Legal Notice.

General Terms and Conditions (T&Cs)

Status: 2026

§ 1 Scope of Application
These General Terms and Conditions apply to all deliveries, services, and offers from Paul Paulsen Photodesign (hereinafter “Photographer”), even without a renewed express agreement. They also apply to all future orders, offers, and services within the framework of the ongoing business relationship. Deviating terms and conditions of the client are not recognized, even if the Photographer does not expressly object to them.

§ 2 Production Orders
Cost estimates provided by the Photographer are non-binding. If the original total costs are expected to be exceeded by more than 15%, the client will be informed in a timely manner. The client shall only provide the Photographer with objects and templates that they are entitled to use and that are free of third-party rights. The client indemnifies the Photographer against claims for compensation from third parties resulting from a breach of this duty. Insofar as the services of third parties are used in the execution of the order, the Photographer is authorized to enter into corresponding obligations in the name and for the account of the client.

§ 3 Fees, Deposit, and Payment Terms
For the creation of photographs and videos, including retouching/image editing, fees will be calculated as an hourly rate, daily rate, or agreed-upon flat fee. Ancillary costs such as travel expenses, per diems, model fees, props, styling, and location rentals are to be borne separately by the client. All prices are exclusive of statutory VAT.

Deposit: For larger orders or by individual agreement, the Photographer may request a deposit of up to 50% of the agreed fee upon placement of the order. The amount of the deposit will be shown separately in the offer or order confirmation. If no deposit is agreed upon, the total amount is due upon completion of the order.

Payment Terms: The fee is due within 14 working days after invoicing without deduction, unless a different payment term is specified in the invoice. Individual payment terms can be agreed upon in writing depending on the order and customer relationship.

Default of Payment: If the client is in default of payment, the Photographer is entitled to claim default interest at a rate of 9 percentage points above the respective base interest rate in accordance with § 288 Para. 2 BGB (for transactions between Entrepreneurs). In addition, the Photographer may charge a flat-rate default fee of 40 euros in accordance with § 288 Para. 5 BGB. Furthermore, the client shall bear any dunning costs and legal enforcement costs incurred. The client only acquires the usage rights to be transferred upon full payment of the fee.

§ 4 Cancellation
If an order is cancelled by the client, the following costs apply:
– Up to 14 days before the appointment: 25% of the agreed fee
– 13 to 3 days before the appointment: 50% of the agreed fee
– From 48 hours before the appointment or in case of no-show: 100% of the fee plus any ancillary costs already incurred
Any deposits already paid will be offset against the cancellation fee. The client reserves the right to prove that no damage or less damage has occurred.

§ 5 Acceptance and Corrections
Obvious defects must be reported in text form within 5 working days after delivery. Otherwise, the images are considered accepted in accordance with the contract.

Photography: The agreed fee includes one correction loop (image selection and basic retouching). Further change requests or additional post-processing will be charged according to time and effort.

Video: The flat fee includes one correction loop (editing & color grading). Change requests must be communicated in writing within 7 days after the initial presentation of the edit. Additional loops or subsequent changes to the original storyboard will be charged according to time and effort.

§ 6 Special Conditions for Video Productions
Music Rights: The licensing of music (e.g., stock music) is carried out for the account of the client. The client indemnifies the Photographer/Videographer from all claims by third parties (e.g., GEMA).

Raw Material: Only the finished, edited video is delivered. The release of raw material (raw footage) or project files is not part of the order and can be agreed upon separately.

§ 7 Usage Rights, Self-Promotion, and AI Protection
Usage Rights: The scope of the transferred usage rights (temporal, spatial, and content-related) results from the respective offer or order confirmation. Unless otherwise agreed there, a simple usage right for the contractually intended purpose is transferred. The usage rights only pass to the client after full payment of the agreed fee. Any change or redesign of the original works requires the prior consent of the Photographer. When using the work, the Photographer is entitled to be credited as the author.
Self-Promotion and Right of Objection: The Photographer is entitled to use all created images and videos without temporal or spatial restriction for his own advertising, on his website, in social networks, and in his portfolio. The client may object to this use in writing if worthy of protection personal interests (e.g., in the case of CV and application photos, wedding photos, or other private recordings) conflict with it. Such an objection must be communicated before or immediately after the shooting and does not require justification.
AI Protection: Use of the image and video data for training AI systems, for “Generative Fill” modifications, or text-to-image models is prohibited without the express written consent of the Photographer.

§ 8 Minors
For orders involving minors (persons under 18 years of age) as subjects, written consent from the legal guardians must be obtained before the shooting. The client is obliged to obtain this consent in a timely manner and to present it to the Photographer upon request. If the required consent is not proven, the Photographer is entitled to refuse or cancel the execution of the order without this giving rise to claims by the client. The use and publication of recordings of minors by the client is subject to statutory regulations, in particular the right to one’s own image in accordance with §§ 22, 23 KUG and the requirements of the GDPR.

§ 9 Warranty, Liability, and Archiving
The Photographer works with the utmost care. Without express instructions, complaints regarding the artistic-technical design and image conception are excluded. The Photographer is only liable in cases of intent and gross negligence. In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the contract-typical foreseeable damage.

Data Storage: The Photographer is not obliged to permanently archive the image and video data. Voluntary archiving takes place without legal claim for a maximum of four weeks after delivery. Thereafter, the Photographer assumes no liability for data loss or damage.

Absence of the Photographer: In the event of an unprovoked, short-term absence (e.g., illness or force majeure), the client has no claim to compensation for the costs of a replacement production. In such a case, the Photographer will make every effort to arrange a qualified replacement, but cannot guarantee this in every case. A fee already paid will be refunded for services not rendered. No liability is assumed for damage caused by technical failure of the equipment, provided there is no intent.

§ 10 Force Majeure and Weather Conditions
Both parties are released from their performance obligations insofar as and as long as the provision of services is prevented by force majeure. Force majeure includes unforeseeable, extraordinary events for which neither party is responsible, in particular natural disasters, extreme weather conditions, pandemics, official orders, or other unavoidable events.

For outdoor shoots (e.g., weddings, sports, reportage), the Photographer attempts to achieve the best possible results even under adverse weather conditions and will offer creative alternative solutions (e.g., moving to covered locations). However, no guarantee can be given for specific lighting conditions or outdoor settings. Postponing an appointment due to bad weather is only possible free of charge after prior written agreement. If an agreement cannot be reached, the cancellation conditions according to § 4 apply accordingly.

§ 11 Place of Performance, Jurisdiction, and Final Provisions
Applicable Law: For all legal relationships arising from this contract, the law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), even for deliveries and services abroad.

Jurisdiction for Entrepreneurs (B2B): If the client is a merchant, a legal entity under public law, or a special fund under public law, the place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Munich.

Jurisdiction for Consumers (B2C): If the client is a consumer within the meaning of § 13 BGB, the place of jurisdiction is determined by the statutory provisions. In this case, the general place of jurisdiction of the consumer’s residence is decisive, unless a different jurisdiction is mandatory by law. The Photographer has his registered office in Munich.

Written Form Requirement: Ancillary agreements to the contract or to these T&Cs require text form (e.g., email) to be effective. Oral agreements are ineffective unless confirmed in writing.

Severability Clause: Should one or more provisions of these T&Cs be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties undertake to replace an invalid provision with a legally valid regulation that comes closest to the economic purpose of the invalid provision.