Terms

General Terms and Conditions (GTC) of Simon Pokorny (DLx-Media.com)

§ 1 Scope of Application

(1) These General Terms and Conditions apply to all business relationships, commissions, and the use of the website https://simonthephotographer.com/ between Simon Pokorny / DLx-Media.com (hereinafter referred to as the "Photographer") and the visitors of the website as well as the contracting parties (hereinafter referred to as the "Client").

(2) Deviating conditions of the Client are not recognized unless the Photographer expressly agrees to their validity in writing.

§ 2 Copyright and Usage Rights of Website Content

(1) The sole copyright to all photographs, texts, and other works presented on the website remains with the Photographer (in accordance with the German Copyright Act – UrhG).

(2) The images shown on this website are exclusively for private viewing and presentation of the Photographer's portfolio.

(3) Any use, reproduction, distribution, editing, storage, or downloading of the images without the prior express written consent of the Photographer is strictly prohibited and will be legally prosecuted.

(4) The publishing and exploitation rights for the displayed images lie, depending on the contractual agreement and event, with the Berlin photo agency Pic-One.de or with the respective clients (e.g., music magazines, bands, labels, organizers, venues). Therefore, any commercial or editorial interest in specific recordings by third parties must be clarified in advance with the Photographer or the respective copyright holders.

§ 3 Audience Recordings, Right to One's Own Image, and Goodwill

(1) Concert, festival, and event photography involves the documentation of public events. Persons photographed in the audience or as part of the event are legally generally considered an "accessory" (Beiwerk, Section 23 (1) No. 2 KUG) or as part of a public assembly or procession (Section 23 (1) No. 3 KUG). An explicit written consent (model release) of each individual person depicted in the audience is therefore not required for the creation and editorial/artistic publication as part of event reporting.

(2) Goodwill Policy: Despite the clear legal basis, a respectful and transparent approach to event visitors is very important to the Photographer. Should a person clearly recognize themselves in one of the images published on the website, feel uncomfortable with it, or disagree with the publication, they can contact info@simonthephotographer.com at any time. The Photographer will promptly review the request and, out of pure goodwill and without acknowledging any legal obligation, remove the respective image from the website or blur/pixelate the affected person.

§ 4 Bookings, Commissions, and Fees

(1) Inquiries for shoots, concert coverage, festivals, or tour documentations can be made via the contact options provided on the website. A binding contract is only concluded upon written confirmation (e-mail is sufficient) by the Photographer.

(2) Unless otherwise agreed, the fee is calculated individually based on the effort, intended use, reach, and duration of the assignment.

(3) The Photographer selects the images provided to the Client after the event at his own artistic discretion. Complaints regarding the Photographer's usual artistic style, as visible in the portfolio, are excluded.

(4) Invoices are payable without deduction within 14 days of invoicing, unless otherwise individually agreed.

(5) If the Client cancels a binding booking at short notice, the Photographer reserves the right to charge a reasonable cancellation fee, unless a mutual postponement is agreed upon.

§ 5 Liability

(1) The Photographer is only liable for damages – regardless of the legal grounds – in cases of intent and gross negligence. For slight negligence, he is only liable in the event of a breach of essential contractual obligations (cardinal obligations).

(2) The Photographer assumes no liability for the loss or damage of digital image data after successful delivery to the Client. The Photographer is not obliged to permanently archive image data beyond the mere execution of the order, unless this has been explicitly agreed in writing.

§ 6 Final Provisions

(1) The law of the Federal Republic of Germany shall apply exclusively.

(2) The place of jurisdiction for all disputes arising from the contractual relationship is Berlin, provided the Client is a merchant, a legal entity under public law, or a special fund under public law.

(3) Should a provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally permissible provision that comes closest to the economic and intended purpose of the original provision.