Photographer Terms of service/General terms and conditions
THIS ESTIMATE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
these GTC are intended to strike a fair balance between the interest of the photographer and those of the client
Use of the photographic work
1.
Unless otherwise agreed, the client will receive the image selection as web optimized files (long edge 2500px, 72 dpi).
2.
The Client may use the Photographic Work for the purpose agreed upon with the photographer and for the agreed period. In the event of any usage in breach of the agreement, The Client shall be obliged to pay compensation to The Photographer in the amount of 100% of the remuneration owed in that regard in accordance with the tariff scale of the VG Bildkunst at the time the contract was concluded.
3.
The Client shall state the name of The Photographer in a suitable form when using the work in the manner agreed upon with The Photographer. If nothing has been agreed the Photographic Work shall include The Photographer’s full name. Where possible it shall link to The Photographers website (julialeegoodwin.com) and / or Instagram (@julialeegoodwin). The Photographer shall be mentioned in the caption and tagged in the image on Instagram posts and stories. The Photographer is not obliged to post the photographic work nor to re-share the tagged posts and stories in her social channels. In the event that the note is not included, in addition to the fee agreed upon, The Client shall owe compensation in the amount of 25% of the fee/daily rate that would have been paid for the unlawful use of the photographic work in accordance with the tariff scale of applicable at the time the contract was concluded.
4.
If expressly so agreed in an individual case that the client shall obtain copyright over the photographic work, the photographer shall retain the right to use the photographic work for her own purposes, including in particular on her website, in portfolios, at art exhibitions etc.
Performance of the photographic work
1.
unless agreed otherwise in writing, the Client shall be responsible for ensuring that the locations, objects and persons necessary for the photographic work are made available in due time if not agreed on otherwise with the photographer.
2.
If the client has indicated to the photographer that she must photograph (particular) persons when performing the photographic work, the client must ensure that these persons have granted their consent to be photographed.
3.
if the client has provided the photographer with objects and/or equipment or indicated specific locations to him that are to be photographed as part of the photographic work the client shall ensure that n o third party rights preclude the creation of the photographic work or it’s subsequent usage in line with the contractual purpose.
4.
In the event that the obligations set forth in the two previous sub-clausesare breached, the client undertakes to reimburse the photographer for any payment (e.g. damages) that the latter may be obliged to make to the entitled party and to compensate her for all costs arising in relation to the rectification of the situation (e.g. costs relating to settlement proceedings or litigation).
5.
In the event that the Client postpones until a later date a shoot session less than two working days prior to the appointment or fails to comply with their obligations, the Photographer shall be entitled to the reimbursement of any costs thereby incurred (including third party costs). She shall in addition be entitled to compensation, and shall amount to 50% of the daily rate that would have been owed in accordance with the agreed daily rate for holding the photoshoot that was cancelled.
6.
If the photographer/creative director is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; The client agrees to indemnify and hold harmless the photographer for any liability, damage, or loss related to technological failure, including data loss. The client agrees to hold the photographer harmless for any personal injury which may occur as the client works with the photographer.
7.
The invoice will be sent to the client alongside the finalized images. The invoice is to be paid within 30 days days of receiving the final images. After the 30 day mark the client can be subject to a weekly fee.
8.
Images can be selected in the image gallery for the right of use. Additional images can be added at this time.
9.
Overtime (over 10 hours on set) to be compensated:
€60/ First Two Hours
€80/ Additional Hours
10.
purchase of additional or extended rights of use, for example advertisements or posters is based on the market average prices (mfm) https://bvpa.org/shop/?v=df404b8bca6a.
Digital Operator Terms of service/General terms and conditions
§ 1 Scope of these terms and conditions
1.
These General Terms and Conditions (GTC) apply in addition to the contract concluded between Julia Lee Goodwin and the customer, as far as the contract does not contain any regulations deviating from the GTC.
2.
Julia Lee Goodwin renders all contractual services under the following terms and conditions. Terms and conditions of the customer that are contrary to or deviate from these terms and conditions are only recognized in case of doubt by a written declaration of Julia Lee Goodwin.
§ 2 Offer, conclusion of the contract, extensions of the scope of services calculated in the offer, subsequent changes of the contract
1.
Julia Lee Goodwin prepares an offer for the customer before conclusion of the contract, which corresponds to the project requirements communicated by the customer and the effort estimated in advance. The contract is bindingly concluded between the parties as soon as the customer accepts the offer of Julia Lee Goodwin.
2.
The offer is binding for Julia Lee Goodwin with regard to the basic price information for the service units shown therein. The scope of the service units includes the minimum scope, which can be extended in the course of the execution of the contract as described in the following paragraph.
3.
If the scope of services estimated in the offer is subsequently extended due to circumstances that are not the responsibility of
Julia Lee Goodwin, but are to be attributed to the risk sphere of the customer, e.g. weather-related cancellation days for the photo shooting, execution of additional shooting days, scope of digital processing exceeding the usual extent, Julia Lee Goodwin is entitled to charge the additional services used by the customer, respectively the additional provision of equipment and labor. the additional provision of equipment and manpower as well as the additional costs incurred (e.g. accommodation costs) in accordance with the prices stated in the offer, without the need for a separate express agreement on this. If the scope of services originally included in the offer is substantially extended, the provisions of the following paragraph shall apply accordingly to amendments to the contract.
4.
If the customer wishes a subsequent change of the contractually agreed services, e.g. a postponement of the agreed date of performance, a change of the place of performance, the use of further or other equipment, Julia Lee Goodwin will check whether the change requests of the customer can be realized within the operational possibilities of Julia Lee Goodwin. If this is the case, Julia Lee Goodwin will submit an offer to the customer in which the resulting additional expenses and the expected performance periods are included. Both the submission of the offer and the declaration of acceptance by the customer can be made verbally or implied.
If the customer does not accept the offer to change the contract or if he does not confirm the agreed service change in text form after request by Julia Lee Goodwin, the originally agreed scope of services remains.
§ 3 Project cancellations by the customer after conclusion of the contractProject cancellations by the customer after conclusion of the contract
1.
If the client informs Julia Lee Goodwin after the conclusion of the contract that he will not use the contractually agreed services, for example because the photo shooting based on the contract does not take place, or due to other reasons that do not legally entitle the client to withdraw, Julia Lee Goodwin will be released from its contractual service pflichten.
2.
Unless the parties have made an individual agreement to the contrary, Julia Lee Goodwin is entitled in this case to settle the contractually agreed remuneration in full less only such costs that have not yet been incurred at the time of the project cancellation. In the case of remuneration for studio and location services (equipment and use of a digital operator, if applicable digital assistants / lighting assistants in accordance with the respective contractual agreements), all income that Julia Lee Goodwin has generated in the agreed performance period for other utilization of the equipment and other use of the labor of the digital operator (digital assistant / lighting assistant) will be deducted. In the case of remuneration for post-production services, that shall be deducted which Julia Lee Goodwin saves in expenses as a result of the discontinuation of the service pflichten or acquires or maliciously refrains from acquiring through other use of the labor of the postpro operator, whereby it shall be entitled to five percent of the agreed remuneration in case of doubt.
§ 4 Content of the contract, scope of services
The concrete content of the contract and the scope of the services to be provided by Julia Lee Goodwin (technical equipment and use of Digital Operator, Postpro Operator, Digital and Light Assistant) shall be determined by the offer accepted by the customer and the price list on which this offer is based. Regardless of the selection of the technical equipment required by the customer, the following shall apply to the further services of Julia Lee Goodwin:
4.1 Digital Operator
Julia Lee Goodwin provides the customer with a digital operator as an on-site contact person who supervises all digital processes during the shooting and supports the project team in the use of the workstation and camera. In this context, the digital operator provides advice to the client and the project team on the implementation of production-relevant parameters, controls the technical processes and ensures immediate visualization of the shots to facilitate image selection and editing. The digital operator's services cover a ten-hour workday. If the customer's project requires working hours beyond this, the additional working hours performed per day shall be remunerated in accordance with section 4.8 and the hourly rates of Julia Lee Goodwin stated in the offer.
4.2 Postpro Operator
If required, Julia Lee Goodwin provides the client with a postpro operator for the support of postproduction services. This operator can be used on location during the shooting or can be booked independently of the shooting. The remuneration can be per day or per motif, the details will be regulated in the offer depending on the project.
4.3 Digital Assistant
If required, Julia Lee Goodwin will provide the client with a Digital Assistant to support the Digital Operator. This can only be booked together with a Digital Operator from Julia Lee Goodwin.
4.4 Light Assistant
If required, Julia Lee Goodwin provides the customer with a light assistant to support the photographer. This person takes over all usual tasks as an assistant of the photographer. He can only be booked together with a Digital Operator from Julia Lee Goodwin.
4.5 Studio Workstation / Location Workstation
The service component Studio / Location Workstation includes the use of a system solution for the digital acquisition and organization of camera data as well as their further processing for the visualization of the images by the Digital Operator. The Studio Workstation is suitable for use within a photo studio. The Location Workstation is suitable for mobile use outside a photo studio. The exact components of the Workstation used for the customer result from the contractual agreements of the parties, in case of doubt from the offer of Julia Lee Goodwin. The Studio Workstation and the Location Workstation cannot be booked individually, but only together with a Digital Operator provided by Julia Lee Goodwin. Conversely, the Digital Operators used by Julia Lee Goodwin work exclusively with the workstations provided by Julia Lee Goodwin and not with equipment of the customer or third parties.
4.6 Selection Kit
The service component Selection Kit includes the use of a system solution that supports the customer and the project team in the selection of the images created in the photo shoot using the kit specified in the offer. This component is also not bookable individually but only in combination with the use of a digital operator provided by Julia Lee Goodwin.
4.7 Data Management
Data management further includes RAW development services, where Julia Lee Goodwin, upon request of the customer, converts the RAW files designated by the customer into a common storage format desired by the customer and makes them available to the customer via server access. The performance pflichten of Julia Lee Goodwin are here limited to a reasonable and usual volume of image files.
After the expiration of the 30-day storage period for the backup of the image files, Julia Lee Goodwin will delete the files stored with it.
4.8 Further service items
a. Preparation day
Preparation days are those days where the actual shooting is prepared. The booked equipment will be set up and is available for testing the light, sequence, styling, etc. In general, a preparation day is characterized by the fact that the images created are not used commercially. Prices for preparation days vary depending on the requirements and time frame and are specified individually in the offer.
b. Travel days
Travel days are those days on which the equipment used and the digital operator are transported from the headquarters of Julia Lee Goodwin to the place of performance and back. The contractually agreed remuneration for travel days includes the provision of the equipment and the manpower of the Digital Operator for the duration of the arrival and departure.
c. Option days
Option days are days on which no photo shoots take place within the contractual service period for project-related reasons or due to weather conditions or other circumstances and on which the digital operator does not work for the customer. The contractually agreed remuneration for option days includes the provision of the Digital Operator's equipment and labor.
4.9 Costs
Depending on the circumstances of the project on which the contract is based, further costs may arise, which Julia Lee Goodwin will charge to the customer in accordance with the contractually agreed flat rates. If the parties have not agreed on flat rates, Julia Lee Goodwin is entitled to pass on to the customer the costs actually incurred by it against presentation of receipts, insofar as the costs are necessary for the performance of the contractually agreed services and are customary in the industry and reasonable in amount.
The following services are covered by the cost lump sums in each case:
. Transport costs flat rate
The lump sum for transport costs includes the costs for the journey of the Digital Operator including the equipment to the contractually agreed place of performance and the return journey to the registered office of Julia Lee Goodwin. Not included in the transportation lump sum are travel costs for mobility on location (e.g. cab rides between hotel and location).
b. Carnet flat rate
The Carnet flat rate covers the application for the customs document Carnet ATA and its return, including the customs fees and insurance charges incurred. The contractual agreement of the Carnet flat rate does not include a guarantee promise of Julia Lee Goodwin for the issuance of the customs document, to which the applicant has no legal claim. If the issuance of the ATA Carnet is refused by the customs authority, the lump-sum Carnet fee is reduced by the saved customs duties and insurance fees.
Not covered by the flat rates are overtime and surcharges for night time services. In this respect, the following shall apply:
c. Overtime
Services of the Digital Operator, Postpro Operator, Digital Assistant and Light Assistant, which exceed the scope of a ten-hour working day, are to be remunerated with a surcharge per hour according to the offer of Julia Lee Goodwin.
d. Night surcharges
If the customer uses the services of the digital operator in the time between 22.00 o'clock and 06.00 o'clock, Julia Lee Goodwin is entitled to charge the customer a night surcharge in the amount of 100% of the hourly rate agreed upon according to the offer of Julia Lee Goodwin per hour worked.
§ 5 Content of the contract Postproduction
1.
If the customer has commissioned Julia Lee Goodwin with the performance of post-production services, Julia Lee Goodwin will perform the contractually agreed retouching, color corrections and image optimizations on the digital photografies submitted by the customer. Unless specific specifications for the image processing have been agreed, Julia Lee Goodwin will carry out such processing at its own pflichtgemäße discretion, taking into account the accepted rules of the trade and the intended uses of the customer known to it.
2.
The Client shall provide the images to be processed in a common format, as far as possible in RAW format.
3.
Julia Lee Goodwin is not obliged to store and archive the original images and the images processed by it beyond the end of the contract, unless the parties have agreed otherwise in text form. It is incumbent upon the customer to secure the images transmitted by it and the processed images on its premises.
§ 6 Remuneration and terms of payment
1.
Julia Lee Goodwin will invoice the contractually agreed services after their execution, respectively after their acceptance by the customer, as well as the costs to be borne by the customer in an auditable form. The remuneration is due in full upon receipt of the invoice. The customer is in default 14 days after the due date without a separate reminder by Julia Lee Goodwin, as far as the invoice is not balanced at that time.
2.
Julia Lee Goodwin is entitled to invoice partial payments for self-contained service sections.
3.
The customer is not entitled to set-off with counterclaims, unless the counterclaim is not disputed by Julia Lee Goodwin.
Julia Lee Goodwin or is legally established.
§ 7 Warranty for defects
1.
In case of a defect, the customer is only entitled to rescind the contract, to reduce the remuneration, to a refundable self-performance and to claim damages instead of the performance, if the subsequent performance by Julia Lee Goodwin has failed. Julia Lee Goodwin has the right to choose whether the subsequent performance is carried out by repair or replacement. The legal cases of dispensability of setting a deadline remain unaffected in all
other respects.
2.
The same shall apply to damages in lieu of performance, whereby the statutory cases of dispensability of setting a deadline shall remain unaffected in all other respects.
3. in the event of the existence of defects, the customer shall only be entitled to withhold payment to the extent that the amount withheld is in reasonable proportion to the defects and the anticipated costs of subsequent performance.
4.
The customer shall not be entitled to assert claims for defects as long as he has not made due payments and the amount due is in reasonable proportion to the value of the delivered service result with defects.
5.
The limitation period for claims due to defects is one year. Excluded from this are claims for damages and claims due to fraudulent concealment of a defect.
§ 8 Delay in performance, impediments to performance due to force majeure
1.
If Julia Lee Goodwin is in delay with its contractual services, the customer is only entitled to withdraw from the contract if Julia Lee Goodwin is responsible for the delay. In this case the customer has to declare within a reasonable period of time after request by Julia Lee Goodwin whether he withdraws from the contract or whether he insists on a catch-up of the service.
2.
If the service was to be provided on a date or within a period specified in the contract and if the customer has tied the continuation of his interest in the service to the timeliness of the service (fixed date transaction), both parties shall be released from their contractual obligations to perform or pay from the time of the delay. If Julia Lee Goodwin is responsible for the delay, the customer is entitled to the legal claims for breach of contract without limitation. If, on the other hand, Julia Lee Goodwin is not responsible for the delay, it shall be entitled to invoice its services rendered up to the time of the delay and the costs it has already incurred to the customer.
3.
The aforementioned provision of § 8 para. 2 shall also apply if the impossibility of the execution of the contract is due to a cause not attributable to
Julia Lee Goodwin is not responsible, provided that Julia Lee Goodwin was not aware of the impediment to performance at the time of conclusion of the contract and is not responsible for its ignorance.
4.
Julia Lee Goodwin has to inform the customer in any case immediately about the kind and the expected duration of an existing performance-delaying or performance-obstructing event.
§ 9 Liability
1.
Julia Lee Goodwin is liable in cases of intent or gross negligence according to the legal regulations. The liability for guarantees is independent of fault. For slight negligence Julia Lee Goodwin is liable exclusively according to the provisions of the Product Liability Act, for injury to life, body or health, for breach of essential contractual obligations and for fraudulent concealment of a defect. However, the claim for damages for the slightly negligent breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless there is liability for injury to life, body or health. Julia Lee Goodwin is liable for the fault of vicarious agents and representatives to the same extent.
2.
The provision of the above paragraph (1) extends to damages in addition to performance, damages in lieu of performance and claims for compensation for futile expenses, regardless of the legal basis, including liability for defects, delay or impossibility.
§ 10 Final Provisions
1.
German law shall apply exclusively to the exclusion of international private law.
2.
Amendments to these provisions must be made in writing. This shall also apply to the amendment of this written form requirement.
3.
The invalidity of any provision of these GTC shall not affect the validity of the remaining provisions.
4.
The place of jurisdiction is the registered office of Julia Lee Goodwin (Berlin) if the customer does not have a general place of jurisdiction in the Federal Republic of Germany or moves his place of residence or habitual abode out of the Federal Republic of Germany after conclusion of the contract or his habitual abode is not known at the time the action is filed.
Email
julialeegoodwin@gmail.com
julialeegoodwin@gmail.com
Instagram
@julialeegoodwin
@julialeegoodwin