Terms and Conditions of Puck Sophie Photo

1. Contract

(1) The image design, artistic and technical composition, and selection of images are at the sole discretion of the contractor. A minimum of approximately 500 images will be made available to the couple at the end. Regardless of this, the clients respect the artistic freedom and individual style of the photographer. Clients acknowledge that the work is always influenced by this style. Complaints in this regard are excluded.

(2) Changes to the contract during or after production will result in additional costs for the extra work. Services already rendered must be fully paid as agreed.

(3) Should the photographer be unable to fulfill the contract due to illness or an accident, the photographer will arrange for a replacement photographer.

(4) If the photographer is on-site for more than six hours during a wedding shoot, the clients are obliged to provide adequate refreshments. For shoots extending into the evening, an additional guest meal must be organized for the photographer.

2. Compensation and Payment

(1) The clients agree to bear the costs as specified in the offer.

(2) Upon signing the contract, a reservation fee of €700 is required, which will be deducted from the total amount. This fee is payable immediately upon receipt of the invoice. The remaining balance must be paid one week after the wedding day. Photos will only be provided after full payment has been received. 

(3) Überschreitet der Auftrag die vereinbarte Zeit, ist die Fotografin/der Fotograf berechtigt, den Mehraufwand mit 270 Euro / Stunde für die tatsächlich angefallene Zeit zusätzlich in Rechnung zu stellen. 

(4) If clients fail to fulfill their required contributions to the contract, or if unforeseen waiting times arise due to the clients’ actions, the photographer is entitled to charge a surcharge proportional to the additional work, even in cases of a fixed-price agreement.

Usage and Copyright

(1) The photographer retains the copyright to the images and photographic works created, in accordance with copyright law. 

(2) Unless otherwise agreed, the clients receive a simple, non-transferable usage right for personal, non-commercial use. This includes reproduction and distribution for non-commercial purposes. 

(3) Commercial use of the images requires prior and explicit consent from the photographer. The same applies to editing, retouching, or altering the images, including compositing or other manipulations. 

(4) Usage rights are only granted after full payment of the agreed compensation. 

(5) For publications on the internet and social networks by the clients, credit must be given to the photographer at least once (www.pucksophie.eu or @pucksophie_photo) .

(6) Editing in the sense of § 60 UrhG is only permitted if the required rights have been transferred by the photographer. The application of § 60 UrhG is expressly excluded.

(7) There is no entitlement to the release of original files, negatives, or other raw files unless explicitly agreed between the parties. 

4. Delivery, Ownership, and Acceptance

(1) The photographer will deliver the edited wedding photos in high-resolution JPG format within 4–6 weeks.

Clients will also receive access to an online gallery containing all usable images in web resolution. Clients expressly agree to the uploading and storage of all wedding photos on the online gallery (see the privacy policy for further details).

(2) Until full payment has been received, the images and photographic works remain the property of the photographer.

(3) Services provided by the photographer are considered accepted without reservation if the clients use the delivered images or works without notifying the photographer of any defects.

(4) The photographer is entitled to include a credit for their authorship on the images or works without entitling the clients to any compensation.

5. Contract Conclusion and Cancellation

(1) The contract becomes binding when the clients complete and confirm the booking form with the photographer.

If this does not occur, the photographer is not obliged to fulfill the contract. The same applies if the reservation fee is not paid on time.

(2) Für den Fall, dass die Auftraggeber sich dazu entschließen, vom abgeschlossenen Vertrag zurückzutreten, gelten folgende Stornobedingungen:

• The deposit is retained and is non-refundable. und ist nicht erstattungsfähig.
• If the cancellation occurs within 3 months of the booked date, the deposit plus 50% of the remaining fee must be paid.
• If the cancellation occurs within 2 months of the booked date, the deposit plus 75% of the remaining fee must be paid.
• If the cancellation occurs within 1 month of the booked date or later, the deposit plus 100% of the remaining fee must be paid.

If the date is subsequently booked by another couple, only the deposit will be retained as a cancellation fee. 

Der Restbetrag ist spätestens binnen 14 Tagen nach Erbringung der Leistung im Sinne der fotografischen Begleitung der Hochzeit, also 14 Tage nach dem Hochzeitstermin bzw. nach Erhalt der Rechnung, fällig.

(3) If the wedding is postponed due to force majeure, illness, or other reasons beyond the clients’ control, a rescheduling can be made at no additional cost, provided the photographer is available on the new date. If the new date incurs additional costs (e.g., higher travel expenses) or the wedding is ultimately canceled, the cancellation terms in Section 5.2 apply. 

6. Liability

(1) The photographer is liable for intentional or gross negligence as per legal regulations. For slight negligence, liability is limited to cases of product liability law, injury to life, body, or health, or breach of essential contractual obligations. Claims for damages due to slight negligence are limited to foreseeable damages typical of the contract.

(2) The above applies to damages in addition to or instead of performance, as well as claims for futile expenses, regardless of the legal basis.

(3) Extraordinary events beyond the photographer's control (force majeure), such as official measures, natural disasters, transportation disruptions, energy supply interruptions, or illness, release the photographer from their contractual obligations for the duration of such effects. In such cases, the photographer will promptly inform the clients and attempt to arrange a replacement photographer. Beyond refunding the reservation fee, no further claims can be made. 

7. Publication Rights

(1) The photographer may publish wedding images for promotional purposes in both print and digital media.

(2) If clients object to the publication of their photos, an additional fee of €300 will be charged to compensate for the loss of promotional opportunities.

(3) Bilder von Kindern werden nur mit der ausdrücklichen Zustimmung der Erziehungsberechtigten (3) Photos of children will only be published with the explicit consent of their guardians. Clients are responsible for notifying the photographer if certain child images cannot be published.

(4) Clients must ensure that all individuals depicted consent to being photographed. Any restrictions on usage must be communicated to the photographer before the wedding.

8. Final Provisions

(1) Austrian law exclusively applies.

(2) Any additional agreements must be in writing to be valid.

(3) If the client does not have a legal domicile in Austria or moves abroad after the contract has been concluded, the photographer’s residence serves as the legal venue.

(4) If any provision of these terms and conditions is invalid, the remaining provisions remain unaffected. A valid provision that comes closest to the intended economic purpose will replace the invalid provision.

Söll, January 27, 2025