will not be affected and the remaining provisions of the Agreement will remain in full force and effect.

​15. OTHERS

This Agreement contains the entire understanding of the parties. No modification of this Agreement shall be in writing and signed. A waiver of any breach or default hereunder shall not be deemed a waiver of any subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement is subject to the Laws of Germany.

​These terms and conditions apply from August 1st, 2020.