1. General Provisions

The Client hereby acknowledges that all copyrights belong to and remain with “Janny Hollstein,” hereinafter referred to as “the Photographer,” and that the Client has no claim to them.

All photographs taken are subject to the Photographer’s artistic discretion. The images produced are of a documentary nature. No beauty retouching will be performed. The Client is familiar with the Photographer’s style and therefore expressly waives any claims regarding the artistic discretion exercised by the Photographer as well as the visual and technical means employed.

The Client warrants that they possess the necessary rights to have photographs taken of the photographed objects, animals, and persons. The client undertakes to inform all persons present in advance about the taking of photographs and—where necessary—to obtain their consent. The client indemnifies the photographer against all claims by third parties resulting from a breach of these obligations. Persons who do not wish to be photographed must be clearly identified to the photographer before the start of the event or must make themselves known accordingly.

Permission to take photographs on private property is hereby granted to the photographer. The terms and conditions specified in the respective quote apply to the delivery of the images in terms of format and size.

The client shall provide the photographer with all information necessary for the execution of the assignment in a timely manner, in particular schedules, procedures, and special requests. Delays or additional expenses attributable to incomplete, late, or incorrect information provided by the client shall not be borne by the photographer.

Consumers are entitled to a statutory right of withdrawal of 14 days.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the client is a merchant or does not have a general place of jurisdiction in Germany, the place of jurisdiction is Berlin.

2. Disclaimer

The photo shoot takes place at the sole responsibility of the client and the participating individuals. During the photo shoot, the photographer will provide only creative direction. The client and the participating individuals are solely responsible for carrying out these instructions. The photographer will not issue any instructions that are obviously associated with an increased risk to health or safety. It is the responsibility of the participants to independently assess their individual physical capabilities as well as the local conditions. Instructions that are perceived as unsafe must not be followed. The photographer bears unlimited liability in cases of intent and gross negligence, as well as for damages resulting from injury to life, limb, or health.

In the event of a breach of essential contractual obligations (cardinal obligations) due to slight negligence, the photographer’s liability is limited to foreseeable damages typical for this type of contract.

The photographer shall be liable for the loss of image data or the inability to perform services due to technical defects (in particular in the camera, storage media, or other equipment) only within the scope of the above liability provisions. The photographer shall take reasonable precautions to back up data and use professional equipment. However, the complete and uninterrupted availability of the photographs cannot be guaranteed. In all other respects, the photographer’s liability is excluded.

The client is liable for damage to the photographer’s equipment caused by the client themselves, by third parties commissioned by the client, or by circumstances attributable to the client.

The client is advised to take out appropriate liability insurance for themselves and any persons involved.

The photographer will make every reasonable effort to carry out the photographic services in accordance with the agreement. The client acknowledges that external circumstances beyond the photographer’s control—in particular weather conditions, local conditions, delays, or restrictions imposed by third parties—may affect the execution of individual shots or the overall service. In such cases, there is no entitlement to the execution of specific motifs or shots.

3. Payment and Provision of Services

The prices stated in the offer apply, unless expressly agreed otherwise in writing.

The contract is concluded upon acceptance of the offer. The reservation fee, amounting to 50% of the total price, must be paid within 14 calendar days of acceptance of the offer. The appointment is not bindingly reserved until payment is received. If payment is not received within this period, the photographer is entitled, after sending a single reminder, to withdraw from the contract and assign the appointment to another client. No further notice is required. The remaining balance is due in full upon completion of the shoot and receipt of the invoice. Any deviating payment arrangements (e.g., installment payments) require the photographer’s prior written consent.

Payment is to be made to the following account:

Bank account owner Janny Hollstein

Bank GLS Bank

IBAN  DE08 4306 0967 3198 0187 00

BIC/SWIFT GENODEM1GLS

The photographer is entitled to terminate the contract for good cause. Good cause includes, in particular, offensive, discriminatory, or otherwise unacceptable behavior on the part of the client.

The edited images are typically delivered within 8 weeks of the shoot in digital format (e.g., JPEG) via an online gallery or download function. The release of unedited RAW files is excluded. There is no entitlement to the release of the images until the agreed fee has been paid in full.

Photo albums, art prints, and other products are not included in the offer unless expressly agreed upon and may be ordered separately. Orders may be placed within 12 months of the photo shoot. If shipping is agreed upon, the risk of accidental loss or damage passes to the client upon handover to the shipping carrier, provided that the photographer has properly packaged and shipped the shipment.

The client may terminate the contract at any time. The date of receipt of the notice of termination by the photographer shall be decisive. In the event of termination, the reservation fee will not be refunded.

If the termination occurs less than 8 weeks before the agreed date, the full agreed total price is due, unless the photographer is able to fill the slot with another client. In this case, only the actual loss incurred will be charged. The client reserves the right to prove that no damage or significantly less damage was incurred. A one-time rescheduling is possible free of charge up to 6 months before the agreed date, provided the photographer is available on the new date. Additional fees may apply for later rescheduling or multiple date changes. In the event of a rescheduling, the reservation fee will be applied to the new date. The price valid at the time of the new booking applies. If the event does not take place for reasons attributable to the client, or if the client or the persons to be photographed do not show up for the appointment (no-show), the claim to the agreed-upon fee remains valid.

If the event cannot take place or cannot proceed as planned due to circumstances beyond the control of either the client or the photographer (force majeure), both parties are entitled to reschedule the event. Any payments already made will be credited toward a rescheduled date. If rescheduling is not possible, the photographer’s liability is limited to refunding any payments already made. Further claims are excluded.

If the photographer is unable to carry out the assignment due to illness, accident, or other unforeseeable events, she will endeavor to find a suitable replacement. If no replacement can be found, liability is limited to the refund of payments already made. Further claims are excluded.

4. Rights of Use

All image rights remain with the photographer. The client is granted the right to use and reproduce the delivered images for personal purposes.

If the client displays or uses these images on the internet or social media (Facebook, Instagram, etc.), a clear attribution to the photographer is required, e.g.

Photos by “Johanna Hollstein”

or a link to the Instagram page - https://www.instagram.com/johannahollstein/

Any manipulation of the photos, their sale, participation in photo contests, or commercial use of the photos is not permitted or requires the photographer’s written consent.

The client agrees that the photographs taken may be publicly reproduced in unaltered or altered form by the photographer and by photographers acting on her behalf and carrying out the assignment, without any restriction on the scope of use in terms of subject matter, location, or time, for the purpose of self-promotion by the photographer or by the photographers commissioned by her to carry out the assignment. Images of children are excluded from use. There is no right to publication.

The client is granted the rights to use and reproduce the images for personal use. Any commercial use by the client requires prior agreement with the photographer. The transfer of images to third parties for commercial purposes is not permitted.

The photographer is entitled to provide images of other service providers directly involved in the event—which depict them or their own work—to those service providers.

Further information on data protection can be found at https://www.johannahollstein.com/data-privacy.

5. Privacy Notice (GDPR)

Under the General Data Protection Regulation, you have the following rights:

Ø If your personal data is being processed, you have the right to access the data stored about you (Art. 15 GDPR)

Ø If incorrect personal data is being processed, you have the right to have it corrected (Art. 16 GDPR)

Ø If the legal requirements are met, you may request the erasure or restriction of processing, as well as object to the processing (Art. 17, 18, and 21 GDPR)

Ø If you have consented to the data processing or a contract for data processing exists and the data processing is carried out using automated means, you may have a right to data portability (Art. 20 GDPR).

Ø Should you exercise your rights as described above, the data controller “Janny Hollstein Fotografie,” or, in the case of a complaint to a supervisory authority, that authority, will verify whether the legal requirements for doing so are met.

6. Privacy Policy for Customer Data

To provide information about our services, we require the name, address, email address, and phone number of the interested party, as the requested information is provided via email, mail, or phone.

Once an order has been placed, your customer data will be stored and processed until the expiration of the statutory limitation period or retention obligation. The data controller is responsible for the processing, including data collection.

Your data is required for preparing quotes and fulfilling contracts. The data controller is authorized to do so pursuant to Art. 6(1)(b) of the GDPR. In addition, the data will be used for future information regarding offers and company news (advertising). The controller is authorized to do so pursuant to Art. 6(1)(a) GDPR. You may unsubscribe from advertising at any time.

If consent to data storage has been given, you also have the right to revoke this consent at any time without providing a reason. This does not affect the lawfulness of the processing carried out on the basis of your consent prior to its revocation.

The provision of contact and address information, as well as any additional details regarding the planned event, is necessary for preparing a quote, planning and executing the order, and for invoicing and accounting purposes. Customers who wish to receive a specific quote and have the order executed are therefore required to provide this information. If this information is not provided, the order or inquiry cannot be processed.

7. Severability Clause

If any provision of this agreement is or becomes void or unenforceable, such provision shall be replaced by a reasonable alternative provision that is consistent with the spirit of this agreement and that the parties would have agreed upon had they been aware of the invalidity or unenforceability of the original provision. The remaining provisions of this agreement shall remain unaffected by the invalidity or ineffectiveness.

8. Miscellaneous

For bookings of more than 4 hours, a meal shall be provided for the photographer and any photographers acting on her behalf on site.

Additional agreements must be in writing to be effective.