I. Scope and Applicability of the General Terms and Conditions

1.1 These General Terms and Conditions (“GTC”) shall apply exclusively where michael preschl photography enters into a contractual relationship with an entrepreneur (business customer) within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG).

1.2 All services provided by michael preschl photography are rendered exclusively on the basis of these General Terms and Conditions. By placing an order, the Client acknowledges and accepts the applicability of these GTC. Unless otherwise expressly agreed in writing by michael preschl photography, these GTC shall also apply to all future business relationships between the parties, even if no express reference is made to them in individual cases. Any general terms and conditions of the Client shall not form part of the contract unless expressly accepted in writing by michael preschl photography.

1.3 Should any provision of these General Terms and Conditions be or become invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected. Any invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the commercial purpose and intent of the original provision.

1.4 All quotations, proposals and offers issued by michael preschl photography are non-binding and subject to change unless expressly stated otherwise in writing.

II. Copyright and Intellectual Property Rights

2.1 All copyrights, neighbouring rights and related intellectual property rights in and to the photographic works created by michael preschl photography, including all rights of the photographic author pursuant to the Austrian Copyright Act (Urheberrechtsgesetz – UrhG, Sections 1, 2 para. 2, and Sections 73 et seq.), shall remain exclusively vested in the Photographer.
No licence or right of use, including publication rights, shall be deemed granted unless expressly agreed in writing. Where such permission has been expressly granted, the Client shall receive a non-exclusive, non-transferable and non-assignable licence to use the photographic works solely for the expressly agreed purpose and strictly within the agreed scope of use, including any limitations relating to quantity, territory, duration or media.
In the absence of an express agreement, the scope of use specified in the relevant invoice or delivery note shall be deemed decisive. Under no circumstances shall the Client acquire rights exceeding the purpose expressly disclosed by the contractual agreement or assignment.
Unless otherwise agreed in writing, any licence granted shall apply exclusively to one single publication, in the expressly agreed medium, and shall not include any advertising, promotional or commercial use.

2.2 For every form of use, including but not limited to reproduction, distribution, publication, broadcasting or digital communication, the Client shall ensure that the Photographer’s copyright notice and author attribution are displayed clearly, legibly and permanently in accordance with the Universal Copyright Convention (UCC), in direct association with the respective photograph.
Unless otherwise agreed, the following credit shall be used:

Photo © michael preschl photography
together with the place of first publication and, where applicable, the year of first publication.

This attribution shall constitute the author’s designation within the meaning of Section 74 (3) of the Austrian Copyright Act (UrhG). Where a photograph bears the Photographer’s signature within the image itself, publication of that signature alone shall not replace the obligation to provide the copyright notice described above.

2.3 No photograph may be altered, edited, manipulated, cropped or otherwise modified without the Photographer’s prior written consent.

This restriction shall not apply only where such modification is objectively necessary to fulfil the contractual purpose known to the Photographer at the time the agreement was concluded.

2.4 Any licence granted under these Terms shall become effective only upon full payment of all agreed photography fees and licence fees. Furthermore, the licence shall be deemed valid only where the required copyright notice and author attribution have been properly displayed in accordance with Clause 2.2.

2.5
Where the photographic works are published, the Client shall provide the Photographer with two complimentary copiesof the published work. For high-value publications, such as art books or comparable premium productions, one complimentary copy shall be sufficient. Where publication takes place online, the Client shall provide the Photographer with the relevant website address or URL on which the photographic works are published.

III. Ownership of Photographic Materials and Archiving

3.1.1 Analogue Photography
Ownership of all exposed photographic film, including but not limited to negatives, transparencies and other analogue originals, shall remain exclusively with michael preschl photography. Upon payment of the agreed fee, the Client shall acquire ownership only of those photographic prints or reproductions expressly supplied for the agreed purpose of use. Until full payment of the agreed purchase price has been received, all delivered photographic works shall remain the property of michael preschl photography.

Original transparencies—and negatives only where expressly agreed in writing—shall be provided to the Client exclusively on a temporary loan basis. They must be returned immediately after the agreed use and remain at the Client’s sole risk and expense unless otherwise agreed in writing.

3.1.2 Digital Photography
All ownership rights in the original digital image files, including RAW files and all other digital source files, shall remain exclusively with michael preschl photography. The Client shall have no entitlement to receive digital image files unless expressly agreed in writing. Unless otherwise agreed, any such delivery shall comprise only a selected number of edited image files and shall not include the complete image archive or all photographs produced during the assignment.

Any licence granted for the use of digital image files shall be limited exclusively to the scope of rights set out in Clause 2.1 of these General Terms and Conditions.

3.2 The reproduction, distribution or storage of photographic works in online databases, electronic archives, websites, internet platforms, intranets intended for use beyond the Client’s internal business purposes, or on digital storage media of any kind, including but not limited to CDs, DVDs, external storage devices or comparable media, shall require the Photographer’s prior written consent. The Client’s right to create a reasonable backup copy for internal security purposes shall remain unaffected.

3.3 Without assuming any legal obligation to do so, michael preschl photography may archive the photographic works for a period of one (1) year following completion of the assignment.

No liability shall be accepted for the loss, accidental deletion or damage of archived materials after delivery, and the Client shall have no claims arising from such loss or damage.

IV. Copyright Notice and Attribution

4.1 michael preschl photography reserves the right to identify all photographic works and digital image files with the Photographer’s name, copyright notice or other identifying mark in any manner deemed appropriate, including placement directly on the image where necessary. The Client shall ensure that such copyright notice, author attribution or identifying mark remains complete, visible and unaltered at all times. This obligation shall also apply where the photographic works are supplied to third parties, including but not limited to printers, publishers, agencies or other service providers.

Where the copyright notice has been removed, obscured or omitted, the Client shall ensure that it is reinstated prior to any further reproduction, publication or distribution. This obligation likewise applies to all copies, reproductions and digital duplicates created from the original photographic works.

4.2 The Client shall store and manage all digital image files in such a manner that the Photographer’s copyright information, metadata and author attribution remain electronically linked to the respective image file and are preserved during any transfer, duplication, publication or other form of digital distribution.
The Client shall not intentionally remove, alter or impair any copyright management information, metadata or other electronic identification that enables michael preschl photography to be clearly identified as the author and copyright holder of the photographic works.

V. Client Responsibilities and Ancillary Obligations

5.1 The Client shall be solely responsible for obtaining any permissions, licences, approvals or other rights required from third parties for the intended use of the photographic works, including, without limitation, copyright licences, property releases, trademark permissions and model releases or other consents required for the depiction of individuals.
The Client shall indemnify and hold harmless michael preschl photography against any and all claims, damages, liabilities, costs and expenses arising from the absence or insufficiency of such rights or permissions, including, but not limited to, claims relating to the right to one’s own image pursuant to Section 78 of the Austrian Copyright Act (Urheberrechtsgesetz – UrhG) and claims for use pursuant to Section 1041 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch – ABGB).

The Photographer warrants the existence of such third-party permissions only where this has been expressly confirmed in writing for the contractually agreed purpose of use in accordance with Clause 2.1.

5.2 Where michael preschl photography is commissioned to digitally edit, retouch or otherwise process photographs or image files supplied by the Client or by third parties on the Client’s behalf, the Client warrants that it holds all necessary rights, licences and permissions for such processing.

The Client shall indemnify and hold harmless michael preschl photography against any claims, liabilities, losses, damages, costs or expenses asserted by third parties as a result of any breach of this warranty.

5.3 The Client shall collect any products, objects, samples or other materials provided for the photographic production immediately upon completion of the assignment.
Should such items not be collected within two (2) business days after the Client has been requested to do so, michael preschl photography shall be entitled to charge reasonable storage fees or arrange storage at the Client’s expense.

All transportation, storage and related costs shall be borne exclusively by the Client.

VI. Loss and Damage

6.1 If photographic materials, image files, products, samples or other items provided by the Client are lost, damaged or destroyed through the fault of michael preschl photography, the Photographer’s liability shall be limited to cases of intent or gross negligence, unless mandatory statutory provisions provide otherwise.

Liability shall, in any event, be limited to the replacement of the material value of the affected items. Any liability for indirect, consequential or incidental damages, including but not limited to loss of profit, loss of production, loss of business opportunities, reputational damage or other financial losses, shall be excluded to the extent permitted by applicable law.

6.2 The Client acknowledges that photographic productions involve inherent risks. Unless otherwise expressly agreed in writing, michael preschl photography assumes no liability for unavoidable damage resulting from transport, handling, weather conditions, technical failure, force majeure or other circumstances beyond the Photographer’s reasonable control.

6.3 The Client is responsible for adequately insuring any valuable products, artworks, prototypes, samples or other property provided for the photographic production. Unless expressly agreed otherwise in writing, michael preschl photographyshall not be obliged to procure insurance on behalf of the Client.

6.4 Any apparent damage or loss must be reported to michael preschl photography without undue delay upon becoming known. Failure to notify the Photographer promptly may result in the exclusion of claims to the extent permitted by applicable law.

VII. Early Termination

7.1 michael preschl photography shall be entitled to terminate the contract with immediate effect for good cause.

Good cause shall include, but shall not be limited to, the following circumstances:

insolvency, bankruptcy, restructuring or comparable proceedings are commenced against the Client’s assets, or an application for such proceedings is rejected due to insufficient assets to cover the costs of the proceedings;
the Client suspends payments or circumstances arise that reasonably give rise to concerns regarding the Client’s financial standing or creditworthiness, and the Client fails, upon request by michael preschl photography, to provide an appropriate advance payment or adequate security;
performance of the agreed services becomes impossible or is materially delayed for reasons attributable to the Client, including where such delay continues despite the Photographer having granted an additional period of fourteen (14) days for performance; or
despite receiving written notice and an additional fourteen (14) day cure period, the Client continues to materially breach its contractual obligations, including, but not limited to, failure to pay any due instalment or failure to fulfil essential obligations of cooperation required for the proper performance of the contract.

Termination for good cause shall be without prejudice to any other contractual or statutory rights and remedies available to michael preschl photography, including the right to claim payment for services already performed and compensation for any damages incurred.

VIII. Performance of Services and Warranty

8.1 michael preschl photography shall perform all commissioned services with due professional care and in accordance with recognised professional standards.

The Photographer shall be entitled to engage qualified third parties to perform all or part of the contracted services.

Unless the Client provides specific written instructions, michael preschl photography shall retain full artistic and technical discretion regarding the execution of the assignment, including, without limitation, image composition, visual style, lighting, photographic techniques, the selection of models, locations and production methods.

Variations from previous assignments or deliveries shall not, in themselves, constitute a defect or deficiency.

8.2 No liability shall be accepted for defects, deficiencies or undesired results arising from inaccurate, incomplete or incorrect instructions, specifications or materials supplied by the Client (Section 1168a of the Austrian Civil Code – ABGB).

Except where mandatory statutory provisions provide otherwise, michael preschl photography shall be liable only for damage caused intentionally or through gross negligence.

8.3 The Client shall bear all risks arising from circumstances beyond the Photographer’s reasonable control, including, but not limited to, adverse weather conditions affecting outdoor productions, delays in the delivery of products or props, the unavailability of models, travel disruptions, force majeure or comparable events.

8.4 All deliveries and shipments shall be made at the Client’s expense and risk, unless otherwise agreed in writing.

8.5 Except where mandatory law grants the Client the right to rescind the contract, michael preschl photography shall, at its sole discretion, satisfy any valid warranty claim by repair, replacement or an appropriate reduction of the agreed fee.

The Client shall bear the burden of proving that any alleged defect already existed at the time of delivery.

The Client shall inspect all delivered photographic works immediately upon receipt. Any apparent defects must be notified to michael preschl photography in writing without undue delay and, in any event, no later than eight (8) daysafter delivery, specifying the nature and extent of the defect.

Hidden defects shall be reported immediately after their discovery.

Failure to submit a proper or timely notice of defects shall constitute acceptance of the delivered work. In such case, all warranty claims, claims for damages (including consequential damages arising from defects) and any right to challenge the contract based on error resulting from such defects shall be excluded to the fullest extent permitted by applicable law.

The warranty period shall be three (3) months from the date of delivery.

8.6 No liability shall arise for insignificant or immaterial defects that do not materially affect the agreed use of the photographic works.

Minor colour variations, including those occurring in subsequent print runs or repeat productions, shall not constitute a material defect.

The limitation of liability set out in Clause 6.1 shall apply accordingly.

8.7 Binding delivery dates or production deadlines shall apply only where expressly confirmed in writing by michael preschl photography.

In the event of any delay in performance or delivery, the limitation of liability set out in Clause 6.1 shall apply accordingly.

8.8 Minor delays in delivery or performance shall be deemed reasonable and accepted by the Client. Such delays shall not entitle the Client to claim damages, terminate the contract or withdraw from the agreement.

8.9 Any licence granted by michael preschl photography relates exclusively to the use of the photographic works.

Unless expressly agreed otherwise in writing, no licence shall include the public performance, synchronisation, communication or other exploitation of musical works, sound recordings or other audio content in any medium.

IX. Fees and Remuneration

9.1 Unless otherwise expressly agreed in writing, michael preschl photography shall be entitled to remuneration in accordance with the Photographer’s current price list applicable at the time of the assignment. Where no price list applies, the Photographer shall be entitled to reasonable remuneration reflecting the nature, scope and complexity of the services provided.

9.2 The agreed fee shall also be payable for concept images, layout, presentation or test photography, as well as in cases where the photographic works are ultimately not used or where their use depends on the decision of third parties.

In such cases, no reduction of the agreed photography fee shall apply.

9.3 All production-related expenses and third-party costs—including, but not limited to, props, products, models, travel expenses, accommodation, catering, stylists, hair and make-up artists, assistants, location fees, permits and comparable production costs—shall be invoiced separately unless expressly included in the quotation.

This shall also apply where such services or materials are procured or organised by michael preschl photography on behalf of the Client.

9.4 Any amendments, additions or changes to the agreed scope of work requested by the Client during the execution of the assignment shall be charged separately and shall be borne exclusively by the Client.

9.5 Unless expressly agreed otherwise in writing, the photography fee does not include conceptual services, creative consulting, art direction, layouts, graphic design, image strategy, post-production beyond the agreed scope or other creative services.

The same applies to any extraordinary organisational effort, additional project management or consultation exceeding the scope normally required for the assignment.

9.6 If the Client cancels or withdraws from the assignment for reasons within the Client’s sphere of responsibility, michael preschl photography shall remain entitled to the agreed remuneration unless otherwise agreed in writing.

Where production dates must be postponed for unavoidable reasons, including but not limited to adverse weather conditions affecting outdoor productions, the Client shall reimburse the Photographer for all time reserved, work already performed and all production costs and third-party expenses already incurred.

9.7 All fees and prices are quoted exclusive of Value Added Tax (VAT), which shall be charged separately at the statutory rate applicable at the time of invoicing.

9.8 The Client shall not be entitled to set off any alleged or disputed counterclaims against claims for payment owed to michael preschl photography, except where such counterclaims have been finally determined by a court of competent jurisdiction or expressly acknowledged in writing by the Photographer.

9.9 Price Adjustments / Indexation

The agreed prices shall apply from the date of conclusion of the contract.

For ongoing business relationships and future contractual agreements, michael preschl photography reserves the right to adjust the agreed prices in line with changes in the Austrian Consumer Price Index (Verbraucherpreisindex – VPI)published by Statistics Austria.

The calculation shall be based on the most recently published index applicable at the time of the previous price determination. Any adjustment shall correspond to the percentage change in the relevant index and shall become effective after prior notification to the Client.

A price adjustment pursuant to this Clause shall not entitle the Client to terminate, rescind or withdraw from the contract.

X. Licence Fee

10.1 Unless expressly agreed otherwise in writing, the granting of any licence or right of use shall be subject to a separate licence fee, payable in addition to the agreed photography or production fee.

The licence fee shall be the amount expressly agreed between the parties or, in the absence of such agreement, a reasonable fee reflecting the scope, duration, territory, media, purpose and commercial nature of the licensed use.

The photography fee compensates the creation of the photographic works only and shall not, unless expressly agreed otherwise in writing, include the transfer or licensing of any copyright or usage rights.

XI. Payment Terms

11.1 Unless otherwise expressly agreed in writing, the Client shall pay an advance payment of fifty per cent (50%) of the estimated total contract value upon acceptance of the assignment.

Unless otherwise agreed in writing, the remaining balance shall become due immediately upon completion of the commissioned work where the final amount can be determined by the Client, or otherwise immediately upon issuance of the invoice.

All invoices are payable without deduction, set-off or withholding, free of bank charges and transaction costs.

Where payment is made by bank transfer, payment shall be deemed received only when the invoiced amount has been irrevocably credited to the bank account of michael preschl photography.

11.2 For assignments comprising multiple stages, productions, deliveries or partial services, michael preschl photographyshall be entitled to issue interim or partial invoices following completion of each individual stage or deliverable.

11.3 In the event of late payment, michael preschl photography shall be entitled, without prejudice to any further statutory or contractual rights and claims for damages, to charge default interest at the rate of five (5) percentage points per annum above the applicable Austrian base interest rate (Basiszinssatz) from the due date until payment has been received in full.

11.4 Where ownership of delivered photographic works is intended to pass to the Client, such transfer of ownership shall take effect only after full payment of all outstanding amounts, including the agreed photography fee, licence fees (where applicable), expenses and any ancillary costs.

The Photographer’s exercise of this retention of title shall not, in itself, constitute a withdrawal from the contract unless expressly declared in writing by michael preschl photography.

XII. Data Protection

12.1
The Client expressly agrees that michael preschl photography may collect, store and process the personal data provided by the Client—including, but not limited to, name, postal address, email address, telephone number, payment details, bank account information and, where applicable, credit card information—for the purposes of performing the contractual relationship, providing ongoing client support, administering the business relationship and, subject to applicable data protection laws, promoting the Photographer’s own services.

Where permitted by applicable law, the Client further agrees to receive marketing communications by electronic means until such consent is withdrawn. The Client may withdraw such consent at any time with effect for the future.

The processing of personal data shall be carried out in accordance with the applicable provisions of the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the Austrian Data Protection Act (Datenschutzgesetz – DSG) and any other applicable data protection legislation.

The Client acknowledges the following Privacy Notice unless a more detailed privacy notice has already been provided.

Privacy Notice

12.2 Data Controller

For the purposes of the GDPR, michael preschl photography acts as the Data Controller in relation to the processing of the Client’s personal data.

12.3 Purpose of Processing

Personal data shall be processed for the following purposes:

the preparation, conclusion and performance of contracts;
the fulfilment of orders and commissioned services;
customer communication and project administration;
invoicing, accounting and payment processing;
the lawful use of photographic works where contractually agreed;
the presentation and promotion of michael preschl photography, including the use of photographic works for portfolio, website, social media, exhibitions, publications and other marketing activities where legally permissible or separately agreed; and
direct marketing relating to the Photographer’s own services, where permitted by applicable law or based on the Client’s consent.

12.4 Categories of Personal Data and Legal Basis

For the purposes described above, michael preschl photography may process the following categories of personal data:

name;
company name (where applicable);
postal address;
telephone and mobile numbers;
email address;
bank and payment details;
billing information;
photographic and image data;
and any additional information voluntarily provided by the Client during the contractual relationship.

Processing is carried out on the basis of:

Article 6(1)(b) GDPR (performance of a contract or pre-contractual measures);
Article 6(1)(c) GDPR (compliance with legal obligations);
Article 6(1)(f) GDPR (legitimate interests of michael preschl photography); and
where required, Article 6(1)(a) GDPR (the Client’s consent).

12.5 Disclosure of Personal Data

Personal data shall be disclosed only where necessary for the performance of the contract, where required by law or where the Client has expressly consented.

Recipients may include, where applicable:

service providers engaged in connection with the assignment;
printers, publishers, advertising agencies and media organisations;
subcontractors and production partners;
IT service providers and cloud storage providers;
professional advisers, including legal and tax advisers;
financial institutions and payment service providers; and
public authorities where disclosure is required by applicable law.

Personal data shall not be disclosed to third parties for purposes unrelated to the contractual relationship unless required by law or expressly authorised by the Client.

I. Scope and Applicability of the General Terms and Conditions

1.1 These General Terms and Conditions (“GTC”) shall apply exclusively where michael preschl photography enters into a contractual relationship with a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG).

1.2 All services provided by michael preschl photography are rendered exclusively on the basis of these General Terms and Conditions. Unless otherwise expressly agreed in writing by michael preschl photography, these GTC shall also apply to all future business relationships between the parties, even where no express reference is made to them in individual cases.

1.4 All quotations, proposals and offers issued by michael preschl photography are non-binding and subject to change unless expressly stated otherwise in writing.

II. Copyright and Intellectual Property Rights

No licence or right of use, including publication rights, shall be deemed granted unless expressly agreed in writing. Where such permission has been expressly granted, the Client shall receive a non-exclusive, non-transferable and non-assignable licence to use the photographic works solely for the expressly agreed purpose and strictly within the agreed scope of use, including any limitations relating to quantity, territory, duration or media.

In the absence of an express agreement, the scope of use specified in the relevant invoice or delivery note shall be deemed decisive. Under no circumstances shall the Client acquire rights exceeding the purpose expressly disclosed by the contractual agreement or assignment.

Unless otherwise agreed in writing, any licence granted shall apply exclusively to one single publication, in the expressly agreed medium, and shall not include any advertising, promotional or commercial use.

Unless otherwise agreed, the following credit shall be used:

Photo © michael preschl photography
together with the place of first publication and, where applicable, the year of first publication.

2.3 No photograph may be altered, edited, manipulated, cropped or otherwise modified without the prior written consent of michael preschl photography.

This restriction shall not apply only where such modification is objectively necessary to fulfil the contractual purpose known to the Photographer at the time the agreement was concluded.

2.5 Where the photographic works are published, the Client shall provide michael preschl photography with two complimentary copies of the published work.

For high-value publications, such as art books or comparable premium productions, one complimentary copy shall be sufficient.

Where publication takes place online, the Client shall provide michael preschl photography with the relevant website address or URL on which the photographic works are published.

III. Ownership of Photographic Materials and Archiving

3.1.1 Analogue Photography

Ownership of all exposed photographic film, including but not limited to negatives, transparencies and other analogue originals, shall remain exclusively with michael preschl photography.

Upon payment of the agreed fee, the Client shall acquire ownership only of those photographic prints or reproductions expressly supplied for the agreed purpose of use. Until full payment of the agreed purchase price has been received, all delivered photographic works shall remain the property of michael preschl photography.

3.1.2 Digital Photography

All ownership rights in the original digital image files, including RAW files and all other digital source files, shall remain exclusively with michael preschl photography.

The Client shall have no entitlement to receive digital image files unless expressly agreed in writing. Unless otherwise agreed, any such delivery shall comprise only a selected number of edited image files and shall not include the complete image archive or all photographs produced during the assignment.

Any licence granted for the use of digital image files shall be limited exclusively to the scope of rights set out in Clause 2.1 of these General Terms and Conditions.

3.2 The reproduction, distribution or storage of photographic works in online databases, electronic archives, websites, internet platforms, intranets intended for use beyond the Client’s internal purposes, or on digital storage media of any kind, including but not limited to CDs, DVDs, external storage devices or comparable media, shall require the prior written consent of michael preschl photography.

The Client’s right to create a reasonable backup copy for personal or internal security purposes shall remain unaffected.

3.3 Without assuming any legal obligation to do so, michael preschl photography may archive the photographic works for a period of one (1) year following completion of the assignment.

No liability shall be accepted for the loss, accidental deletion or damage of archived materials after delivery, and the Client shall have no claims arising from such loss or damage.

IV. Copyright Notice and Attribution

The Client shall ensure that such copyright notice, author attribution or identifying mark remains complete, visible and unaltered at all times. This obligation shall also apply where the photographic works are lawfully supplied or transferred to third parties, including, but not limited to, printers, publishers or other service providers.

The Client shall not intentionally remove, alter or impair any copyright management information, metadata or other electronic identification that enables michael preschl photography to be clearly identified as the author and copyright holder of the photographic works.

V. Client Responsibilities and Ancillary Obligations

The Client shall indemnify and hold harmless michael preschl photography against any and all claims, damages, liabilities, costs and expenses arising from the absence or insufficiency of such rights or permissions, including, but not limited to, claims relating to the right to one’s own image pursuant to Section 78 of the Austrian Copyright Act (Urheberrechtsgesetz – UrhG) and claims for use pursuant to Section 1041 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch – ABGB).

5.2
Where michael preschl photography is commissioned to digitally edit, retouch or otherwise process photographs or image files supplied by the Client or by third parties on the Client’s behalf, the Client warrants that it holds all necessary rights, licences and permissions for such processing.

5.3
The Client shall collect any products, objects, samples or other materials provided for the photographic production immediately upon completion of the assignment.

Should such items not be collected within two (2) business days after the Client has been requested to do so, michael preschl photography shall be entitled to charge reasonable storage fees or arrange storage at the Client’s expense.

All transportation, storage and related costs shall be borne exclusively by the Client.

IV. Copyright Notice and Attribution

V. Client Responsibilities and Ancillary Obligations

michael preschl photography warrants the existence of such third-party permissions only where this has been expressly confirmed in writing for the contractually agreed purpose of use in accordance with Clause 2.1.

5.3 The Client shall collect any products, objects, samples or other materials provided for the photographic production immediately upon completion of the assignment.

All transportation, storage and related costs shall be borne exclusively by the Client.

VI. Loss and Damage

6.1 In the event of the loss of or damage to photographic works produced under the assignment, including but not limited to transparencies, negatives and digital image files, michael preschl photography shall be liable—irrespective of the legal basis of the claim—only in cases of intent or gross negligence, unless mandatory statutory provisions provide otherwise.

Liability shall be limited to the Photographer’s own fault and that of its employees. With respect to third parties engaged in connection with the assignment, such as photographic laboratories or other service providers, michael preschl photography shall be liable only for intent or gross negligence in their selection.

Any liability shall be limited to the replacement of the material value of the lost or damaged items and, where reasonably possible, the reproduction of the photographic works at no additional charge.

To the fullest extent permitted by applicable law, the Client shall have no further claims. In particular, michael preschl photography shall not be liable for travel or accommodation expenses, third-party production costs (including models, assistants, stylists, make-up artists or other production personnel), loss of profit, consequential damages or non-material damages.

Claims for damages arising from slight negligence are excluded to the extent permitted by applicable law.

6.2 Clause 6.1 shall apply accordingly to the loss of or damage to any materials, originals or property supplied by the Client, including, but not limited to, films, layouts, display materials, artwork, products, props or other production items.

The Client shall be responsible for arranging adequate insurance cover for any items of exceptional value supplied for the photographic production.

VII. Early Termination

7.1 michael preschl photography shall be entitled to terminate the contract with immediate effect for good cause.

Good cause shall include, but shall not be limited to, the following circumstances:

insolvency, bankruptcy, restructuring or comparable proceedings are commenced against the Client’s assets, or an application for such proceedings is rejected due to insufficient assets to cover the costs of the proceedings;
the Client suspends payments or circumstances arise that reasonably give rise to concerns regarding the Client’s financial standing or creditworthiness, and the Client fails, upon request by michael preschl photography, to provide an appropriate advance payment or adequate security;
performance of the agreed services becomes impossible or is materially delayed for reasons attributable to the Client, including where such delay continues despite michael preschl photography having granted an additional period of fourteen (14) days for performance; or
despite receiving written notice and an additional fourteen (14) day cure period, the Client continues to materially breach its contractual obligations, including, but not limited to, failure to pay any due instalment or failure to fulfil essential obligations of cooperation required for the proper performance of the contract.

VIII. Performance of Services and Warranty

8.1 michael preschl photography shall perform all commissioned services with due professional care and in accordance with recognised professional standards.

The Photographer shall be entitled to engage qualified third parties to perform all or part of the contracted services.

Variations from previous assignments or deliveries shall not, in themselves, constitute a defect or deficiency.

Except where mandatory statutory provisions provide otherwise, michael preschl photography shall be liable only for damage caused intentionally or through gross negligence.

8.3 The Client shall bear all risks arising from circumstances beyond the reasonable control of michael preschl photography, including, but not limited to, adverse weather conditions affecting outdoor productions, delays in the delivery of products or props, the unavailability of models, travel disruptions, force majeure or comparable events.

8.4 All deliveries and shipments shall be made at the Client’s expense and risk, unless otherwise agreed in writing.

8.5 No liability shall arise for insignificant or immaterial defects that do not materially affect the agreed use of the photographic works.

Minor colour variations, including those occurring in subsequent print runs or repeat productions, shall not constitute a material defect.

The limitation of liability set out in Clause 6.1 shall apply accordingly.

8.6 Binding delivery dates or production deadlines shall apply only where expressly confirmed in writing by michael preschl photography.

In the event of any delay in performance or delivery, the limitation of liability set out in Clause 6.1 shall apply accordingly.

8.7 Any licence granted by michael preschl photography relates exclusively to the use of the photographic works.

IX. Fees and Remuneration

In such cases, no reduction of the agreed photography fee shall apply.

This shall also apply where such services or materials are procured or organised by michael preschl photography on behalf of the Client.

The same applies to any extraordinary organisational effort, additional project management or consultation exceeding the scope normally required for the assignment.

9.7 All fees and prices are quoted exclusive of Value Added Tax (VAT), which shall be charged separately at the statutory rate applicable at the time of invoicing.

9.8 The Client shall not be entitled to set off any claims against amounts owed to michael preschl photography, except where:

michael preschl photography is insolvent;
the Client’s counterclaim is legally connected with the Photographer’s claim; or
the Client’s counterclaim has been finally determined by a court of competent jurisdiction or expressly acknowledged in writing by michael preschl photography.

9.9 Price Adjustments / Indexation

The agreed prices shall apply from the date of conclusion of the contract.

A price adjustment pursuant to this Clause shall not entitle the Client to terminate, rescind or withdraw from the contract.

X. Licence Fee

10.1 Unless expressly agreed otherwise in writing, the granting of any licence or right of use by michael preschl photographyshall be subject to a separate licence fee, payable in addition to the agreed photography or production fee.

XI. Payment Terms

11.1 Unless otherwise expressly agreed in writing, the Client shall pay an advance payment of fifty per cent (50%) of the estimated total contract value upon acceptance of the assignment.

Unless otherwise agreed in writing, the remaining balance shall become due immediately upon completion of the commissioned work where the final amount can reasonably be determined by the Client, or otherwise immediately upon issuance of the invoice.

All invoices are payable without deduction, free of bank charges and transaction costs.

Where payment is made by bank transfer, payment shall be deemed received only when the invoiced amount has been irrevocably credited to the bank account of michael preschl photography.

The exercise of this retention of title by michael preschl photography shall not, in itself, constitute a withdrawal from the contract unless such withdrawal is expressly declared in writing.

XII. Data Protection

12.1 The Client expressly agrees that michael preschl photography may collect, store and process the personal data provided by the Client—including, but not limited to, name, postal address, email address, telephone number, payment details, bank account information and, where applicable, credit card information—for the purposes of performing the contractual relationship, providing ongoing client support, administering the business relationship and, where permitted by applicable law, promoting the Photographer’s own services.

Where permitted by applicable law, the Client further agrees to receive marketing communications by electronic means until such consent is withdrawn. Consent may be withdrawn at any time with effect for the future.

Unless the Client has already received a more comprehensive privacy notice, the following Privacy Notice shall apply and shall be deemed to fulfil the Photographer’s statutory information obligations.

Privacy Notice

12.2 Data Controller

For the purposes of the GDPR, michael preschl photography acts as the Data Controller in relation to the processing of the Client’s personal data.

12.3 Purpose of Processing

Personal data shall be processed for the following purposes:

the preparation, conclusion and performance of contracts;
the fulfilment of orders and commissioned services;
customer communication and project administration;
invoicing, accounting and payment processing;
the contractual use of photographic works where agreed;
the presentation and promotion of michael preschl photography, including the use of photographic works for portfolios, websites, social media, exhibitions, publications and other marketing activities where legally permissible or separately agreed; and
direct marketing relating to the Photographer’s own services, where permitted by applicable law or based on the Client’s consent.

12.4 Categories of Personal Data and Legal Basis

For the purposes described above, michael preschl photography may process the following categories of personal data:

name;
company name (where applicable);
postal address;
telephone and mobile numbers;
email address;
bank and payment details;
photographic and image data; and
any additional information voluntarily provided by the Client during the contractual relationship.

Processing is carried out on the basis of:

Article 6(1)(b) GDPR (performance of a contract or pre-contractual measures);
Article 6(1)(c) GDPR (compliance with legal obligations);
Article 6(1)(f) GDPR (legitimate interests of michael preschl photography); and
where required, Article 6(1)(a) GDPR (the Client’s consent).

12.5 Disclosure of Personal Data

Personal data shall be disclosed only where necessary for the performance of the contract, where required by law or where the Client has expressly consented.

Recipients may include, where applicable:

service providers engaged in connection with the assignment;
printers, publishers, advertising agencies and media organisations;
subcontractors and production partners;
IT service providers and cloud service providers;
professional advisers, including legal and tax advisers;
financial institutions and payment service providers; and
public authorities where disclosure is required by applicable law.

Personal data shall not be disclosed to third parties for purposes unrelated to the contractual relationship unless required by law or expressly authorised by the Client.

12.6 Retention Period

Personal data shall be retained only for as long as reasonably necessary to fulfil the purposes described above and to the extent permitted or required by applicable law.

Data may be retained for longer periods where statutory retention obligations apply or where this is necessary for the establishment, exercise or defence of legal claims until the applicable limitation periods have expired.

12.7 Client Rights

Subject to applicable law, the Client has the right to:

obtain confirmation as to whether personal data is being processed and receive a copy of such data (excluding the photographic works themselves);
request the correction, completion or deletion of inaccurate or unlawfully processed personal data;
request the restriction of processing where the legal requirements are met;
object, under certain circumstances, to the processing of personal data or withdraw any consent previously given with effect for the future;
receive personal data in a structured, commonly used and machine-readable format (data portability), where applicable;
obtain information about the recipients or categories of recipients to whom personal data has been disclosed; and
lodge a complaint with the competent supervisory authority if the Client believes that the processing of personal data violates applicable data protection law.

12.8 Contact Details of the Data Controller

If the Client has any questions regarding the processing of personal data or wishes to exercise any of the rights described above, the Client may contact michael preschl photography, acting as the Data Controller, using the contact details provided in the contract, on the Photographer’s website or in the legal notice (Imprint).

XIII. Use of Photographic Works for the Photographer’s Promotional Purposes

13.1 Unless expressly agreed otherwise in writing, michael preschl photography shall be entitled to use the photographic works created in the course of the assignment for the promotion of the Photographer’s business and professional activities.

Such promotional use may include, without limitation, the Photographer’s website, portfolio, social media channels, exhibitions, competitions, publications, presentations, editorial features, marketing materials and other promotional media.

13.2 To the extent permitted by applicable law, the Client expressly grants michael preschl photography permission to publish and use the photographic works for the promotional purposes described above.

The Client waives any claims arising from such authorised use, including, without limitation, claims relating to the protection of one’s own image pursuant to Section 78 of the Austrian Copyright Act (Urheberrechtsgesetz – UrhG)and claims for remuneration pursuant to Section 1041 of the Austrian Civil Code (ABGB), unless otherwise expressly agreed in writing.

13.3 Where the use of personal data or identifiable images requires consent under applicable data protection legislation, the Client expressly consents to the processing and publication of such personal data and photographic works for the Photographer’s own promotional purposes in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

Where such consent is required by law, it may be withdrawn by the Client at any time with effect for the future. The withdrawal of consent shall not affect the lawfulness of any processing carried out prior to such withdrawal.

XIV. Final Provisions

14.1 Jurisdiction

For all legal actions brought against a Client who, at the time the proceedings are commenced, has their domicile, habitual residence or place of employment in Austria, jurisdiction shall lie exclusively with the court having territorial jurisdiction over the Client’s domicile, habitual residence or place of employment.

Where the Client is a consumer who does not have a domicile in Austria at the time of the conclusion of the contract, the applicable statutory rules on jurisdiction shall apply.

14.2 Applicable Law

Any right of recourse asserted by the Client or by third parties against michael preschl photography under the Austrian Product Liability Act (Produkthaftungsgesetz – PHG) shall be excluded unless the party asserting the claim proves that the defect originated within the sphere of michael preschl photography and was caused intentionally or through at least gross negligence.

The contractual relationship shall be governed exclusively by the substantive laws of the Republic of Austria, excluding its conflict of laws provisions.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

The contractual language shall be German.

Where the mandatory consumer protection provisions of the law of the country in which the Client has their habitual residence apply under applicable private international law, including the Rome I Regulation (Regulation (EC) No. 593/2008) or any successor legislation, the foregoing choice of Austrian law shall not deprive the Client of the protection afforded by such mandatory provisions.

14.3 Application to Motion Picture Productions

These General Terms and Conditions shall apply accordingly to all motion picture productions, cinematographic works, moving images and audiovisual productions commissioned from michael preschl photography, irrespective of the recording medium, production method or technology used, including, without limitation, film, digital cinema, video or comparable audiovisual formats.

Kontakt:
michael preschl photography
Michael-Walz-Gasse 20
5020 Salzburg / Austria
+43/660/767 23 13

General Terms and Conditions (GTC)

I. Scope and Applicability of the General Terms and Conditions

II. Copyright and Intellectual Property Rights

III. Ownership of Photographic Materials and Archiving

IV. Copyright Notice and Attribution

V. Client Responsibilities and Ancillary Obligations

VI. Loss and Damage

VII. Early Termination

VIII. Performance of Services and Warranty

IX. Fees and Remuneration

X. Licence Fee

XI. Payment Terms

XII. Data Protection

Privacy Notice

12.2 Data Controller

12.3 Purpose of Processing

12.4 Categories of Personal Data and Legal Basis

12.5 Disclosure of Personal Data

I. Scope and Applicability of the General Terms and Conditions

II. Copyright and Intellectual Property Rights

III. Ownership of Photographic Materials and Archiving

IV. Copyright Notice and Attribution

V. Client Responsibilities and Ancillary Obligations

IV. Copyright Notice and Attribution

V. Client Responsibilities and Ancillary Obligations

VI. Loss and Damage

VII. Early Termination

VIII. Performance of Services and Warranty

IX. Fees and Remuneration

X. Licence Fee

XI. Payment Terms

XII. Data Protection

Privacy Notice

12.2 Data Controller

12.3 Purpose of Processing

12.4 Categories of Personal Data and Legal Basis

12.5 Disclosure of Personal Data

12.6 Retention Period

12.7 Client Rights

12.8 Contact Details of the Data Controller

XIII. Use of Photographic Works for the Photographer’s Promotional Purposes

XIV. Final Provisions