MARINAGRIEBl.COM — PRODUCT PHOTOGRAPHY
General Terms and Conditions (GTC)
The following General Terms and Conditions (GTC) regulate the rights and obligations of the Contractor and the Client within the scope of photography services.
Preamble / Introduction:
The commercial product photographer Marina Griebl, registered as a professional photographer with the Austrian Economic Chamber (WKO) and operating under the Small Business Regulation (Kleinunternehmerregelung), hereinafter referred to as the „Contractor, ” on the one hand, and the person commissioning photography services, hereinafter referred to as the „Client, ” on the other hand, acknowledge the following General Terms and Conditions (GTC) for photography services.
Contractor: Marina Griebl
Client: any natural or legal person ordering photography services
Together: the „Parties“
The following GTC regulate the rights and obligations of the Parties in the context of photography services.
1. Subject of the Contract
1.1. Obligation to Provide Services
The Contractor undertakes to provide the services described in these GTC, and the Client undertakes to accept these services and to pay punctually.
1.2. Scope of Services
The Contractor’s services include the organization and execution of the Client’s product photography as well as basic retouching of the photos for digital use (including color correction, cropping, dust removal, and minor blemish retouching).
1.3. Place of Performance
Photography will take place either at the Contractor’s premises or at the Client’s premises, as agreed.
1.4. Licensing Rights and Portfolio Use
The Client is granted a non-exclusive license to use the delivered photographic materials for their commercial purposes, including but not limited to publication on websites, social media, marketplaces, advertising materials, and marketing campaigns. Exclusive rights of use may be granted only on the basis of a separate written agreement and for an additional fee. The Contractor reserves the right to use the photographic materials for portfolio purposes, on her own website (https://marinagriebl.com), on social media, or in exhibitions, unless otherwise agreed in writing.
1.5. Acceptance Conditions
Proper performance of the services is deemed confirmed if the Client raises no justified objections in writing via email (contact@marinagriebl.com) or messenger within 3 calendar days after receipt of the photographic materials.
1.6. Delivery of Photographic Materials
Delivery of the photographic materials is made via download link and is confirmed by written notification (email or messenger).
1.7. Advance Payment and Preparatory Measures
A deposit of 30% of the price must be paid no later than 3 calendar days before the agreed photography session. This covers the Contractor’s preparatory measures (technical specifications, coordination of references, consulting, and project preparation). The deposit constitutes the Client’s acceptance of these GTC and establishes the Contractor’s right to demand the remaining payment upon completion of the project.
2. Rights and Obligations of the Parties
2.0. Written Agreements
All agreements between the Parties, including technical specifications, change requests, arrangements regarding dates and services, must be made in writing (via email or messenger). Oral agreements, phone calls, or voice messages have no legal validity unless confirmed in writing.
2.1. Obligations of the Contractor
2.1.1. Fulfillment of Services in Agreed Quality and Deadline
The Contractor undertakes to provide the agreed photography services in compliance with the written technical specifications in the agreed quality and within the agreed deadlines. Quality particularly includes conformity with the Client’s technical specifications, agreed reference images, and other agreed written criteria.
2.1.2. Consideration of Written Change Requests
The Contractor will consider justified change requests from the Client only if they are submitted in writing within 3 calendar days after delivery of the photographic materials and relate to deviations from the previously agreed technical specifications that were not properly implemented by the Contractor. Change requests that go beyond the agreed technical specifications, even if submitted within the 3-day period, are considered separate services and will be charged additionally.
2.1.3. Delivery Deadline for Photographic Materials
The Contractor will provide the final photographic materials via download link within 14 calendar days after completion of the photography production, unless a different deadline is agreed in writing by email (contact@marinagriebl.com) or messenger. Delivery is considered completed once the Client confirms the provision in writing. If no written confirmation is received within 5 calendar days after provision, delivery is still deemed effectively completed.
2.1.4. Provision of Services by Third Parties
The Contractor is entitled to have parts of the services described in these GTC, including video or specialized services, performed by qualified third parties. In this case, all provisions of these GTC remain binding for the Client, and the Contractor remains liable for proper provision of the services.
2.2. Obligations of the Client
2.2.1. Provision of Technical Specifications
The Client provides the Contractor with the written technical specifications via email or messenger. All oral agreements must subsequently be confirmed in writing. Changes or additions to the technical specifications are only effective if documented in writing and confirmed by the Contractor.
2.2.2. Provision of Products
The Client ensures that all products for the photography production are provided or delivered at the latest 1 calendar day before the agreed photography session. In case of delays, the Contractor may reschedule the appointment or, by agreement, claim additional costs.
2.2.3. Payment Obligation
The Client undertakes to pay the agreed deposit of 30% no later than 3 calendar days before the photography session. The remaining balance is due within 1 calendar day after provision of the preview. Final delivery of the photographic materials only occurs after full payment.
2.2.4. Review of Photographic Materials and Change Requests
The Client shall download the photographic materials within the valid link period (30 days), check them for compliance with the previously agreed technical specifications, and submit any justified change requests in writing within 3 calendar days only if they concern deviations from the agreed technical specifications that were not properly implemented by the Contractor. Change requests that go beyond the agreed technical specifications, even if submitted within the 3-day period, shall be considered additional services and charged separately.
2.2.5. Acknowledgment of Artistic Freedom
The Client acknowledges that the Contractor makes artistic decisions in photography and retouching, particularly regarding perspective, composition, lighting, color correction, and stylistic elements. The Client trusts the Contractor’s artistic decisions and is familiar with examples of her work. Minor deviations, such as in perspective, angle, color tone, brightness, or lighting, which are not explicitly specified in the written technical specifications, do not entitle the Client to free rework.
2.3. Rights of the Client
The Client may refuse acceptance of the photographic materials only if the agreed, concrete requirements specified in the written technical specifications are demonstrably not met. In this case, the Client must submit justified change requests in writing (email or messenger) within 3 calendar days after receipt of the materials. Each change request will be considered once; any subsequent or out-of-scope change requests will be treated as additional services and charged separately. If the technical specifications contained no concrete information, the provisions of section 2.2.5 apply, and any additional editing will be charged separately.
3. Price and Payment Terms
3.1. Agreement on Price
The price for the agreed photography services is determined in writing between the Parties and documented in an offer or invoice. Changes to the price require written agreement.
3.2. Scope of Services
The agreed price covers the photography services, which include basic retouching, such as color correction, cropping, and minor dust or blemish retouching. Any complex retouching, compositing, print preparation, or additional services beyond the agreed scope will be charged separately.
3.3. Payment Terms
A deposit of 30% of the agreed price must be paid no later than 3 calendar days before the agreed photography session. The deposit constitutes the Client’s acceptance of these GTC and entitles the Contractor to plan the execution of the agreed services.
The remaining balance is due within 1 calendar day after provision of the preview.
Definition of Preview: The preview refers to images provided by the Contractor, not fully retouched, in the form of watermarked images, screenshots, or download links for approval by the Client.
Final delivery of fully retouched photographic materials only occurs after full payment. Any use, reproduction, or distribution of the photographic materials before full payment is expressly prohibited.
3.4. Currency and Transfer
Payments are made in euros via bank transfer to the account specified by the Contractor.
3.5. Cancellation and Rescheduling
If the photography session is canceled or rescheduled by the Client, the deposit according to sections 1.7 and 3.3 is non-refundable, as it covers preparation of the agreed services. Rescheduling to another mutually agreed date is possible by arrangement.
If the Contractor must cancel the photography session for compelling reasons, the deposit will be fully refunded or a new date agreed upon.
3.6. Services to Entrepreneurs in the EU
The Contractor issues invoices according to the Small Business Regulation (§ 6 Abs. 1 UStG) without Austrian VAT. For services to entrepreneurs within the EU, no Austrian VAT is charged; the tax liability shifts to the recipient of the service (reverse charge procedure).
3.7. Costs for Third Parties
Payments for external service providers (e.g., models, set designers, makeup artists, manicure, or other non-refundable costs for props) or for rental of external photography studios are generally non-refundable unless the respective service provider or studio grants a refund. The list is not exhaustive. The Client bears these costs directly or reimburses them upon submission of the corresponding receipts.
4. Liability
4.1. Liability
The Contractor and the Client are liable for non-performance or defective performance of obligations under these GTC according to Austrian law and the conditions of these GTC. Liability for slight negligence, particularly minor aesthetic deviations, differences in color rendering on monitors, or unforeseen technical errors, is excluded.
4.2. Complaints
Quality complaints must be submitted in writing within 3 calendar days after receipt of the photographic materials.
4.3. Compensation for Delay in Service
In case of delayed provision of the agreed services, the Client may claim a delay compensation of 0.1% of the agreed price per calendar day.
4.4. Default Interest for Late Payment
In case of late payment of the agreed fee, the Contractor is entitled to charge default interest of 0.1% of the outstanding amount per calendar day.
4.5. Dispute Resolution
Disputes between the Parties shall first be negotiated amicably. If no agreement is reached, the competent court is the Contractor’s place of business in Vienna.
4.6. Storage of Provided Items
Items provided by the Client are stored for a maximum of 15 calendar days after project completion. If the Client does not collect the items or pay shipping costs within this period, the Contractor is entitled to dispose of the items at her discretion.
5. Copyright and Use
5.1. Authorship
The Contractor is the author of all materials created under these GTC (§§ 1 ff Copyright Act — ARG). She reserves all rights to the materials.
5.2. Use by the Contractor
The Contractor is entitled to use the created photographic materials for her portfolio, website, social media, print catalogs, and as reference material in presentations without the Client’s consent (§ 11 ARG).
5.3. Use by the Client
The Client is granted a non-exclusive, perpetual, worldwide license to use the photographic materials (digital or print), including for commercial purposes, online publication, social media, and distribution to third parties for commercial use.
5.4. Attribution
Attribution of the Contractor as the author is not required unless otherwise agreed in writing.
5.5. Use in Connection with Artificial Intelligence
Use of photographs or parts thereof created by the Contractor in connection with artificial intelligence (e.g., for AI training, generation of new images, or similar purposes) is prohibited without the Contractor’s express written consent. For such use, a separate agreement specifying the scope, duration, and remuneration must be concluded. Without such an agreement, all intellectual property rights remain with the Contractor.
5.6. Exclusive Rights of Use
Exklusive Nutzungsrechte können nur durch eine separate schriftliche Vereinbarung gegen Aufpreis übertragen werden.
6. Force Majeure
6.1. Definition and Examples
The Parties are released from liability for non-performance or defective performance of these GTC if due to unforeseeable, unavoidable circumstances beyond their control („force majeure“), e.g., natural disasters, fire, floods, epidemics, war, official measures, prolonged power outages, or internet/communication blackouts.
6.2. Notification Obligation
In case of force majeure making these GTC impossible to perform, both Parties are released from their obligations. The affected party must inform the other party in writing immediately, as soon as possible, but no later than 3 calendar days after removal of the obstacle or as soon as notification is possible. Failure to do so forfeits the right to invoke force majeure.
6.3. Consequences and Rescheduling
In cases of force majeure, both Parties are entitled to reschedule agreed appointments without contractual penalties. Fulfillment of contractual obligations continues unchanged after removal of the circumstances.
7. Right of Withdrawal (Consumers Only)
7.1. Scope
This right of withdrawal applies exclusively to natural persons (consumers) who do not enter into these GTC for professional or independent purposes. Entrepreneurs (§ 1 KSchG) and legal entities are explicitly excluded.
7.2. Withdrawal Period
Consumers may withdraw from these GTC within 14 calendar days without providing reasons.
7.3. Form of Withdrawal
Withdrawal must be made in writing via email (e.g., to contact@marinagriebl.com) or messenger.
7.4. Exclusion of Withdrawal Right
If the service has been fully performed within the withdrawal period and the consumer has explicitly agreed to start performance before the end of the withdrawal period, the right of withdrawal lapses according to § 18 FAGG.
7.5. Consumers from Other EU Member States
For consumers from other EU Member States, the respective national withdrawal regulations may apply.
8. Further Provisions
8.1. All legal relationships are subject to Austrian law.
8.2. Amendments or additions are only valid in writing.
8.3. Jurisdiction for all disputes arising from or in connection with these GTC is the Contractor’s place of business, Vienna.
8.4. Publication of these GTC on the website constitutes a public offer. The advance payment constitutes the Client’s acceptance of these GTC and covers preparatory work.
8.5. Processing of personal data is carried out in accordance with our privacy policy on the website: https://marinagriebl.com/datenschutz.