General terms and conditions
Inhalt
A. Photo and video shoots
1. Scope of Application
(1) These General Terms and Conditions apply to the provision of photography and video services (production of photo and video recordings, image editing) by Marlen Mansfeld, Engerthstraße 108/31, 1200 Vienna, Austria (hereinafter referred to as “Photographer,” “we,” or “us”) to the customer (hereinafter referred to as “Customer,” “Purchaser,” or “you”).
(2) Deviating and/or additional terms and conditions of the Customer shall not become part of the contract.
2. Distinction between Business Customers and Consumers
(1) Some provisions of these Terms and Conditions apply only to consumers or only to business customers. Where applicable, this is specifically indicated in the relevant section of these Terms and Conditions.
(2) A “consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (Section 13 of the German Civil Code).
(3) An “entrepreneur” within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession (Section 14 of the German Civil Code).
3. Conclusion of Contract, Storage of Contractual Terms, and Contract Language for Online Orders
If the contract is not concluded through individual communication (e.g., in person, via email, fax, mail, telephone, etc.) but via an online order, the following shall apply:
- (1) The contract is concluded as follows: Your order of the service constitutes a binding offer to conclude the respective contract. To place the order, you complete the order process on the website and provide the required information. Before submitting the order, you have the opportunity to review and correct all order data. By submitting the order, you make a binding offer to us to conclude a contract.
- We may accept your offer within five days by:
Sending an order confirmation by mail, fax, or email, or
Requesting payment
The time of receipt of our order confirmation or payment request shall determine whether the deadline is met.
(2) We store the contractual terms, i.e., the order/registration data and these Terms and Conditions. You may print or save the contractual terms using your browser’s usual functions (typically “Print” or “File” > “Save As”). The order/registration data is shown in the final step of the order/registration process.
(3) The contract language is German.
4. Consumer Right of Withdrawal
(1) For transactions with consumers, we point out the following: A consumer right of withdrawal does not exist under Section 312g (2) No. 9 of the German Civil Code for contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, car rental, delivery of food and beverages, or other services related to leisure activities, if the contract provides for a specific date or period of performance. Accordingly, no right of withdrawal exists for our time-bound services.
5. Commissioned Productions
Any cost estimates provided by the Photographer are non-binding. If cost increases occur during production, these must be communicated as soon as it becomes apparent that the originally estimated total costs will be exceeded by more than 15%. If the planned production time is exceeded for reasons not attributable to the Photographer, additional compensation based on the agreed hourly rate or an appropriate increase in the flat fee shall be payable. Unless otherwise agreed, the Photographer shall select the images submitted to the Customer for acceptance after production.
6. Original Files
Raw files will not be handed over to the Customer and will remain with us. We retain them for potential post-processing or follow-up orders for a period of two years.
7. Rights of Use
(1) Unless otherwise agreed, the Customer receives a simple right of use to the delivered image material for its intended purpose. This generally includes use for private purposes or—in the case of corporate orders—for internal company presentations. Commercial use, such as duplication or making the material accessible for sale to third parties, is typically excluded.
(2) Editing or other modifications of the work may only be published with our consent, except where legally permitted. Therefore, publication of the photos and/or videos on the Customer’s online presence or in social networks is generally only allowed in their original form, without cropping or filter editing.
8. Copyright Notice
(1) Our authorship must be credited using the designation provided by us or retained on the photo or video.
9. Duties of Cooperation, Indemnification Obligation
(1) The Customer is obligated to perform all necessary acts of cooperation, e.g., obtaining any required release for a location where the photo is to be taken. The same applies to obtaining consent from persons to be depicted in the material.
(2) Requested props must be commissioned or procured by the Customer at their own expense.
(3) The Customer is solely responsible for any persons, animals, props, premises, or objects to be included at their request. We assume no obligation to review content for possible third-party rights violations. The Customer is solely responsible for ensuring that their submitted content does not violate laws or third-party rights. Should third parties make claims against us due to possible legal violations, the Customer agrees to indemnify us against all liabilities and reimburse any resulting expenses and damages, including reasonable legal defense costs.
10. Payment Terms
(1) Payment must be made within 10 days of invoicing.
11. Cancellation of Orders and No-Show by the Customer
(1) You may cancel your booking of the photo or video shoot (hereinafter “shooting”) up until the event, provided there is a valid reason.
(2) In case of cancellation, we are entitled to charge the difference between the agreed fee and the expenses saved or income obtained (or maliciously omitted) as a result of the cancellation.
- (3) Instead of calculating the exact difference, we may charge a flat-rate cancellation fee as follows:
- Cancellation 21 days before the shooting: 0% of the fee
Cancellation 7 days before the shooting: 50% of the fee
Later cancellation or no-show: 100% of the fee
If you can prove that the actual loss is lower, only the lower amount applies.
12. Reference Use
If no persons and/or interiors are depicted in a photo created for a Customer, we are entitled to use the photo for our own advertising purposes on the Internet, particularly on our website, social media, newsletters, etc.
13. Retention of Title
Delivered image material remains our property until full payment has been received.
14. Warranty Claims
For business customers:
(1) Claims for defects shall become time-barred one year after acceptance of the work. This does not apply to claims for damages due to injury to life, limb, or health caused by a defect for which we are responsible or for gross negligence by us or our agents. These claims are subject to the statutory limitation period.
(2) Otherwise, the statutory warranty provisions apply.
15. Liability Exclusions and Limitations
Our liability for damages is subject to the following:
(1) In cases of intent or gross negligence by us or our agents, we are liable in accordance with the law. The same applies to damages caused by negligence resulting in injury to life, body, or health.
(2) For property and financial damage caused by negligence, we are only liable for the breach of essential contractual obligations, limited to the foreseeable and typical damages at the time of contract conclusion. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and on which the contracting party regularly relies.
(3) Any further liability is excluded, regardless of the legal basis.
(4) The above exclusions and limitations of liability also apply in favor of our agents.
(5) Liability for guarantees or under the Product Liability Act remains unaffected.
16. Governing Law, Jurisdiction
(1) Austrian law exclusively applies. For consumers, this choice of law applies only to the extent that no mandatory provisions of the law of the country in which the consumer has their habitual residence are restricted.
(2) For disputes not arising from consumer contracts, the place of jurisdiction shall be our registered office. However, we may also bring an action at the Customer’s place of residence.
B. Coachings and Workshops
1. Scope of Application, Provider
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the contractual relationship between Marlen Mansfeld, Engerthstraße 108/31, 1200 Vienna, Austria (hereinafter referred to as “we” or “us”) and the Customer (hereinafter referred to as “Customer” or “you”) in connection with the following services:
– Coaching and workshops in group and/or individual sessions (hereinafter referred to as “events”), held online and/or in person.
(2) Deviating and/or additional terms and conditions of the Customer shall not become part of the contract.
2. Distinction between Business Customers and Consumers
(1) Some provisions of these GTC apply only to consumers or only to business customers. Where applicable, this is specifically indicated in the relevant section of these GTC.
(2) A “consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (Section 13 of the German Civil Code).
(3) An “entrepreneur” within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession (Section 14 of the German Civil Code).
3. Conclusion of Contract, Storage of Contractual Terms, and Contract Language for Online Orders
If the contract is not concluded through individual communication (e.g., in person, via email, fax, mail, telephone, etc.) but via an online order, the following shall apply:
- (1) The contract is concluded as follows: Your order of the service constitutes a binding offer to conclude the respective contract. To place the order, you complete the order process on the website and provide the required information. Before submitting the order, you have the opportunity to review and correct all order data. By submitting the order, you make a binding offer to us to conclude a contract.
- We may accept your offer within five days by:
Sending an order confirmation by mail, fax, or email, or
Requesting payment
The time of receipt of our order confirmation or payment request shall determine whether the deadline is met.
(2) We store the contractual terms, i.e., the order/registration data and these GTC. You may print or save the contractual terms using your browser’s usual functions (typically “Print” or “File” > “Save As”). The order/registration data is shown in the final step of the order/registration process.
(3) The contract language is German.
4. Consumer Right of Withdrawal
(1) For transactions with consumers, we point out the following: A consumer right of withdrawal does not exist under Section 312g (2) No. 9 of the German Civil Code for contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, car rental, delivery of food and beverages, or other services related to leisure activities, if the contract provides for a specific date or period of performance. Accordingly, no right of withdrawal exists for our time-bound services.
5. Minimum Number of Participants Not Reached
(1) We may withdraw from the contract for the event and/or an individual session if the minimum number of participants is not reached, provided that the minimum number of participants and the latest possible cancellation date are stated in the offer.
(2) We must declare the withdrawal at the latest 14 days before the agreed start of the event.
(3) If it becomes apparent earlier that the minimum number of participants will not be reached, we shall promptly exercise the right of withdrawal.
(4) If the event is cancelled for this reason, you will receive a refund of any fees already paid, unless you opt to reschedule to an alternative date offered by us.
6. Cancellation and No-Show by the Customer
(1) In case of your cancellation or no-show, we are entitled to charge the difference between the agreed fee and the expenses saved or income obtained (or maliciously omitted) as a result of the cancellation.
- (2) Instead of calculating the exact difference, we may charge a flat-rate cancellation fee as follows:
- Cancellation 21 days before the event: 0% of the fee
Cancellation 8 days before the event: 50% of the fee
Later cancellation or no-show: 100% of the fee
If you can prove that the actual loss is lower, only the lower amount applies.
(3) In case of a justified termination for good cause, the above provisions do not apply, and the statutory provisions shall prevail.
7. Materials Provided During Events
(1) Visual aids, drawings, concepts, and other documents and/or materials in physical or digital form (hereinafter referred to as “materials”) provided temporarily or permanently to the Customer in connection with our events may be used by the Customer only for their intended purpose. Use for commercial seminars, coaching sessions, workshops, training courses, or other services in competition with our own offerings is not permitted.
(2) Reproduction, distribution, public access, or other public use of the materials is not permitted without our written consent, except as permitted by copyright law.
(3) We retain ownership of physical materials provided in connection with our services until full payment has been received.
8. Customer’s Duties of Cooperation and Indemnification
(1) The Customer is obliged to perform all necessary acts of cooperation, in particular to provide materials, content, and/or templates for consideration in an appropriate format and quality without delay, as well as to provide all other information, documents, and data required for the service promptly upon request.
(2) Materials and content provided by the Customer must not infringe third-party intellectual property rights, such as name rights, trademark rights (e.g., designs or brands), or copyrights. The Customer assures us that they have the necessary rights to use the provided materials and content, and that no third-party rights conflict with this use.
9. Materials Provided During Events
(1) Visual aids, drawings, concepts, and other documents and/or materials in physical or digital form (hereinafter referred to as “materials”) provided temporarily or permanently to the Customer in connection with our events may be used by the Customer only for their intended purpose. Use for commercial seminars, coaching sessions, workshops, training courses, or other services in competition with our own offerings is not permitted.
(2) Reproduction, distribution, public access, or other public use of the materials is not permitted without our written consent, except as permitted by copyright law.
(3) We retain ownership of physical materials provided in connection with our services until full payment has been received.
10. Customer’s Duties of Cooperation and Indemnification
(1) The Customer is obliged to perform all necessary acts of cooperation, in particular to provide materials, content, and/or templates for consideration in an appropriate format and quality without delay, as well as to provide all other information, documents, and data required for the performance of the service promptly upon request.
(2) Materials and content provided by the Customer must not infringe industrial property rights or intellectual property rights of third parties, such as name rights, trademark rights (e.g., brands or designs), or copyrights. The Customer assures us that they hold all rights necessary for the performance of the agreed services with respect to the materials and content provided by them, and that no third-party rights stand in the way of such use.
11. Other Duties and Obligations of the Customer
(1) The Customer shall ensure that the technical requirements necessary to participate in online sessions (such as internet access, software, compatible devices) are met and functioning. We are not liable for any disruptions caused by the Customer’s technical setup.
(2) The Customer undertakes to treat the other participants in group events with respect and to contribute to a constructive and safe learning environment. We reserve the right to exclude participants from an event in the event of repeated or serious violations of these principles, without reimbursement of the fee.
(3) The Customer is obligated to maintain the confidentiality of all information of a personal or business nature that becomes known during events and relates to other participants or us, unless such information is already publicly known.
(4) The Customer may not make audio, video, or screen recordings of the events without our express prior consent in written form.
12. Limitation of Liability
(1) We shall be liable for damages in cases of intent and gross negligence, including that of our vicarious agents, in accordance with the statutory provisions. The same applies to damages resulting from negligent injury to life, body, or health.
(2) For property and financial damage caused by slight negligence, we shall only be liable for the breach of an essential contractual obligation. In this case, our liability is limited to the foreseeable, contract-typical damage at the time of contract conclusion. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on the compliance with which the contracting party regularly relies.
(3) In all other respects, our liability, regardless of the legal grounds, is excluded.
(4) The exclusions and limitations of liability under paragraphs (1) to (3) shall apply mutatis mutandis in favor of our vicarious agents.
(5) Liability arising from the assumption of a guarantee or under the Product Liability Act shall remain unaffected by the above exclusions and limitations of liability.
13. Governing Law and Jurisdiction
(1) Austrian law shall apply exclusively. For consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the state in which they have their habitual residence.
(2) For disputes not arising from consumer contracts, the place of jurisdiction shall be our registered office. However, we shall also be entitled to bring an action at the Customer’s place of residence.
C. Provision of videos
1. Scope of Application
(1) These General Terms and Conditions apply to the provision of videos by Marlen Mansfeld, Engerthstraße 108/31, 1200 Vienna, Austria (hereinafter referred to as “we” or “us”) to the customer (hereinafter referred to as “Customer” or “you”).
(2) Deviating and/or additional terms and conditions of the Customer shall not become part of the contract.
2. Conclusion of Contract, Storage of Contractual Terms, and Contract Language for Online Orders
If the contract is not concluded through individual communication (e.g., in person, via email, fax, mail, telephone, etc.) but via our online shop, the following shall apply:
- (1) The contract is concluded as follows: Your order of the service constitutes a binding offer to conclude the respective contract. To place the order, you complete the order process on the website and provide the required information. Before submitting the order, you have the opportunity to review and correct all order data. By submitting the order, you make a binding offer to us to conclude a contract.
- We may accept your offer within five days by:
Sending an order confirmation by mail, fax, or email, or
Requesting payment
The time of receipt of our order confirmation or payment request shall determine whether the deadline is met.
(2) We store the contractual terms, i.e., the order/registration data and these GTC. You may print or save the contractual terms using your browser’s usual functions (typically “Print” or “File” > “Save As”). The order/registration data is shown in the final step of the order/registration process.
(3) The contract language is German.
3. Customer Account (for Online Orders)
If we provide a customer account, you are required to keep your login data, such as your password, confidential and notify us immediately in case of loss or unauthorized use.
4. Payment
If advance payment has been agreed upon, payment is due immediately upon conclusion of the contract.
5. Consumer Right of Withdrawal
- The right of withdrawal expires pursuant to Section 356(5) of the German Civil Code in the case of a contract for the delivery of digital content not contained on a tangible medium if:
- the entrepreneur has begun the execution of the contract after the consumer has expressly agreed to the entrepreneur beginning performance before the expiry of the withdrawal period, and
the consumer has acknowledged that by giving consent, they lose their right of withdrawal upon commencement of contract performance.
6. Rights of Use
Our videos may only be used for their intended purpose. Except for reproductions for private and other personal use within the scope of statutory copyright limitations, they may not be reproduced, distributed, exhibited, made publicly accessible, or otherwise publicly displayed without our consent—even in part.
7. Protection Rights
Our videos are legally protected. Depending on the circumstances, they may be protected as cinematographic works, by neighboring rights, or by the copyrights and/or personality rights of the performers.
8. Warranty Claims
(1) For temporary grants of usage rights:
If the services we provide are defective such that their suitability for contractual use is not only insignificantly impaired, we are liable for material and legal defects in accordance with statutory provisions. For software defects already present upon delivery, we are only liable if we are responsible for these defects.
The Customer must notify us of any defects without delay.
(2) For permanent grants of usage rights:
For consumers:
The statutory warranty provisions apply.
For business customers:
If there is a defect, we shall first provide warranty by rectification or replacement, at our discretion. If the supplementary performance fails, the Customer may reduce payment or, in the case of significant defects, withdraw from the contract.
Claims for defects by business customers expire one year after delivery. This does not apply to damage claims by the Customer for injury to life, body, or health due to a defect we are responsible for or for gross negligence by us or our agents. These claims are subject to the statutory limitation period.
9. Liability Exclusions and Limitations
Our liability for damages is subject to the following:
(1) In cases of intent or gross negligence by us or our agents, we are liable in accordance with the law. The same applies to damages caused by negligence resulting in injury to life, body, or health.
(2) For property and financial damage caused by negligence, we are only liable for the breach of essential contractual obligations, limited to the foreseeable and typical damages at the time of contract conclusion. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and on which the contracting party regularly relies.
(3) Any further liability is excluded, regardless of the legal basis.
(4) The above exclusions and limitations of liability also apply in favor of our agents.
(5) Liability for guarantees or under the Product Liability Act remains unaffected.
10. Governing Law, Jurisdiction
(1) Austrian law exclusively applies. For consumers, this choice of law applies only to the extent that no mandatory provisions of the law of the country in which the consumer has their habitual residence are restricted.
(2) For disputes not arising from consumer contracts, the place of jurisdiction shall be our registered office. However, we may also bring an action at the Customer’s place of residence.
