Marc Fippel Photography

Part 1 – Basics

1. Scope
These General Terms and Conditions apply to all services provided by Marc Fippel in the areas of photography, videography, film production, content production, and media production. This includes, in particular, corporate photography, business photography, advertising shots, employee portraits, personal branding, event coverage, reports, video productions, social media content, reels, interviews, fine art prints, image and video editing, retouching, as well as online galleries. They apply to private individuals, companies, agencies, and public clients.

2. Offer and Conclusion of Contract
Offers are non-binding. A contract is concluded by written acceptance of the offer or a written booking confirmation. By concluding the contract, the client accepts these GTC.

3. Scope of Services
The scope of services is exclusively derived from the offer or written agreement. Extensions or changes will be agreed separately and may be additionally charged.

4. Creative Design
Imagery, lighting, perspective, color scheme, retouching, film editing, and style are based on the creative signature of Marc Fippel, unless otherwise agreed in writing.

5. Cooperation Obligations
The client provides all necessary information, contacts, approvals, and releases in a timely manner. Delays appropriately extend delivery deadlines. Additional effort incurred may be charged.

6. Use of External Service Providers
Marc Fippel may employ qualified freelancers and external service providers for retouching, image and video editing, layout, data backup, transcriptions, and organizational services. Overall responsibility remains with Marc Fippel.

Part 2 – Production, Dates and Execution

7. Appointment Reservation
With the booking confirmation, the agreed appointment is reserved exclusively. Other inquiries may be declined for this period.

8. Rebookings
Rebookings are generally possible but require written consent. Unless otherwise agreed, an administrative rebooking fee of up to 15% of the agreed contract value may be charged.

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

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

The decisive factor is always the time of written receipt of the cancellation. In case of rescheduling, Marc Fippel Photography reserves the right to charge a cancellation fee or a rebooking fee of 15% of the agreed contract value. Already incurred external costs, especially for travel, studios, assistants, makeup artists, technology, or locations, must be fully reimbursed.

10. Force Majeure
If a production cannot be carried out due to illness, accidents, official orders, extreme weather conditions, or other unforeseeable events, both parties will endeavor to find a replacement date. Further claims for damages are excluded as far as legally permissible.

11. Productions at Home and Abroad
Productions can be carried out domestically and internationally. Travel times, overnight stays, permits, parking fees, tolls, flights, and other project-related incidental costs will be charged according to the agreement or actual expenses.

12. Permits
Required filming or photography permits as well as consents from third parties must be obtained by the client in a timely manner, unless otherwise agreed.

13. Drone Footage
Drone footage is carried out exclusively within the framework of the applicable legal regulations. If a planned drone operation cannot be carried out for legal or safety reasons, this does not constitute a defect in the agreed service.

14. Production Process
The specific process of a production will be coordinated jointly. Changes during the production day may affect the schedule, scope of services, and remuneration and will be agreed separately or charged based on effort.

Part 3 – Compensation, Payment Terms and Usage Rights

15. Remuneration
Only the prices agreed in the respective offer or contract apply. All price indications are, unless otherwise stated, plus statutory VAT. Additional services not part of the original offer will be charged based on effort or according to the current price list.

16. Payment Terms
Invoices are due for payment within 14 calendar days without deduction, unless otherwise agreed. For larger productions, a reasonable down payment may be requested. All usage rights remain with the contractor until full payment is made.

17. Usage Rights
The client receives only the usage rights agreed in the offer. Unless otherwise agreed, this is a simple, non-exclusive, and non-transferable usage right. Use beyond the agreed scope requires written consent.

18. Transfer to Third Parties
The transfer of image or video data to agencies, press, partner companies, franchise businesses, or other third parties is only permitted if expressly agreed or if corresponding usage rights have been acquired.

19. Buyout
If a buyout is agreed, its scope is determined exclusively by the written agreement. A buyout only includes the expressly defined usage rights and does not constitute a transfer of copyright.

20. Copyright
Copyright remains solely with Marc Fippel regardless of the scope of the granted usage rights. Attribution is welcome as long as it is industry-standard and technically feasible.

21. Self-Promotion
Unless otherwise agreed in writing or confidentiality rules apply, Marc Fippel may use the created works for portfolio, website, social media, competitions, presentations, and self-promotion after prior coordination with the client.

22. International Use
Usage rights apply only within the contractually agreed scope. International campaigns, group-wide uses, or worldwide advertising campaigns require a separate agreement.

Part 4 – Artificial Intelligence, Postproduction and Digital Workflows

23. Use of Artificial Intelligence
Modern software-based methods including applications based on artificial intelligence may be used to support service delivery. This includes in particular image selection, technical optimizations, color corrections, retouching, cutouts, video editing, transcriptions, subtitles, and organizational processes. The overall creative responsibility, quality control, and final approval of all results remain solely with Marc Fippel.

24. External Post-Production
External retouchers, editors, designers, translators, and other specialized service providers may be employed to fulfill the contract. They are carefully selected and, if necessary, contractually obligated in compliance with data protection regulations.

25. Cloud Systems and Digital Workflows
Cloud systems and digital project management platforms may be used for data exchange, project management, data backup, and collaboration. Their use complies with the applicable data protection regulations.

26. Data Backup
Appropriate measures for data backup will be taken during the project duration. Permanent archiving beyond the agreed period is not owed.

27. Protection of Visual Style
The delivered image and video design represents the personal creative signature of Marc Fippel. Changes that significantly alter the character of the footage require prior written consent.

28. Prohibition of AI Use by the Client
The delivered image and video data may not be used without prior written consent, in particular not for training artificial intelligences, building datasets, creating AI-generated derivatives, deepfakes, or comparable automated content.

29. Subsequent Editing
Subsequent editing of the delivered files using automatic filters, beauty applications, generative AI systems, or comparable technologies is only permitted if it does not significantly alter the character of the footage or has been previously approved in writing.

30. Digital Processes
Digital systems and AI-supported applications may be used to optimize administrative processes such as scheduling, offer creation, project management, communication, and invoicing. Automated decision-making within the meaning of the GDPR does not occur.

Part 5 – Content Production, Film and Digital Media

31. Content Production
The scope of services may include, in addition to classic photography, film productions, reels, interviews, social media content, image films, audio recordings, short videos, podcasts, drone footage, and other digital media formats. Only the written service description in the offer is decisive.

32. Film Productions
Storyboard, shooting planning, editing, color correction, sound design, subtitles, and final outputs are carried out according to the agreed service. Creative decisions about editing, dramaturgy, and design are the responsibility of Marc Fippel unless otherwise agreed.

33. Approvals
The client commits to providing image and video approvals as well as correction requests within a reasonable period. Delayed approvals may shift delivery dates accordingly.

34. Correction Loops
Unless otherwise agreed, up to three correction loops are included in the offer. Additional change requests will be charged based on time spent.

35. Delivery Times
Delivery times generally begin only after the completion of production as well as after all required information, approvals, and any agreed deposits have been received. Unforeseeable events may reasonably extend delivery dates.

36. Raw Data
RAW files, unedited video recordings, project files, and other production data remain the property of Marc Fippel and will only be released upon explicit written agreement.

37. Online Galleries
Online galleries serve exclusively for the provision and selection of the produced content. They are generally available for six months. After that, there is no entitlement to further availability.

38. Archiving
Project files are archived for at least twelve months. After this period, deletion may occur. Any archiving beyond this requires a separate agreement.

Part 6 – Data Protection, Liability and Final Provisions

39. Data Protection
Personal data is processed exclusively within the framework of applicable data protection laws, especially the GDPR. To the extent necessary for contract fulfillment, personal data may be transmitted to carefully selected external service providers or technical platforms. Where legally required, corresponding agreements on data processing are made.

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

41. Confidentiality
Marc Fippel and engaged service providers commit to using confidential information and project data solely for contract fulfillment and to treat them confidentially towards third parties, unless there is a legal obligation to disclose.

42. Liability
Marc Fippel is liable for damages only in cases of intent or gross negligence, as far as legally permissible. No liability is assumed for data loss, delays due to force majeure, technical system failures, or events beyond the scope of influence. The client is advised to promptly back up delivered data themselves.

43. Changes to the Terms and Conditions
Marc Fippel is entitled to adjust these General Terms and Conditions for future contractual relationships insofar as legal changes or further development of the offered services make this necessary.

44. Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. The place of jurisdiction is, as far as legally permissible, the location of Marc Fippel.

45. Severability Clause
Should individual provisions of these General Terms and Conditions be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The contracting parties undertake to replace the invalid provision with a provision that comes as close as possible to the economic purpose.