These General Terms and Conditions (T&C) apply to all contracts between Helen Licht Studio (hereinafter “Photographer”) and her clients (hereinafter “Client”).
Depending on the type of client, the following additional provisions apply:
• Part A: Consumers (§ 13 German Civil Code – BGB)
• Part B: Businesses (§ 14 German Civil Code – BGB)
By booking a photoshoot or, at the latest, by paying the deposit, the Client accepts these Terms and Conditions.
“Images” within the meaning of these Terms and Conditions include all photographic works created by the Photographer, regardless of format or medium (digital or analogue).
The Photographer acts as an independent service provider.
The Photographer remains the sole copyright holder of all Images.
Only usage rights are granted; ownership of the Images is not transferred.
Unless otherwise agreed, all usage rights are:
• non-exclusive
• non-transferable
• non-sublicensable
Usage rights are granted only after full payment has been received.
The use of the Images for logos, trademarks, or corporate identity purposes is not permitted without a separate written agreement.
Any use of the Images for the Photographer’s self-promotion (e.g. website, portfolio, or social media) shall only take place on the basis of a separate consent given by the Client.
A deposit of 50% is required to reserve a booking date.
The remaining balance is due prior to the photoshoot.
Invoices are payable within 7 days of receipt without deduction.
Consumers are entitled to a statutory right of withdrawal for distance contracts.
The withdrawal period is 14 days from the conclusion of the contract.
To exercise the right of withdrawal, a clear statement (e.g. by email) is sufficient.
If the Client expressly requests that the service begin before the withdrawal period expires, the Client shall pay an appropriate amount for services already provided up to the time of withdrawal.
The right of withdrawal expires early if the service has been fully performed and the Client has expressly agreed that the Photographer may begin performance before the withdrawal period expires.
A separate withdrawal notice will be provided to the Client.
The deposit serves to reserve the agreed date and to compensate for lost booking opportunities.
In the event of cancellation, the deposit will generally be retained.
The Client expressly reserves the right to prove that no damage or substantially lower damage has occurred.
In the case of short-notice cancellation or failure to appear, reasonable compensation may be charged, taking saved expenses into account.
Rescheduling may be possible upon mutual agreement.
The Photographer shall be fully liable:
• in cases of intent or gross negligence
• for damages resulting from injury to life, body, or health
• in accordance with mandatory legal provisions
In cases of ordinary negligence, the Photographer shall only be liable for breaches of essential contractual obligations (“cardinal obligations”) and only for foreseeable damages typical of the contract.
The statutory places of jurisdiction shall apply.
If the Client cancels:
• the deposit is non-refundable
• in the event of short-notice cancellation, up to 100% of the agreed fee may be charged
An appropriate deduction for saved expenses may be made.
Any use of the Images before full payment is considered unauthorized.
In such cases, the Photographer may charge an appropriate additional license fee of up to twice the customary license fee.
Except in cases of intent, gross negligence, or personal injury, the Photographer’s liability shall be limited to the total contract value.
Liability for indirect damages, lost profits, or consequential damages is excluded to the extent permitted by law.
The place of jurisdiction for business clients shall be Düsseldorf.
Unauthorized use of the Images requires payment of an appropriate license fee.
The Client is responsible for:
• obtaining necessary permits for locations
• clarifying any third-party rights (e.g. trademarks, property rights, or personality rights)
The Photographer does not guarantee the legal validity of consents or permissions obtained from third parties.
If the photoshoot cannot take place due to circumstances beyond the Photographer’s control (e.g. illness, weather conditions, technical failure, or force majeure):
• an alternative date will be offered where possible, or
• payments already made will be refunded
Any further claims shall only exist within the scope of applicable law.
Additional shoots requested by the Client will be charged separately.
The selection and artistic editing of the Images are at the Photographer’s discretion.
Additional editing requests may incur additional fees.
RAW files or unedited original files are generally not provided unless otherwise agreed in writing.
The Photographer may archive Images for up to 12 months but does not guarantee permanent storage.
The Client is responsible for their own data backup.
• No work will be carried out under unlawful or dangerous conditions.
• The Client is responsible for obtaining permissions for private locations.
• Additional professional photographers or videographers are only permitted with prior approval from the Photographer.
Should any provision of these T&C be or become invalid, the validity of the remaining provisions shall remain unaffected.
Changes or additions must be made at least in text form (e.g. email).
The laws of the Federal Republic of Germany shall apply.
The Photographer processes personal data and image material in compliance with applicable data protection laws, particularly the General Data Protection Regulation (GDPR).
Any publication of Images in which persons are recognizable shall only take place on the basis of separate voluntary consent given by the Client.
Consent is voluntary and is not a condition for entering into the contract.
For minors, consent from a parent or legal guardian is required.
Further information regarding the processing of personal data can be found in the Privacy Policy on the website.