General Terms and Conditions
Nicole Hartwich Fotografie
Last updated: March 2026
Section 1 — Scope
(1) These General Terms and Conditions apply to all contracts between Nicole Hartwich Fotografie, 34497 Korbach (hereinafter “the Photographer”), and her clients for photographic services. These include, in particular, wedding photography, couples sessions and event photography.
(2) Any differing or additional terms and conditions of the client apply only if the Photographer expressly agrees to them in writing.
(3) Individually agreed arrangements between the Photographer and the client take precedence over these Terms and Conditions where individual provisions differ.
Section 2 — Photographic style and artistic approach
(1) The client confirms that they are familiar with the Photographer’s visual language and photographic style from her website, portfolio or published work. By booking, the client expressly accepts this style. The Photographer works within her own artistic approach and documents events authentically and with emotion.
(2) Complaints regarding artistic interpretation, composition, colour or editing are excluded, provided that the Photographer works within her usual style.
(3) The Photographer alone decides which photographs are selected and edited from the material captured. There is no entitlement to receive all photographs taken.
(4) Editing includes basic adjustments such as colour correction, exposure and contrast adjustments, and basic retouching consistent with the Photographer’s style.
The agreed service does not include, in particular:
- extensive beauty retouching
- changes to body shape
- removing or adding people or objects
- complex image manipulation
Such services are available only by individual agreement.
Section 3 — Fees and payment
(1) Fees are set out in the individually agreed quote or contract.
(2) To reserve a date, a deposit of 30% of the total price is required. It is due within 10 days of concluding the contract.
(3) Unless otherwise agreed, the remaining balance must be paid no later than 14 days before the agreed date.
(4) The final edited photographs will be delivered only after the agreed fee has been paid in full.
(5) If coverage is extended at the client’s request, each additional half-hour or part thereof is charged at €160.
Section 4 — Copyright and usage rights
(1) All copyright in the photographs remains with the Photographer in accordance with copyright law.
(2) The client receives a non-exclusive, non-transferable right to use the photographs for private purposes.
(3) Commercial use, sharing the photographs with third parties or modifying the image files is permitted only with the Photographer’s prior written consent.
(4) Usage rights are granted only once the agreed fee has been paid in full.
(5) When publishing photographs on social media, the Photographer must be credited, for example by a link or an appropriate acknowledgement.
(6) There is no entitlement to receive unedited original files (RAW files).
Section 5 — Delivery of photographs
(1) The finished photographs are provided through a digital online gallery.
(2) Final edited photographs are generally delivered within up to 10 weeks of the agreed date.
(3) The online gallery remains available for 3 months.
(4) The client is responsible for downloading and permanently backing up the photographs within this period.
Section 6 — Withdrawal, cancellation and inability to perform
(1) A date is considered firmly booked once:
- the contract has been signed, and
- the agreed deposit has been received.
(2) If the client cancels, the following cancellation charges apply:
- Up to 6 months before the date: the deposit is retained.
- Between 6 and 3 months before the date: 50% of the agreed total price.
- Less than 3 months before the date: 100% of the agreed total price.
The client retains the right to prove that no loss, or a smaller loss, was incurred.
(3) If the Photographer cannot carry out the assignment due to illness, accident or force majeure, all amounts already paid will be refunded in full. No further claims may be made in this case.
Section 7 — Liability
(1) As a general rule, the Photographer is liable only for damage caused intentionally or through gross negligence.
(2) In cases of ordinary negligence, liability applies only to breaches of essential contractual obligations and is limited to typical, foreseeable damage.
(3) No liability is accepted for damage or failures caused by force majeure, technical defects or other unforeseeable events beyond the Photographer’s control.
Section 8 — Use of photographs for promotional purposes
(1) The client grants the Photographer the right to use selected photographs for her own promotional purposes. This includes, in particular, presentation on her website, on social media or in printed materials.
(2) This permitted use forms part of the pricing of the photographic services offered.
(3) If the client does not wish photographs to be published, this must be agreed in writing in advance. An additional charge may apply in that case.
(4) The client agrees to inform their guests that photographs will be taken during the event and that, where agreed, individual photographs may be published.
(5) People who object to publication will either not appear in published photographs or will be shown in a way that makes identification impossible.
Section 9 — Final provisions
(1) Changes or additions to this agreement must be made in text form.
(2) The law of the Federal Republic of Germany applies, taking account of the applicable consumer protection provisions.
(3) If any provision of these Terms and Conditions is wholly or partly invalid, the remaining provisions remain valid.