General Terms and Conditions (GTC) for Photoshoots by Dirk Murrnautzky
I. General
1.1 These General Terms and Conditions (GTC) apply to all photoshoots, offers and services provided by the photographer Dirk Murrnautzky (hereinafter “Photographer” or “DM”) on Mallorca.
1.2 The GTC come into effect upon booking (whether in writing, by telephone or by e-mail) and, at the latest, upon the Client’s acceptance of the delivered images.
1.3 Any conflicting terms and conditions of the Client are hereby expressly rejected and shall only apply if confirmed in writing by the Photographer.
1.4 In the context of an ongoing business relationship, these GTC also apply to all future assignments without needing to be agreed again.
II. Supplied Image Material
2.1 These GTC cover all images handed over to the Client, regardless of format or delivery method (e.g. digital or print).
2.2 The Client acknowledges that the delivered images constitute copyright-protected photographic works under the German Copyright Act.
2.3 The image material is provided in digital form at the agreed resolution and file size.
2.4 Complaints regarding content, quality or condition of the image material must be submitted in writing by e-mail to dirk@murrnautzky.de within 24 hours of receipt. Failing timely notification, the material shall be deemed delivered in accordance with the contract.
2.5 There is no right of withdrawal for images already provided digitally.
III. Usage Rights
3.1 Upon full payment of the agreed fee, the Client receives a simple (non-exclusive), unlimited-in-time and unlimited-in-territory right to use the delivered images.
3.2 Any transfer of usage rights to third parties requires the Photographer’s written consent.
3.3 When publishing the images, the Photographer must be credited as author in an appropriate manner.
IV. Fees and Payment Terms
4.1 The individually agreed fee applies. All prices are plus statutory value-added tax.
4.2 Discounts or special terms are only valid if confirmed in writing.
4.3 Invoices are due and payable without deduction within 14 days of the invoice date.
4.4 In case of default in payment, interest on arrears at a rate of 5 percentage points above the base rate shall be charged; reminder fees of € 12.50 per letter shall also apply.
V. Cancellation and Rescheduling by the Client
5.1 Failure to appear at the agreed shoot date does not release the Client from the payment obligation.
5.2 Cancellation up to 14 days before the shoot date is possible without additional fees. Any booking fee already paid is non-refundable.
5.3 For cancellations less than 14 days before the shoot date, the full fee becomes due. The Photographer will offer an alternative date within the current season (until 30 September); nevertheless, the fee is to be paid no later than on the originally scheduled date.
5.4 In the event of illness of the Client, there is no entitlement to reimbursement. The Client may cover their costs via travel insurance. An alternative date will be offered where possible, but the fee remains due.
5.5 Vouchers are excluded from withdrawal and are non-refundable.
VI. Right of Withdrawal
6.1 There is no statutory right of withdrawal for digital image deliveries.
6.2 The Client may withdraw from the contract free of form by e-mail to dirk@murrnautzky.de up to 14 days before the first shoot date; a separate confirmation will be sent by e-mail.
VII. Liability
7.1 The Photographer is liable only in cases of intent or gross negligence.
7.2 Liability for damages during travel to and from the shoot, or for items brought along by the Client, is excluded.
7.3 Liability for slightly negligent breaches of duty is excluded unless they involve the violation of essential contractual obligations (cardinal obligations). In such a case, liability is limited to the typically foreseeable damage.
7.4 Liability under mandatory statutory provisions, especially for personal injury and product liability, remains unaffected.
VIII. Final Provisions
8.1 Deviations from these GTC are only effective if made in writing.
8.2 Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the invalid provision.
8.3 The place of jurisdiction for all disputes arising from this contractual relationship shall, insofar as legally permissible, be Florida.
Status: May 2025