Marc Fippel Photography

Part 1 – Fundamentals

1. Scope of Application
These General Terms and Conditions apply to all services provided by Marc Fippel in photography, videography, film production, content production, and media production. This includes, in particular, corporate photography, business photography, commercial shoots, employee portraits, personal branding, event coverage, editorial reportage, video productions, social media content, reels, interviews, fine art prints, image and video editing, retouching, and online galleries. They apply to private individuals, companies, agencies, and public institutions.

2. Quotations and Conclusion of Contract
Quotations are subject to change and non-binding. A contract is established upon written acceptance of the quotation or a written booking confirmation. By concluding the contract, the client accepts these General Terms and Conditions.

3. Scope of Services
The scope of services is governed exclusively by the quotation or the written agreement. Extensions or modifications shall be coordinated separately and may incur additional charges.

4. Creative Direction
Visual language, lighting, perspective, color grading, retouching, film editing, and overall style reflect the signature creative aesthetic of Marc Fippel, unless expressly agreed otherwise in writing.

5. Client Obligations to Cooperate
The client shall provide all required information, contact persons, permissions, and approvals in a timely manner. Delays will appropriately extend delivery deadlines. Any resulting additional expenses may be billed.

6. Engagement of External Service Providers
Marc Fippel is entitled to engage qualified freelancers and external service providers for retouching, image and video editing, layout, data backup, transcriptions, and administrative services. Overall artistic and professional responsibility remains with Marc Fippel.

Part 2 – Production, Scheduling, and Execution

7. Date Reservation
Upon issuance of the booking confirmation, the agreed production date is reserved exclusively for the client. Other inquiries for this timeframe may be declined.

8. Rescheduling
Rescheduling is generally possible, subject to written approval. Unless otherwise agreed, a rescheduling fee of up to 15% of the agreed order value may be charged to cover administrative expenses.

9. Cancellations and Cancellation Fees
In the event of a cancellation by the client, the following cancellation fees shall apply:

• up to 6 months prior to the agreed date: 10% of the agreed order value
• up to 3 months prior to the agreed date: 25% of the agreed order value
• up to 6 weeks prior to the agreed date: 50% of the agreed order value
• up to 3 weeks prior to the agreed date: 75% of the agreed order value
• up to 1 week prior to the agreed date: 100% of the agreed order value

The determining factor is the date on which written notice of cancellation is received. In the event of a date postponement, Marc Fippel Fotografie reserves the right to charge a cancellation fee or a rescheduling flat fee of 15% of the agreed order value. External expenses already incurred—specifically for travel, studios, assistants, hair & makeup artists, equipment, or locations—must be reimbursed in full.

10. Force Majeure
If a production cannot take place due to illness, accidents, official government orders, severe weather conditions, or other unforeseen events beyond control, both parties shall make reasonable efforts to arrange an alternative date. Further claims for damages are excluded to the extent permitted by law.

11. Domestic and International Productions
Productions may be executed domestically and internationally. Travel time, overnight accommodations, permits, parking fees, road tolls, flights, and other project-related ancillary expenses shall be charged according to the agreement or based on actual expenses incurred.

12. Permits and Clearances
Unless agreed otherwise, any necessary filming or photography permits as well as third-party consents must be obtained by the client in a timely manner.

13. Drone Operations
Drone footage is captured strictly within the framework of applicable statutory regulations. If a planned drone operation cannot be executed for legal or safety-related reasons, this shall not constitute a defect in the agreed scope of services.

14. Production Schedule
The specific schedule of a production is coordinated collaboratively. Modifications during the production day may affect timeline, scope of services, and compensation, and will be agreed upon separately or billed on a time-and-materials basis.

Part 3 – Remuneration, Payment Terms, and Usage Rights

15. Remuneration
The prices stipulated in the respective quotation or contract apply exclusively. Unless otherwise specified, all price quotes are net of applicable statutory value-added tax (VAT). Additional services not included in the original quotation will be billed according to time and expense or in accordance with the current price list.

16. Terms of Payment
Invoices are due for payment within 14 calendar days without deduction, unless agreed otherwise. For major productions, a reasonable deposit may be required. All usage rights remain with the contractor until payment has been received in full.

17. Usage Rights
The client acquires exclusively the usage rights specified in the quotation. Unless otherwise agreed, this constitutes a simple, non-exclusive, and non-transferable right of use. Any usage beyond the agreed scope requires prior written consent.

18. Transfer to Third Parties
The transfer of image or video files to agencies, press outlets, partner enterprises, franchise operations, or other third parties is permissible only if explicitly agreed or if the appropriate usage rights have been acquired for this purpose.

19. Buyouts
If a buyout is agreed upon, its scope is defined exclusively by the written contract. A buyout includes only the explicitly specified usage rights and does not constitute a transfer of copyright.

20. Copyright
Copyright remains exclusively with Marc Fippel, irrespective of the scope of usage rights granted. Attribution of authorship is welcomed wherever customary in the industry and technically feasible.

21. Self-Promotion
Unless a diverging written agreement or confidentiality clause exists, Marc Fippel may use the resulting works for portfolio presentation, website, social media, competitions, client presentations, and self-promotional purposes following prior consultation with the client.

22. International Usage
Usage rights apply exclusively within the contractually agreed territory and scope. International campaigns, corporate group-wide deployments, or worldwide advertising campaigns require a separate agreement.

Part 4 – Artificial Intelligence, Post-Production, and Digital Workflows

23. Use of Artificial Intelligence
To support service delivery, state-of-the-art software-assisted workflows, including artificial intelligence-based applications, may be employed. This encompasses, in particular, image curation, technical optimization, color grading, retouching, object isolation, video editing, transcriptions, subtitles, and administrative workflows. Creative oversight, quality assurance, and final sign-off on all deliverables remain exclusively with Marc Fippel.

24. External Post-Production
To fulfill the contract, external retouchers, video editors, designers, translators, and other specialized service providers may be engaged. These partners are selected with utmost diligence and, where required, bound by data-protection-compliant contractual agreements.

25. Cloud Systems and Digital Workflows
Cloud systems and digital project management platforms may be utilized for data exchange, project management, data backups, and collaboration. Their implementation strictly adheres to applicable data protection regulations.

26. Data Archiving and Backups
Appropriate data backup measures are implemented throughout the project lifecycle. Permanent archiving beyond the agreed timeframe is not owed.

27. Protection of Visual Signature
The delivered visual and video imagery represents the distinctive creative signature of Marc Fippel. Any alterations that substantially change the character of the work require prior written approval.

28. Prohibition of AI Utilization by the Client
The delivered image and video material may not be used for training artificial intelligence models, constructing datasets, or creating AI-generated derivatives, deepfakes, or comparable automated content without prior written consent.

29. Subsequent Alterations
Subsequent editing of the delivered files using automated filters, beauty filters, generative AI systems, or similar technologies is permitted only to the extent that it does not substantially alter the character of the imagery, or if prior written approval has been granted.

30. Digital Workflows and Administration
To optimize administrative procedures, digital systems and AI-supported applications may be deployed for scheduling, proposal generation, project management, client communications, and invoicing. No automated decision-making as defined by the GDPR takes place.

Part 5 – Content Production, Film, and Digital Media

31. Content Production
Beyond traditional photography, the scope of services may encompass film productions, reels, executive interviews, social media content, corporate brand films, audio recordings, short-form videos, podcasts, aerial drone footage, and other digital media formats. The written service description in the quotation is exclusively definitive.

32. Film Productions
Storyboarding, production planning, editing, color grading, sound design, subtitling, and final master deliverables are executed in accordance with the agreed specifications. Creative decisions regarding editing rhythm, narrative pacing, and aesthetic direction remain with Marc Fippel, unless expressly agreed otherwise.

33. Approvals
The client undertakes to communicate image and video approvals as well as change requests within a reasonable period of time. Delayed approvals may shift delivery dates accordingly.

34. Revision Rounds
Unless agreed otherwise, up to three revision rounds are included in the quotation. Any modification requests extending beyond this will be charged based on the time expended.

35. Delivery Timelines
Delivery periods generally commence only upon completion of production and receipt of all requisite information, approvals, and any agreed-upon advance payments. Unforeseeable events may extend delivery dates appropriately.

36. Raw Data
RAW files, unedited video footage, project files, and other production data remain fundamentally the property of Marc Fippel and shall only be released upon express written agreement.

37. Online Galleries
Online galleries serve exclusively for the presentation and selection of the produced content. As a rule, they remain available for six months. Thereafter, no entitlement to further provision exists.

38. Archiving
Project files are archived for a minimum of twelve months. Following the expiry of this period, deletion may occur. Any archiving extending beyond this requires a separate agreement.

Part 6 – Data Protection, Liability, and Final Provisions

39. Data Protection
Personal data is processed exclusively within the scope of applicable data protection laws, in particular the GDPR. Insofar as necessary for the performance of the contract, personal data may be transferred to carefully selected external service providers or technical platforms. Where legally required, corresponding data processing agreements are concluded.

40. Digital Communication
The client agrees that project-related communication, scheduling, approvals, and change requests may also be conducted via email, video conference, or messaging services. These channels of communication are deemed permissible forms of project execution.

41. Confidentiality
Marc Fippel and any engaged service providers undertake to use confidential information and project data exclusively for the fulfillment of the contract and to treat them confidentially with respect to third parties, unless a statutory disclosure obligation applies.

42. Liability
Marc Fippel is liable for damages only in cases of intent or gross negligence, to the extent permitted by law. No liability is assumed for data loss, delays caused by force majeure, failures of technical systems, or events outside the sphere of influence. The client is advised to back up delivered data independently without delay.

43. Amendments to the Terms and Conditions
Marc Fippel reserves the right to adapt these General Terms and Conditions for future contractual relationships insofar as statutory amendments or the evolution of the services offered necessitate such changes.

44. Final Provisions
The laws of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent permitted by law, the place of jurisdiction shall be the registered office of Marc Fippel.

45. Severability Clause
Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. The contracting parties undertake to replace the invalid provision with a valid regulation that comes as close as possible to its economic intent.