Terms and Conditions | MichaelBuescherPhoto

General Terms and Conditions for Photo Assignments

The following general terms and conditions apply to all aspects of a photography assignment including offers, created works, and services (including preproduction, production and postproduction) between Michael Buescher Photography (Dean Michael Buscher) and the customer. Unless a change is offered by the photographer, no other terms or conditions for a photo assignment will be recognized, except if they are in a written contractual form created by Michael Buescher Photography and agreed to by both parties. This also applies to future business with the customer. Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions of the contracts concluded on their basis. An ineffective provision must be replaced by an effective one that comes closest to its meaning and purpose. Photography includes all creative works regardless of form including digital, film, slide, print, albums, multi media, motion picture including sound. The customer acknowledges that all created works remain the exclusive copyright of Michael Buescher Photography (Dean Michael Buscher).

Photo Assignment Contract

A contract is agreed only after a deposit has been made and a contract, created for the specific photo assignment signed and returned by the customer to Michael Buescher Photography (Dean Michael Buscher).

If Michael Buescher Photography (Dean Michael Buscher) has made an offer, that offer will remain open for a designated period of time. If the deposit and signed contract have not been received by the close of the reservation date, the offer is withdrawn.

Even after the photo assignment is concluded Michael Buescher Photography (Dean Michael Buscher) retains copyright of all created works. Unless specifically stated in the contract, images may be used only for personal, non commercial purposes.

Images may be shared publicly in a non commercial setting but must include the copyright wherever they appear. The copyright must at all times be clearly visible, and legible.

No images may be cropped altered, adjusted, or changed in any way.

If commercial usage rights are requested a separate contract must be created before usage of images are allowed.

A commercial contract would also apply against third parties who may wish to use the images, at event fairs, on websites, etc.

Michael Buescher Photography (Dean Michael Buscher) may use all images and created works for the purposes of self promotion, advertising, in print or social media, in collage or in derivative works.

If the customer requests exclusivity, a non commercial privacy hold on the images, a separate contract must be arranged.

Preproduction, Production and Postproduction

Great detail will be paid to all creative aspects of the photo assignment, both before during and after the shoot. Nonetheless photo assignments are dynamic events and photo creation is always subject to the tastes and style of the photographer. There can never be a %100 guarantee that every image desired by the customer will be created or that every image will match the wishes of the client, even though we strive for the highest artistic integrity.

This does not mean there is a flaw or an error in the image making/creative process. Delivered images will always be in excellent creative taste and therefore criticisms against creative choice or license will not entertained. If the customer desires a specific set up these things can be restaged or reshot at another time and require a separate contract.

Image selection, treatment, and delivery are all fulfilled by Michael Buescher Photography (Dean Michael Buscher). In most cases skilled retouching tools are used and each image is treated individually. Image manipulation or images desired for large fine art print printing always require more time and often include including test printing. This process can take up significant time and resources and so it is advisable to talk to your photographer before making an investment.

Archive and back up of images are at the discretion of Michael Buescher Photography (Dean Michael Buscher) and we are under no obligation to keep or promise a permanent record of images.

In any event if for any reason you loose your images requiring images also involves a separate fee.

We do not sell or offer RAW images to clients.

Michael Buescher Photography (Dean Michael Buscher) is free to commission 3rd parties where it is deemed necessary at any point in the pre production, production or post production process.

"Rush services" are not considered unless where a separate contract is made.

Expendables and Shipping Costs

Some expenses are billed separately from the photo assignment. Although this is not an exhaustive list, some billable items include, travel, overnight stay, parking, meals, rental of props or renting additional lighting equipment, backgrounds, stands, batteries etc. These items will always be explained and written down within the scope of the photo assignment contract.

Shipping costs are born by the customer.

Liability

Michael Buescher Photography (Dean Michael Buscher) cannot be held liable for delay or failure to perform except where gross negligence or intentional conduct is the cause.

It is the responsibility of the customer to ensure that all persons and all locations may be recorded and photographed so no claims may arise against Michael Buescher Photography.

Therefore the contracting party is responsible for obtaining any necessary permissions in written form so that the people who appear in the images, the event locations and the works of other third party vendors may be used without issue.

The contracting party (customer) shall indemnify and hold the photographer harmless in this regard, in particular with regard to claims arising from the right to use one's own image in accordance with Section 78 of the Copyright Act and with regard to usage claims in accordance with Section 1041 of the Austrian Civil Code.

In the event of loss or damage to photographs (be they slides, negatives, film stock, digital image files), the photographer is liable - regardless of the legal basis - only for intent and gross negligence. Liability is limited to his own fault and that of his employees; for third parties (laboratories, etc.) the photographer is only liable for intent and gross negligence

in the selection. Any liability is limited to the cost of materials and the free repetition of the photos (where and when that is possible). The client is not entitled to any further claims; in particular, the photographer is not liable for any travel and accommodation expenses or for third-party costs (models, assistants, make-up artists and other shooting personnel)

or for lost profits, consequential and immaterial damages. Claims for damages in cases of slight negligence are excluded.

Force majeure: If an extraordinary event directly prevents one or both parties from performing like a natural disaster (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes), and infrastructure failures (transportation, energy). In this event no claim can be made against Michael Buescher Photography (Dean Michael Buscher).

Claims against Michael Buescher Photography (Dean Michael Buscher) cannot arise for the actions of third parties, subcontractors or suppliers who provide their own services.

The delivery dates for photos are only binding if they have been expressly confirmed by the contractor in the contract. Michael Buescher Photography (Dean Michael Buscher) is only liable for exceeding deadlines in the event of intent or gross negligence.

Complaints must be received within 14 days of delivery of the images. After 14 days it is deemed that the images have been delivered satisfactorily.

Limitation of Liability - In the unlikely event of total photographic failure or termination of this Agreement by either party or under any other circumstances, the liability of either party to the other shall be limited to the total value of the Agreement. Neither party shall be liable for any indirect or consequential damages.

Cancelation or Postponement

If the photo session is cancelled the deposit paid by the customer is in all situations non refundable. In some cases, if the photo assignment date needs to be changed and it can be accommodated by the photographer, the photo session can be postponed and rescheduled within 4 months. Michael Buescher Photography (Dean Michael Buscher) cannot guarantee a rescheduling is possible. If the photo assignment is cancelled within one month of the photo assignment date the customer agrees to pay %75 of the total photo assignment fee.

Data Protection

Before, during and after the course of the photo assignment some personal information from the customer is acquired and saved so that the fulfilment of the contract can be successfully completed. Michael Buescher Photography (Dean Michael Buscher) agrees not to share this information with 3rd parties.

Legality

In case of disagreement Canadian law applies throughout with the exception of international deliveries. Only written signed contracts are considered during disputes. Any oral discussions are not considered or valid.