This page contains our specific Standard Terms & Conditions for Photography/Video Licensing, these apply to all Photography/Video production products and services provided by Christin Theilig Content Creations.
Please note: My Standard Terms and Conditions found here apply to all products and services provided by Christin Theilig Content Creations. Please ensure you have read both documents and understood them.
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.
Please 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 Photography Terms and Conditions for Licensing Photographs/Videos
Definitions
For the purpose of this agreement “the Client” means the Client requesting the photographs/videographs. “the photographer/videographer” means any individual photographers/videographer, employees, contractors, assistants, or any other parties engaged by CT (Christin Theilig Content Creations). “Photographs” means all photographic material furnished by the photographer whether transparencies, negatives, prints or any other type of physical or electronic material. “Videos” means all video material furnished by the photographer whether as a whole or in part.
Copyright
The copyright of the photographs/videos is owned by and retained by the Photographer at all times throughout the world. The Client agrees that the Photographer is the sole author of the photographs/videos.
Grant of Rights
The Photographer/videographer represents and warrants that he is the owner of the photographs/videos and has the unrestricted right to grant this license and rights.
Payment
Licensing fees can be paid by electronic bank transfer or Paypal. For projects, full payment must be received within 14 days after the invoice date or prior to publication. Rights are not transferred before payment is received.
Photo Credit
(Mandatory for editorial uses): The photographer’s name will be printed in reasonable proximity to all published reproductions of the photographs/videos unless agreed otherwise. If licensed for web use, or social media use credit must link to Christin Theilig Content Creations.
(Mandatory for Social Media uses): The photographer’s name and social account must be inserted within the written/copy description of all photographs/videos published by The Client on their Social Media or other publishing accounts, unless agreed otherwise.
All Social Media Posts for Instagram must include a tag on the actual photographs/videos/ which links to CT’s Instagram: @christintheilig) unless agreed otherwise.
This agreement is between Christin Theilig, hereinafter referred to as “CT” and the signers of this lifestyle & food photography agreement, hereinafter referred to as the “Clients“, collectively referred to as the “Parties“, with the lifestyle & food photography session detailed below.
The licence agreement attached to this contract are integral parts of this document. The contract terms and agreement are the only legally binding documents between the Parties.
License to Use
The Licence shall be for the territory time and use as agreed and shall come into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs/videos before payment in full of the relevant invoice(s) without the photographers/videographers express permission in writing.
The Licence only applies for the use as agreed and does not include any form of electronic or other storage. The Licence cannot be transferred without the photographers/videographers express permission in writing. Any other use or reuse requires a new Licence.
The Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the photographs/video without the prior written consent of the Photographer/Videographer.
The License granted is not effective until the Client has paid the Fees and Expenses in full.
Photographers/Videographers Promotional Use
The photographer/videographer will at all times retain the right to use the photographs/videos in any manner and in any part of the world for the purpose of advertising and promoting their work even when an exclusive licence is granted.
Ownership of Materials
Title to all Photographs/Videos remains the property of the photographer/videographer. When the Licence has expired the photographs/videos cannot be used again unless a new Licence has been issued.
Releases
Unless otherwise stated CT does not have model, property, or other releases. Client indemnifies CT against all liabilities and expenses arising from unauthorised uses.
Warranty and Indemnity
The Client warrants to the Photographer/Videographer that it has the capacity and authority to enter into this Agreement and it will only use the Photographs/Videos in accordance with the License granted under this Agreement.
The Client further agrees to indemnify the Photographer/Videographer against any actual and direct loss, claim, injury or damage (including any reasonable legal costs or expenses properly incurred) by the Photographer/Videographer as a direct result of breach by the Client of the above warranties.
Client Confidentiality
The photographer/videographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography/videography save as may be reasonably necessary to enable CT to carry out the work.
Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the project, the Photographer (CT) cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the location, or location restrictions. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
Clients are responsible for all location fees and permits.
Force Majeure
If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any money paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Limit of Liability
If the Photographer is too ill or becomes injured and cannot supply the content creation services specified above the Photographer will try to re-schedule at no additional costs and liability is limited to a refund of any payments received. The Photographer has working methods in place to prevent loss or damage to your images/files. However, there is the unlikely possibility that images may be lost, stolen, or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.
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 agreements. 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.
