Christin Theilig Content Creations Standard Terms and Conditions apply to all products and services provided.
In addition to Photography and Video please refer to my Standard Terms and Conditions specific to Photography and Video Licensing.
Introduction
I work well with my clients because our relationships are based on honesty and trust, but all work needs guidance in the form of terms and conditions. They provide the basis for a good working relationship between both parties and these terms form an integral part of the agreement between Christin Theilig Content Creations (referred to as CT throughout this document) and you “the Client”.
It is important that you The Client please take time to read through thoroughly and ensure you fully understand these terms and conditions. It’s vital that you know what I charge for and why I charge it, why certain copyright files are not released by me and also what charges you might incur for late payment, additional work requests or copyright releases. If you have any questions, please get in touch immediately.
The following standard Terms and Conditions apply to all products and services with the addition of Standard Terms and Conditions for Photography/Video Licensing found here.
Please also note that from time to time CT may need to alter these terms and conditions without notice. Please contact me if you do not understand any of the terms and conditions in this document.
Standard Terms & Conditions
Commencement of Work
Agreement to work with, and acceptance of an email proposal or creative brief by a deposit payment to CT constitutes agreement to these terms and conditions.
Placement of a booking for photography and/or any other product or services offered by CT, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at https://christintheilig.com/terms/
A Booking, Estimate/Quotation, or Invoice validated by a deposit payment or a payment in full received by the Client or a Client’s representative via Bank Transfer or Credit Card, constitutes acceptance of the agreement to comply fully with all Terms and Conditions and forms a binding Contract for Business between the Client and CT.
Furthermore, a Proposal, Estimate/Quotation, or Invoice validated via return email, either with the Clients (electronic) signature constitutes acceptance of the agreement to comply fully with all Terms and Conditions, and forms a binding Contract for Business between the Client and CT.
By accepting these terms and conditions, you acknowledge that you are at least eighteen years of age, or the legal age to form a binding contract within your legal jurisdiction.
Payments and Deposits
“The Client” agrees to pay a 50% deposit of the quoted amount to commence any content creation project, with the balance payable prior to delivery. Work on the project will begin once the 50% deposit has been received. Payment is required in full prior to releasing high-resolution digital files, and/or supplying files for offset or digital printing, and/or publishing online. Once research, resources allocated or creative work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. CT endeavours to provide creative services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client” , the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent.
Fees for Service
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.
Excess Work
This is defined as any work involving additions to the list of items defined in the project scope/service estimate or changes to all pieces of finished photo/video files after sign off by an authorised representative of “The Client” . From time to time “The Client” will require extra requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of $100 per hour will be payable.
Should additional photo/video requirements not initially quoted for be requested during the production process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Publication and/or release of work performed on behalf of the client by CT may not take place before cleared funds have been received.
Any booking fees, delivery fees, production commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
Goodwill
This proposal assumes goodwill from both CT and “The Client” regarding:
- What can reasonably be achieved in a given time frame
- Making best use of resources to achieve the most effective outcomes
Files and Storage
Source Files
CT will supply proofs and files as appropriate for printing, or other digital CT files as detailed in the job scope or request. Upon project completion, CT securely backs up and stores all associated files. Should the client request the supply of any files more than 30 days after project completion, a retrieval fee may be incurred.
Please note: that charges for creative services do not cover the release of our copyright photography/videography files, or working files used in the creation of your project, including but not restricted to psd, png, .raw, dng or other source files or raw code; if the “Client” requires these files for transfer to an in-house or other designer, or any other reason, they will be subject to a separate quotation or ‘buy-out’ charge.
Resending Uploading Files
If a client lost or accidentally deletes the files delivered by CT at the completion of the project, CT can reupload to a client gallery service for a fee of $50 per request. Providing the request from the “Client” has been made within 1 year from the date of completion.
Files on USB/Hard Drive
If any client files are required on USB/Hard Drive, an administration fee of the price of such storage device plus courier/ postage will be payable.
Photo/Video samples
“The Client” also agrees to allow CT to showcase any/all work created in the course of a project as part of CT portfolio. CT acknowledges the confidential nature of projects and agrees to only display project work once the product has been publicly launched/commences.
“The Client” agrees to allow CT to place a small credit on printed material exhibition displays, advertisements and/or a CT Graphic on the “Client” website. This will be in the form of a small logo or line of text placed towards the bottom of the page.
International Work
Most of CT clients come from a variety of countries. Being a niche market I am a specialist in the realm of eco-travel, lifestyle, fashion and luxury hotel and as such create and work across the world, using contemporary communication methods such as Slack, Pixieset, Google Drive, Milanote, Zoom, Screen Sharing, email and chat, along with the more traditional devices such as telephone.
Termination Policy
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to CT. This is to cover creative and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by CT and the client by negotiation) a prorata payment is payable for time spent up until cancellation notice, at an hourly rate of $100 per hour.
If a project is cancelled by CT, due to unforseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original files and disks shall be returned and retained by CT.
Confidentiality
It is agreed that employees, freelancers or contractors of CT shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client” .
Late Payments & Default
Accounts that are not paid within 15 days will incur a late administration fee of $20. Accounts that remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “The Client” has stated expressly that they do not intend to pay an invoice by CT, unless prior arrangements have been made. CT shall at its sole discretion suspend any and all services provided to the client by CT or it’s subsidiaries (including but not limited to uploaded photo galleries, concepts, digital files, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to shoots, sub-contractors, creative teams such as photographers plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted gallery display and e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
“The Client” whose account is in default agree to pay CT reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
CT retains all copyright for work performed until full project costs have been paid. CT reserves the right to reuse or re-sell work undertaken in the case of payment default.
CT accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
Liability & Litigation
It is agreed that all work and materials provided for “The Client” by CT will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
It is agreed that CT indemnifies and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.
Under no circumstances shall CT be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by CT including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Copyright & IP (Intellectual Property)
Copyright and IP is retained by Christin Theilig on all creative works including but not limited to, pictures, videos, photography, videography, ideas, concepts, visuals, sketches, and illustrations unless specifically requested in writing and after all costs have been settled.
Any full-resolution digital files included in your package will include a print release form that allows you to have the images printed at any location and in any medium.
If a choice of (editing) style is presented and one is chosen for your project, only that solution is deemed to be given by me as fulfilling the contract. All other styles remain the property of CT, unless specifically agreed in writing.
CT retains full ownership of production concepts and materials it produces. Once a final project is delivered to a client and full payment is received, ownership rights can be requested specifically in writing. Unused imagery/videos remain the property of Christin Theilig. CT may still use paid-for photos/videos in its promotional materials and in its creative portfolio. Unless the client requests otherwise, CT retains the right to display a small byline claiming credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of creative proposals and concepts submitted to but not approved for the work outlined. Until final payment, CT retains ownership of all photo/video files. CT reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.
CT reserve the right to use stock images or footage in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of CT all services provided shall be for the exclusive use of the client’s said purposes only. Imagery/Videos may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final files created by CT shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.
In accordance with the German Copyright Act (1965),’The author may grant a right to another to use the work in a particular manner or in any manner (right of use). A right of use may be granted as a non-exclusive right or as an exclusive right, and may be limited in respect of place, time or content. Copyright will remain property of CT till such time an agreement is in place. CT reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting CT in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
Copyrights and Trademarks
By supplying images, text and other data to CT for inclusion in the Client’s projects or other medium, The Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.
Any images, or videos supplied and/or designed by CT on behalf of the Client, will remain the property of CT and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to The Client solely for the project defined in the scope or request and not for any other purpose.
The Client may request in writing from CT, the necessary permission to use materials (for which CT holds the copyright) in forms other than for which it was originally supplied, and CT may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid images, videos or other data is used.
Should CT, or The Client supply an image, text, audio clip, video or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, The Client will agree to allow CT to remove and/or replace the file on the site.
The Client agrees to fully indemnify and hold CT free from harm in any and all claims resulting from The Client in not having obtained all the required copyright, and/or any other necessary permissions.
Disclaimer
Photography, videography, marketing, styling and texts are all highly creative and subjective art forms. As such CT takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however CT cannot be held responsible for variations between expectation and outcome.
All information contained on this website is intended for general information purposes only. The information is provided by CT. I try to keep the information up-to-date and ensure that it is correct, however, I make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. CT will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. CT has no control over websites that are linked to on this website.
Variations
These terms shall not be varied except by agreement in writing upon request of the Client.
Acceptance of Agreement
Acceptance of this agreement between CT and “The Client”
Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact me before advising me of acceptance.
Please Note
By submitting a deposit payment, you consent to the terms of this agreement on behalf of yourself, and/or your organization or business.
Applicable Law
This agreement is governed by the Laws of Germany.
