1. Scope
1.1. The following terms and conditions apply to all legal transactions of Arish Kochhar Photography (hereinafter referred to as service providers), or its agents, as well as deputies, with a contracting party (hereinafter referred to as client).
1.2. Deviating terms and conditions of the client shall not be valid unless otherwise agreed in writing.
1.3. These general terms and conditions also apply to all future contracts with the client, as far as legal transactions of a related nature are concerned.
2. Subject of the contract
2.1. The service provider provides his services as part of a freelance work, as an independent contractor in the field of photography, television or other audiovisual media. Specific details of the orders, in particular with regard to the type and scope of the service to be provided, are agreed separately or can be found in the offer.
2.2. The client is obliged to give unsolicited information about the intended content of the production during the booking and to point out extraordinary burdens such as special working hours, special danger, special moral or emotional burden.
2.3. Permanent employment is not intended by both parties and is not justified.
2.4. The service provider is free to act during the current contractual relationship for other clients, this is especially true if they are in direct competition with the client (contractor).
2.5. With regard to the creative and / or journalistic nature of the service, the service provider is not subject to instructions from the client when carrying out its activity. He is completely free in the exercise and organization of his work, with the exception that he has to take special project-specific requirements of the client, such as place and time of production, consideration.
2.6. The contractor is responsible for health insurance, pension insurance and tax declaration and submission obligations.
3. Conclusion of the contract
3.1. A contract with the service provider is concluded by acceptance of the order offer by post, by telephone, by fax or by e-mail.
1.1. The following terms and conditions apply to all legal transactions of Arish Kochhar Photography (hereinafter referred to as service providers), or its agents, as well as deputies, with a contracting party (hereinafter referred to as client).
1.2. Deviating terms and conditions of the client shall not be valid unless otherwise agreed in writing.
1.3. These general terms and conditions also apply to all future contracts with the client, as far as legal transactions of a related nature are concerned.
2. Subject of the contract
2.1. The service provider provides his services as part of a freelance work, as an independent contractor in the field of photography, television or other audiovisual media. Specific details of the orders, in particular with regard to the type and scope of the service to be provided, are agreed separately or can be found in the offer.
2.2. The client is obliged to give unsolicited information about the intended content of the production during the booking and to point out extraordinary burdens such as special working hours, special danger, special moral or emotional burden.
2.3. Permanent employment is not intended by both parties and is not justified.
2.4. The service provider is free to act during the current contractual relationship for other clients, this is especially true if they are in direct competition with the client (contractor).
2.5. With regard to the creative and / or journalistic nature of the service, the service provider is not subject to instructions from the client when carrying out its activity. He is completely free in the exercise and organization of his work, with the exception that he has to take special project-specific requirements of the client, such as place and time of production, consideration.
2.6. The contractor is responsible for health insurance, pension insurance and tax declaration and submission obligations.
3. Conclusion of the contract
3.1. A contract with the service provider is concluded by acceptance of the order offer by post, by telephone, by fax or by e-mail.
4. Contract duration and remuneration
4.1. Remuneration is based on agreed daily fees, plus expenses and expenses. (See: 4.6.4.7) The smallest settlement unit is a daily fee, or daily team price, which is recorded in the offer / cost estimate. The agreed daily fee or daily team price refers to a maximum working time of 8 to 10 hours incl. 1 hour break, depending on the agreement reached. The working time also includes the travel time, as well as the times of preparation and follow-up of the production necessary for the order.
Delays during arrival or departure such as traffic jams, construction sites, etc., as well as force majeure fall under the production risk of the client and are also part of the working time, provided that there is no fault of the service provider.
Times and miles are always from / to Hausen 11, 85551 Kirchheim bei München (or from / to the respective hotel for overnight stays outside of Munich), regardless of the agreed meeting point.
Backing up or copying camera material is also part of working hours.
4.2. For each started working hour beyond the eighth or tenth working hour (depending on what has been agreed as the standard working time), the additional overtime pay for the 1st to the 2nd overtime is 25%; for the 3rd to the 4th overtime 50%; and for every additional hour beyond that, additional work 100% of the tenth part of the total daily fee or daily team price (labor plus standard equipment) (1/10). Alternatively, flat rates per hour can be agreed.
4.3. For Sundays and public holidays, a supplement of 20% is charged on Sundays and 25% on public holidays at the agreed daily rate. Alternatively, a lump sum agreement can be made at an increased daily rate. Decisive are the usual holidays in Bavaria.
4.4. The client or his local authorized personnel shall ensure that adequate break times are provided. At least six hours after starting work, a break of at least 30 minutes should take place. The time of the meeting at Hausen 11, 85551 Kirchheim bei München or the hotel on site for overnight stays outside of Munich. If this is not possible, additional costs of 12.5% of the daily fee will be charged. Working and driving times must be observed. For working hours over 10 hours, an additional driver or overnight stay is required.
4.5. The service provider is entitled to demand an advance payment of a reasonable amount from the client for a partial service rendered in accordance with the contract. Advance payments are due immediately.
4.6. All payments are due immediately after invoicing without any deduction. Insofar as the customer defaults on payment after expiry of the period stated in the invoice, he is entitled, under the conditions of default, to assert damages for delay in accordance with the statutory provisions. without the need for another reminder. The right to assert any further damage remains unaffected.
4.7. All services of the service provider are exclusive of VAT.
4.8. Cash expenses, expenses and other special costs incurred by the service provider to provide the service are payable immediately upon invoicing. An additional charge of 10% will be charged. This is not applicable to refunds for cash on the day of production.
4.9. Travel and accommodation costs, which are incurred to provide the service, shall be borne by the customer. Additional meals are at least acc. the tax deductible daily rates calculated.
4.10. If you use your own car, the client will reimburse at least 0.49 € per km (plus VAT), unless otherwise agreed. For a total mileage of less than 50km per day of operation, a mileage allowance will be charged.
When using a vehicle provided by the customer (including rental cars), the client bears all costs. The client undertakes to insure vehicles or rental cars without a deductible for the service provider he has provided (liability insurance and comprehensive insurance).
The service provider commits to the careful and proper handling of the vehicles. Claims for damages of the client, except in cases of intent and gross negligence, are excluded.
5. Transfer of rights
5.1. Until the complete settlement of payment, the work or the rotated material or the photos remain the property of the service provider (retention of title). Any use of the work produced by the service provider / rotated material / photos before full payment settlement is prohibited to the client. Should the client nevertheless use these, he assigns to the service provider already now the resulting claims up to the amount of the owed amount; the service provider accepts the assignment.
5.2. It can be separately agreed that the granting of rights takes place at the time the copyright exploitation rights arise (e.g. live broadcast).
5.3. If the service provider as a person himself is to be the subject of images for television or other audiovisual media, the express, prior and written consent of the contractor is required. Any consent will be given against separately agreed remuneration.
6. Liability
6.1. The service provider is liable for intent or gross negligence and in the absence of a guaranteed property without limitation.
6.2. In the event of slight negligence, the service provider shall be liable without restriction in the event of injury to life, limb and health. In addition, the service provider is liable for slight negligence only if an obligation is violated, whose fulfillment makes the proper execution of the contract in the first place, the breach of which endangers the achievement of the purpose of the contract and whose compliance the client can rely on regularly (cardinal duty). In the event of a breach of a cardinal obligation, the liability is limited to the contractually foreseeable damage of a maximum of EUR 100,000. This also applies to lost profits and missed savings. Liability for other removed consequential damages is excluded.
6.3. Liability for all other damages is excluded.
6.4. For filming permits and access rights as well as any necessary clarification of the rights of third parties (e.g. privacy rights of third parties, esp. Their own right on their own image, the home right of third parties, any salary claims of third parties, etc.) the client is responsible.
6.5. Insofar as rights of third parties within the meaning of section 6.4 are violated in the context of the orderly execution of the order, the client is liable. The client indemnifies the service provider from the corresponding claims of third parties and replaces the contractor with any necessary legal costs associated with the claim.
6.6. The above liability regulations also apply to vicarious agents of the service provider.
7. Termination of cooperation
7.1. The contract can be terminated by the client at any time. With regard to a compensation for outages, the following periods apply:
For one-day bookings, cancellation is possible free of charge for more than 48 hours prior to the start of the contract; less than or equal to 48 hours before the start of the contract, a default fee of 50% of the agreed fee will be charged; the full fee will be payable 24 hours in advance.
In the case of multi-day orders, even of non-contiguous days, the cancellation periods are extended analogously to the duration of the order, i.e. a two-day order can be canceled free of charge four days before the start of production. Up to 48 hours before 50%, then 100% of the fee. Already incurred costs and services are to be reimbursed against billing.
Weekends and public holidays are not taken into account when calculating the deadlines. (For example, the cancellation of an order with order start Monday can only be canceled free of charge until the previous Wednesday.)
7.2. For contract volumes of more than 10 days, a separate provision must be made when the contract is concluded, which does not disadvantage the service provider in comparison with item 7.1. If the parties refrain from doing so, the statutory provisions apply.
7.3. The client bears the risk of failure or interruption of production unless the service provider is responsible for the failure or termination. Failure or termination of production does not affect the remuneration claim of the service provider. Any necessary shift in production is considered a failure in this sense, the recovery of production is a new order.
8. Confidentiality obligation
8.1. The service provider undertakes to keep confidential all business and trade secrets of the customer as well as confidential details of the production.
4.1. Remuneration is based on agreed daily fees, plus expenses and expenses. (See: 4.6.4.7) The smallest settlement unit is a daily fee, or daily team price, which is recorded in the offer / cost estimate. The agreed daily fee or daily team price refers to a maximum working time of 8 to 10 hours incl. 1 hour break, depending on the agreement reached. The working time also includes the travel time, as well as the times of preparation and follow-up of the production necessary for the order.
Delays during arrival or departure such as traffic jams, construction sites, etc., as well as force majeure fall under the production risk of the client and are also part of the working time, provided that there is no fault of the service provider.
Times and miles are always from / to Hausen 11, 85551 Kirchheim bei München (or from / to the respective hotel for overnight stays outside of Munich), regardless of the agreed meeting point.
Backing up or copying camera material is also part of working hours.
4.2. For each started working hour beyond the eighth or tenth working hour (depending on what has been agreed as the standard working time), the additional overtime pay for the 1st to the 2nd overtime is 25%; for the 3rd to the 4th overtime 50%; and for every additional hour beyond that, additional work 100% of the tenth part of the total daily fee or daily team price (labor plus standard equipment) (1/10). Alternatively, flat rates per hour can be agreed.
4.3. For Sundays and public holidays, a supplement of 20% is charged on Sundays and 25% on public holidays at the agreed daily rate. Alternatively, a lump sum agreement can be made at an increased daily rate. Decisive are the usual holidays in Bavaria.
4.4. The client or his local authorized personnel shall ensure that adequate break times are provided. At least six hours after starting work, a break of at least 30 minutes should take place. The time of the meeting at Hausen 11, 85551 Kirchheim bei München or the hotel on site for overnight stays outside of Munich. If this is not possible, additional costs of 12.5% of the daily fee will be charged. Working and driving times must be observed. For working hours over 10 hours, an additional driver or overnight stay is required.
4.5. The service provider is entitled to demand an advance payment of a reasonable amount from the client for a partial service rendered in accordance with the contract. Advance payments are due immediately.
4.6. All payments are due immediately after invoicing without any deduction. Insofar as the customer defaults on payment after expiry of the period stated in the invoice, he is entitled, under the conditions of default, to assert damages for delay in accordance with the statutory provisions. without the need for another reminder. The right to assert any further damage remains unaffected.
4.7. All services of the service provider are exclusive of VAT.
4.8. Cash expenses, expenses and other special costs incurred by the service provider to provide the service are payable immediately upon invoicing. An additional charge of 10% will be charged. This is not applicable to refunds for cash on the day of production.
4.9. Travel and accommodation costs, which are incurred to provide the service, shall be borne by the customer. Additional meals are at least acc. the tax deductible daily rates calculated.
4.10. If you use your own car, the client will reimburse at least 0.49 € per km (plus VAT), unless otherwise agreed. For a total mileage of less than 50km per day of operation, a mileage allowance will be charged.
When using a vehicle provided by the customer (including rental cars), the client bears all costs. The client undertakes to insure vehicles or rental cars without a deductible for the service provider he has provided (liability insurance and comprehensive insurance).
The service provider commits to the careful and proper handling of the vehicles. Claims for damages of the client, except in cases of intent and gross negligence, are excluded.
5. Transfer of rights
5.1. Until the complete settlement of payment, the work or the rotated material or the photos remain the property of the service provider (retention of title). Any use of the work produced by the service provider / rotated material / photos before full payment settlement is prohibited to the client. Should the client nevertheless use these, he assigns to the service provider already now the resulting claims up to the amount of the owed amount; the service provider accepts the assignment.
5.2. It can be separately agreed that the granting of rights takes place at the time the copyright exploitation rights arise (e.g. live broadcast).
5.3. If the service provider as a person himself is to be the subject of images for television or other audiovisual media, the express, prior and written consent of the contractor is required. Any consent will be given against separately agreed remuneration.
6. Liability
6.1. The service provider is liable for intent or gross negligence and in the absence of a guaranteed property without limitation.
6.2. In the event of slight negligence, the service provider shall be liable without restriction in the event of injury to life, limb and health. In addition, the service provider is liable for slight negligence only if an obligation is violated, whose fulfillment makes the proper execution of the contract in the first place, the breach of which endangers the achievement of the purpose of the contract and whose compliance the client can rely on regularly (cardinal duty). In the event of a breach of a cardinal obligation, the liability is limited to the contractually foreseeable damage of a maximum of EUR 100,000. This also applies to lost profits and missed savings. Liability for other removed consequential damages is excluded.
6.3. Liability for all other damages is excluded.
6.4. For filming permits and access rights as well as any necessary clarification of the rights of third parties (e.g. privacy rights of third parties, esp. Their own right on their own image, the home right of third parties, any salary claims of third parties, etc.) the client is responsible.
6.5. Insofar as rights of third parties within the meaning of section 6.4 are violated in the context of the orderly execution of the order, the client is liable. The client indemnifies the service provider from the corresponding claims of third parties and replaces the contractor with any necessary legal costs associated with the claim.
6.6. The above liability regulations also apply to vicarious agents of the service provider.
7. Termination of cooperation
7.1. The contract can be terminated by the client at any time. With regard to a compensation for outages, the following periods apply:
For one-day bookings, cancellation is possible free of charge for more than 48 hours prior to the start of the contract; less than or equal to 48 hours before the start of the contract, a default fee of 50% of the agreed fee will be charged; the full fee will be payable 24 hours in advance.
In the case of multi-day orders, even of non-contiguous days, the cancellation periods are extended analogously to the duration of the order, i.e. a two-day order can be canceled free of charge four days before the start of production. Up to 48 hours before 50%, then 100% of the fee. Already incurred costs and services are to be reimbursed against billing.
Weekends and public holidays are not taken into account when calculating the deadlines. (For example, the cancellation of an order with order start Monday can only be canceled free of charge until the previous Wednesday.)
7.2. For contract volumes of more than 10 days, a separate provision must be made when the contract is concluded, which does not disadvantage the service provider in comparison with item 7.1. If the parties refrain from doing so, the statutory provisions apply.
7.3. The client bears the risk of failure or interruption of production unless the service provider is responsible for the failure or termination. Failure or termination of production does not affect the remuneration claim of the service provider. Any necessary shift in production is considered a failure in this sense, the recovery of production is a new order.
8. Confidentiality obligation
8.1. The service provider undertakes to keep confidential all business and trade secrets of the customer as well as confidential details of the production.
9. Insurance
9.1. Special accident risks, which include the place of production, are secured by the customer at his own expense by a separate accident insurance.
10. Severability clause
10.1. Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, this shall not affect the validity of the remaining provisions of the contract. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision, the effect of which comes as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
11. Miscellaneous
9.1. Special accident risks, which include the place of production, are secured by the customer at his own expense by a separate accident insurance.
10. Severability clause
10.1. Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, this shall not affect the validity of the remaining provisions of the contract. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision, the effect of which comes as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
11. Miscellaneous
11.1. The service provider is entitled to render the services by or with the assistance of third parties (vicarious agents). The service provider is liable for the provision of services then as for their own actions.
11.2. Jurisdiction and place of fulfillment is Munich, Germany.
11.3. The customer may only set off against claims arising from this contract with undisputed or legally established claims. The client is not entitled to a right of retention for claims that do not originate from this contract.
11.4. This Agreement and all legal relationships between the parties are governed by German law.
11.5. Changes and additions to this contract must be made in writing, as well as the waiver of the written form requirement. Verbal collateral agreements do not exist.
11.2. Jurisdiction and place of fulfillment is Munich, Germany.
11.3. The customer may only set off against claims arising from this contract with undisputed or legally established claims. The client is not entitled to a right of retention for claims that do not originate from this contract.
11.4. This Agreement and all legal relationships between the parties are governed by German law.
11.5. Changes and additions to this contract must be made in writing, as well as the waiver of the written form requirement. Verbal collateral agreements do not exist.