Terms and Conditions
Content
A. Photo and Video Shoots
1. Scope of Application
(1) These General Terms and Conditions shall apply to the provision of photography and videography services (creation of photographic and video recordings, image editing) by Marlen Mansfeld, Ausstellungsstraße 27/8, 1020 Vienna, Austria (hereinafter referred to as the “Photographer”, “we”, “us” or “our”) to the customer (hereinafter referred to as the “Customer”, “Purchaser”, “you” or “your”).
(2) Any deviating terms and conditions of the Customer and/or terms exceeding these General Terms and Conditions shall not become part of the contract.
2. Distinction Between Entrepreneurs and Consumers
(1) Certain provisions of these Terms and Conditions do not apply to all customers, but only to consumers or only to entrepreneurs. Wherever this is the case, it is expressly indicated in the relevant provision.
(2) A “Consumer” within the meaning of these Terms and Conditions shall be any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity, as defined by applicable law.
(3) An “Entrepreneur” within the meaning of these Terms and Conditions shall be any natural person, legal entity or partnership with legal capacity that enters into a business relationship with us in the exercise of its commercial or independent professional activity, as defined by applicable law.
3. Conclusion of Contract, Storage of Contract Terms and Contract Language for Online Orders
If the contract is concluded not through individual communication, such as personal attendance, e-mail, fax, post, telephone or similar means, but through an online order, the following shall apply:
(1) The contract shall be concluded as follows: Your order of the service constitutes a binding offer to conclude a corresponding contract. To place an order, you must complete the ordering process on the website and enter the requested information. Before submitting the order, you have the opportunity to review all order details and correct any errors if necessary. 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 post, fax or e-mail; or
- requesting payment.
Compliance with the deadline shall be determined by the time at which our order confirmation or payment request is received by you.
(2) We store the contractual provisions, including the order data / registration data and these Terms and Conditions. You may print or save the contractual provisions using the standard functions of your browser (usually “Print” or “File” > “Save As”). The order/registration data are included in the overview displayed during the final step of the ordering or registration process.
(3) The contract language shall be German.
4. Consumer Right of Withdrawal
(1) For transactions with consumers, we draw attention to the following: Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), among other provisions, there is no right of withdrawal for contracts concerning services in the fields of accommodation for purposes other than residential use, transport of goods, motor vehicle rental, catering services, and other services related to leisure activities where the contract provides for a specific date or period of performance. Accordingly, where our services are provided on a date-specific basis, no right of withdrawal shall exist.
5. Commissioned Productions
To the extent that the Photographer provides cost estimates, such estimates shall be non-binding. If cost increases arise during production, the Photographer shall only be required to notify the Customer once it becomes apparent that the originally estimated total costs are likely to be exceeded by more than 15%.
If the anticipated production time is exceeded for reasons beyond the Photographer’s control, additional remuneration shall be payable on the basis of the agreed hourly rate or, alternatively, by way of a reasonable increase of the agreed flat-rate fee.
Unless otherwise agreed, the Photographer shall select the recordings submitted to the Customer for approval upon completion of the production.
6. Original Files
Raw files shall not be handed over to the Customer and shall remain in our possession. We retain such files for a period of two years for possible post-processing work or follow-up assignments.
7. Rights of Use
(1) Unless otherwise agreed, the Customer shall receive a non-exclusive right of use to the delivered image material for its intended purpose. This generally includes private use or, where commissioned by a business, use for presentation purposes of the Customer’s own business.
Commercial use, such as reproduction or making the material available to third parties for sale, is generally excluded unless expressly agreed otherwise.
(2) Subject to statutory exceptions, edits or other modifications of a work may only be published with our prior consent.
Accordingly, publication of photographs and/or videos on the Customer’s website or social media profiles is generally permitted only in their unaltered form, i.e. without cropping or editing through filters.
8. Copyright Notice
(1) Any use of the photograph and/or video must include a reference to our authorship using the designation specified by us, or such designation must remain visible on the photograph or within the video.
9. Cooperation Obligations, Indemnification
(1) The Customer shall be responsible for carrying out all necessary acts of cooperation, including, for example, obtaining any required permissions for locations where photographs are to be taken. The same applies to obtaining the consent of persons who are to be depicted in the image material.
(2) Any props requested by the Customer shall be commissioned or procured by the Customer at their own expense.
(3) The Customer shall bear sole responsibility for any persons, animals, props, premises or objects whose inclusion is requested by the Customer.
We shall have no duty to review or inspect such content and, in particular, shall not be obligated to verify whether any rights of third parties are infringed.
The Customer shall be solely responsible for ensuring that the materials and content provided by them do not violate any laws or third-party rights.
Should any third party assert claims against us due to alleged legal infringements, the Customer shall indemnify and hold us harmless against all liability and shall reimburse all expenses and damages incurred by us as a result, including reasonable legal defense costs.
10. Terms of Payment
(1) Payment shall be due within 10 days of the invoice date.
11. Cancellation of Assignments by the Customer and Failure to Attend
(1) Cancellation of a booked photo or video shoot (hereinafter referred to as the “Shoot”) shall be permitted until completion of the event where there is a valid reason for such cancellation.
(2) In the event of cancellation, we shall be entitled to charge the Customer the difference between the agreed remuneration and the amount saved as a result of the cancellation or earned, or intentionally not earned, through alternative use of our services.
(3) Instead of calculating the actual difference referred to above, we may charge a lump-sum cancellation fee as follows:
Cancellation up to 21 days before the Shoot: 0% of the agreed fee
Cancellation up to 7 days before the Shoot: 50% of the agreed fee
Cancellation at a later date or failure to attend: 100% of the agreed fee
If the Customer proves that the actual difference referred to above is lower, the lower amount shall apply.
12. Use as Reference Material
Provided that no persons and/or interior spaces are depicted in a photograph created for a Customer, we shall be entitled to use such photograph for self-promotional purposes on the Internet, in particular on our website, on our own social media channels, in newsletters and similar media.
13. Retention of Title
The image material delivered by us shall remain our property until full payment has been received.
14. Defect Claims (Warranty)
The following shall apply to our liability for defects towards Entrepreneurs:
(1) Claims for material defects shall become time-barred one year after acceptance of the work.
Excluded from this limitation period are claims for damages relating to injury to life, body or health caused by a defect for which we are responsible, as well as claims arising from gross negligence on our part or on the part of our vicarious agents. In such cases, the statutory limitation period shall apply.
(2) In all other respects, the statutory warranty provisions shall apply.
15. Exclusions and Limitations of Liability
The following provisions shall apply to our liability for damages:
(1) In cases of intent or gross negligence, including that of our vicarious agents, we shall be liable in accordance with statutory provisions.
The same shall apply to damages resulting from injury to life, body or health caused by negligence.
(2) In the event of negligent damage to property or financial loss, we shall only be liable in the event of a breach of a material contractual obligation, and only up to the amount of damages foreseeable at the time of conclusion of the contract and typical for this type of contract.
Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely.
(3) Any further liability on our part, irrespective of its legal basis, shall be excluded.
(4) The exclusions and limitations of liability set out in paragraphs (1) to (3) shall apply accordingly in favor of our vicarious agents.
(5) Liability arising from an expressly assumed guarantee or under applicable product liability legislation shall remain unaffected by the exclusions and limitations of liability set out in paragraphs (1) to (4).
16. Applicable Law and Jurisdiction
(1) Austrian law shall apply exclusively.
In relation to Consumers, this choice of law shall apply only to the extent that it does not deprive the Consumer of mandatory legal protections afforded by the laws of the country in which the Consumer has their habitual residence.
(2) For disputes other than those arising from consumer contracts, the registered office of our company shall be the agreed place of jurisdiction.
However, we shall also be entitled, at our discretion, to bring legal proceedings at the Customer’s place of business or residence.
B. Coaching ans Workshops
1. Scope of Application, Provider
(1) These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the legal relationship between Marlen Mansfeld, Ausstellungsstraße 27/8, 1020 Vienna, Austria (hereinafter referred to as “we”, “us” or “our”) and the Customer (hereinafter referred to as the “Customer”, “you” or “your”) in connection with the following services:
– Coaching and workshops in group and/or individual sessions (hereinafter referred to as “Event(s)”), conducted online and/or in person.
(2) Any deviating terms and conditions of the Customer and/or terms exceeding these Terms and Conditions shall not become part of the contract.
2. Distinction Between Entrepreneurs and Consumers
(1) Certain provisions of these Terms and Conditions do not apply to all customers, but only to consumers or only to entrepreneurs. Wherever this is the case, it is expressly indicated in the relevant provision.
(2) A “Consumer” within the meaning of these Terms and Conditions shall be any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity, as defined by applicable law.
(3) An “Entrepreneur” within the meaning of these Terms and Conditions shall be any natural person, legal entity or partnership with legal capacity that enters into a business relationship with us in the exercise of its commercial or independent professional activity, as defined by applicable law.
3. Conclusion of Contract, Storage of Contract Terms and Contract Language for Online Orders
If the contract is concluded not through individual communication, such as personal attendance, e-mail, fax, post, telephone or similar means, but through an online order, the following shall apply:
(1) The contract shall be concluded as follows: Your order of the service constitutes a binding offer to conclude a corresponding contract. To place an order, you must complete the ordering process on the website and enter the requested information. Before submitting the order, you have the opportunity to review all order details and correct any errors if necessary. 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 post, fax or e-mail; or
– requesting payment.
Compliance with the deadline shall be determined by the time at which our order confirmation or payment request is received by you.
(2) We store the contractual provisions, including the order data / registration data and these Terms and Conditions. You may print or save the contractual provisions using the standard functions of your browser (usually “Print” or “File” > “Save As”). The order/registration data are included in the overview displayed during the final step of the ordering or registration process.
(3) The contract language shall be German.
4. Consumer Right of Withdrawal
(1) For transactions with consumers, we draw attention to the following: Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), among other provisions, there is no right of withdrawal for contracts concerning services in the fields of accommodation for purposes other than residential use, transport of goods, motor vehicle rental, catering services, and other services related to leisure activities where the contract provides for a specific date or period of performance. Accordingly, where our services are provided on a date-specific basis, no right of withdrawal shall exist.
5. Failure to Reach the Minimum Number of Participants
(1) We may withdraw from the contract relating to the Event and/or any individual session if the minimum number of participants specified in the respective offer is not reached, provided that we have stated both the required minimum number of participants and the latest date by which notice of cancellation must be received by you before the contractually agreed start of the Event.
(2) Any such withdrawal must be declared to you no later than 14 days before the agreed start date of the training.
(3) If it becomes apparent at an earlier stage that the minimum number of participants will not be reached, we shall exercise our right of withdrawal without undue delay.
(4) If the Event is cancelled for this reason, all payments already made towards the agreed price shall be refunded immediately, unless you decide, where offered by us, to transfer your booking to another date.
6. Cancellation by the Customer and Failure to Attend
(1) In the event of cancellation or failure to attend, we shall be entitled to charge the Customer the difference between the agreed remuneration and the amount saved as a result of the non-performance of the service or earned, or intentionally not earned, through alternative use of our services.
(2) Instead of calculating the actual difference referred to above, we may charge a lump-sum cancellation fee as follows:
Cancellation up to 21 days before the Event: 0% of the agreed fee
Cancellation up to 7 days before the Event: 50% of the agreed fee
Cancellation at a later date or failure to attend: 100% of the agreed fee
If the Customer proves that the statutory compensation owed after taking the cancellation into account is lower, the lower amount shall apply.
(3) In the event of a justified termination for good cause, paragraphs (1) and (2) above shall not apply. In such cases, only the statutory provisions shall govern the legal consequences.
7. Event Materials
(1) Demonstration materials, drawings, concepts and other documents and/or materials in physical or digital form (hereinafter referred to as “Materials”) which we provide to the Customer temporarily or permanently in connection with our Events may be used by the Customer solely for their intended purpose.
Use of the Materials for commercial seminars, coaching sessions, workshops, training courses or any other educational or consulting services that compete with our own offerings is prohibited.
(2) Subject to statutory copyright exceptions, reproduction, distribution, public disclosure or any other public use of the Materials shall not be permitted without our prior consent in text form.
(3) Ownership of physical Materials provided permanently in connection with our services shall remain with us until full payment has been received.
8. Customer Cooperation Obligations and Indemnification
(1) The Customer shall be responsible for carrying out all necessary acts of cooperation, including providing materials, content and/or templates which the Customer wishes to be considered in a suitable format and quality without undue delay, and for supplying any other information, documents and data required for the performance of the service upon request.
(2) Materials and content provided by the Customer must not infringe any intellectual property rights, industrial property rights or other rights of third parties, including but not limited to name rights, trademark rights, design rights or copyrights.
The Customer warrants that they are entitled to use and dispose of the materials and content provided for the purposes of the contractual services and that no third-party rights prevent such use.
9. Further Obligations and Duties of the Customer
(1) …………………
10. Limitation of Liability
The following provisions shall apply to our liability for damages:
(1) In cases of intent or gross negligence, including that of our vicarious agents, we shall be liable in accordance with statutory provisions.
The same shall apply to damages resulting from injury to life, body or health caused by negligence.
(2) In the event of negligent damage to property or financial loss, we shall only be liable in the event of a breach of a material contractual obligation, and only up to the amount of damages foreseeable at the time of conclusion of the contract and typical for this type of contract.
Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely.
(3) Any further liability on our part, irrespective of its legal basis, shall be excluded.
(4) The exclusions and limitations of liability set out in paragraphs (1) to (3) shall apply accordingly in favor of our vicarious agents.
(5) Liability arising from an expressly assumed guarantee or under applicable product liability legislation shall remain unaffected by the exclusions and limitations of liability set out in paragraphs (1) to (4).
11. Applicable Law and Jurisdiction
(1) Austrian law shall apply exclusively.
In relation to Consumers, this choice of law shall apply only to the extent that it does not deprive the Consumer of mandatory legal protections afforded by the laws of the country in which the Consumer has their habitual residence.
(2) For disputes other than those arising from consumer contracts, the registered office of our company shall be the agreed place of jurisdiction.
However, we shall also be entitled, at our discretion, to bring legal proceedings at the Customer’s place of business or residence.
C. Provision of Videos
1. Scope of Application
(1) These General Terms and Conditions shall apply to the provision of videos by Marlen Mansfeld, Ausstellungsstraße 27/8, 1020 Vienna, Austria (hereinafter referred to as “we”, “us” or “our”) to the Customer (hereinafter referred to as the “Customer”, “you” or “your”).
(2) Any deviating terms and conditions of the Customer and/or terms exceeding these General Terms and Conditions shall not become part of the contract.
2. Conclusion of Contract, Storage of Contract Terms and Contract Language for Online Orders
If the contract is concluded not through individual communication, such as personal attendance, e-mail, fax, post, telephone or similar means, but through our online shop, the following shall apply:
(1) The contract shall be concluded as follows: Your order of the service constitutes a binding offer to conclude a corresponding contract. To place an order, you must complete the ordering process on the website and enter the requested information. Before submitting the order, you have the opportunity to review all order details and correct any errors if necessary. 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 post, fax or e-mail; or
– requesting payment.
Compliance with the deadline shall be determined by the time at which our order confirmation or payment request is received by you.
(2) We store the contractual provisions, including the order data / registration data and these Terms and Conditions. You may print or save the contractual provisions using the standard functions of your browser (usually “Print” or “File” > “Save As”). The order/registration data are included in the overview displayed during the final step of the ordering or registration process.
(3) The contract language shall be German.
3. Customer Account (for Online Orders)
Where we provide a customer account, you are required to keep your access credentials, such as your password, confidential and to notify us immediately in the event of loss or unauthorized use of your access credentials.
4. Payment
Where advance payment has been agreed, payment shall be due immediately upon conclusion of the contract.
5. Consumer Right of Withdrawal
The right of withdrawal shall expire pursuant to Section 356 (5) of the German Civil Code (BGB) in the case of contracts for the supply of digital content not provided on a tangible medium if the entrepreneur has begun performance of the contract after the consumer has:
– expressly consented to the entrepreneur beginning performance of the contract before the expiry of the withdrawal period; and
– acknowledged that, by giving such 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.
Subject to reproductions for private and other personal use permitted under applicable copyright exceptions, the videos may not be reproduced, in whole or in part, without our prior consent.
They may not be distributed, screened, made publicly available or otherwise communicated to the public.
7. Intellectual Property Rights
Our videos are legally protected.
Depending on the circumstances of the individual case, such protection may include rights in cinematographic works, related rights in moving images, as well as copyrights and/or personality rights of the performers involved.
8. Defect Claims (Warranty)
(1) In the case of temporary granting of usage rights, the following shall apply:
If the services provided by us are defective because their suitability for contractual use is impaired to a more than insignificant extent, we shall be liable for defects in title and defects in quality in accordance with statutory provisions.
We shall only be liable for defects in software that already existed at the time it was made available to the Customer if we are responsible for such defects.
The Customer shall notify us of any defects without undue delay.
(2) In the case of permanent granting of usage rights, the following shall apply:
For Consumers:
The statutory warranty provisions shall apply.
For Entrepreneurs:
Where a defect exists, we shall initially provide subsequent performance at our discretion, either by remedying the defect or by providing a replacement.
If subsequent performance fails, the Customer shall be entitled to reduce the purchase price or, in the case of material defects, withdraw from the contract.
Claims for defects shall become time-barred one year after delivery of the purchased item to the Customer.
Excluded from this limitation period are claims for damages relating to injury to life, body or health caused by a defect for which we are responsible, as well as claims arising from gross negligence on our part or on the part of our vicarious agents. In such cases, the statutory limitation period shall apply.
9. Exclusions and Limitations of Liability
The following provisions shall apply to our liability for damages:
(1) In cases of intent or gross negligence, including that of our vicarious agents, we shall be liable in accordance with statutory provisions.
The same shall apply to damages resulting from injury to life, body or health caused by negligence.
(2) In the event of negligent damage to property or financial loss, we shall only be liable in the event of a breach of a material contractual obligation, and only up to the amount of damages foreseeable at the time of conclusion of the contract and typical for this type of contract.
Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely.
(3) Any further liability on our part, irrespective of its legal basis, shall be excluded.
(4) The exclusions and limitations of liability set out in paragraphs (1) to (3) shall apply accordingly in favor of our vicarious agents.
(5) Liability arising from an expressly assumed guarantee or under applicable product liability legislation shall remain unaffected by the exclusions and limitations of liability set out in paragraphs (1) to (4).
10. Applicable Law and Jurisdiction
(1) Austrian law shall apply exclusively.
In relation to Consumers, this choice of law shall apply only to the extent that it does not deprive the Consumer of mandatory legal protections afforded by the laws of the country in which the Consumer has their habitual residence.
(2) For disputes other than those arising from consumer contracts, the registered office of our company shall be the agreed place of jurisdiction.
However, we shall also be entitled, at our discretion, to bring legal proceedings at the Customer’s place of business or residence.
