General Terms and Conditions (T&Cs)

Scope

These General Terms and Conditions apply exclusively to all business transactions between the parties. Any conflicting terms and conditions of the customer, hereinafter referred to as "the Client," shall not apply unless explicitly agreed upon in writing by the photographer Fabio and Jules, hereinafter referred to as "the Contractor."

For the purposes of these T&Cs, "photographs" refer to all digital products (including but not limited to photographs and videos) produced by the Contractor, regardless of their technical form or the medium used. This includes, but is not limited to, printed or exposed paper photographs, photographs in photo books and wedding albums, digital photographs in online galleries, or photographs and videos stored on other data carriers.

Obligations of the Client

The Client must provide the Contractor with all necessary information for the timely execution of the order (such as schedule, directions, special requests). Any delays resulting from the Client’s failure to provide such information will be the responsibility of the Client and shall not be attributed to the Contractor. These delays will be considered part of the working time for which the Contractor is entitled to remuneration.

The Client must ensure that photography is permitted at the designated locations. The Contractor is not responsible for verifying photography permissions or any rights related to the individuals, buildings, locations, or items depicted. The Client shall indemnify and hold the Contractor harmless if third parties file compensation claims due to a breach of this obligation.

The Client must submit any notice of defects in writing, to be received by the Contractor no later than 14 days after the delivery of the photographs. After this period, the photographs will be deemed accepted and free from defects.

The client acknowledges the following:

1. Fabio And Jules services are of a unique and artistic nature.

2. Fabio And Jules' work is constantly evolving and is subject to change.

3. The final photographs may vary from Fabio And Jules' previous work.

4. Fabio And Jules will use personal artistic judgment to create imagery consistent with their creative vision.

Contractor’s Performance

The Client acknowledges that the photographic process, including the selection and editing of photographs, is subject to the artistic discretion of the Contractor. Complaints or notices of defects related to these aspects will not be entertained. Any subsequent change requests from the Client will require a separate agreement and be subject to additional charges.

The Contractor is not obligated to provide a specific number of photographs unless otherwise agreed upon.

The Contractor will create a realistic photo reportage, portraying persons, events, and items as they are. Photo editing will include only basic retouching (light, focus, frame corrections, and raw data development). Any advanced retouching services are not included unless specifically agreed upon.

Obligations of the Contractor

Fabio And Jules Photography, consisting of a team of photographers, agrees to provide photography services for the Client. The team members, including at least one of the founders - Fabian Prüfer and Juliane Howe, will photograph the event.

While both founders are usually present, in rare and exceptional circumstances, it may occur that only one founder from Fabio And Jules Photography is present to capture the event, accompanied by another photographer. However, it is important to note that this arrangement will not impact the final outcome of this Agreement.

Fabio And Jules Photography agrees to provide photography services for the Client. The Client acknowledges that they are familiar with Fabio And Jules' portfolio and style and understands that the photographs shall not be rejected based on taste or aesthetic criteria.

The Contractor will release the selected and edited photographs in a file format chosen at their discretion (e.g., JPEG). Under no circumstances will RAW files be released.

The Contractor will deliver the digital copies of the photographs within six weeks of the photo session. For more complex additional products (e.g., wedding albums), a separate handover date will be agreed upon according to the associated time requirements.

Upon delivery of the photographs to the Client, the Client assumes liability for any loss, destruction, or damage. The Contractor is not obliged to store digital image files beyond the time of handover.

Fabio And Jules shall make every reasonable effort to capture all requested photographs by the Client. However, both Fabio And Jules and the Client acknowledge that certain circumstances beyond the Fabio And Jules control may compromise the coverage, such as weather conditions, schedule complications, lateness of the Client or event participants, restrictions and interference imposed by venues, other vendors or officials. The Client agrees to accept the technical results of these limitations, and negotiations with officials regarding event photography are solely the Client's responsibility.

Fees and Expenses

If the actual working time exceeds the agreed period, additional time will be charged at €300 per commenced hour.

An initial deposit is due within 10 days of contract conclusion. The payment's timeliness is determined by the date it is received in the following account:

GbR Juliane Howe & Fabian Prüfer IBAN: DE27 1101 0101 5396 6887 09 BIC: SOBKDEB2XXX

If the advance payment is not received on time, the Contractor reserves the right to withhold their services.

The remaining balance is due within 10 days of invoicing by the Contractor.

If agreed upon, the Client will provide a single room near the wedding venue, typically requiring two overnight stays to ensure timely arrival.

The Contractor should be provided with appropriate refreshments and food free of charge during the reportage.

Changes, Extensions, and Cancellation of Orders

In the event of cancellation by either party exercising their statutory rights, the following terms apply:

The Client reserves the right to cancel this Agreement, but no refund of any amount previously paid to Fabio And Jules shall be granted.

If the Client requests to reschedule the event more than 6 months before the original event date, and Fabio And Jules is able to re-book the new event date, the Client will receive credit for the paid amount. Please note that a new booking may be necessary, and the new package price will reflect the pricing in effect at the time of the date change.

In the unlikely event that Fabio And Jules is unable to perform according to this Agreement due to injury, illness, theft, or any other cause beyond their control, Fabio And Jules will make every effort to secure a replacement photographer acceptable to the Client.

If a suitable replacement cannot be found, the responsibility and liability of Fabio And Jules are limited to returning all payments received for the event, excluding travel expenses.

Retention of Title, Right of Use, and Copyright

The photographs remain the property of the Contractor until full payment is received.

The Client acquires a simple right to use the photographs for private purposes (e.g., prints for personal use, personal social media profiles, personal websites). Any transfer for use or publication in a non-private context requires the prior permission of the Contractor. Other service providers, such as makeup artists or wedding planners, may only use photographs with the Contractor's approval.

The rights of use are not granted until full payment is received.

The Contractor will select the photographs to be delivered. The Client is not entitled to receive all photographs taken.

Photographs may only be used in their original form; any editing or alteration requires the prior permission of the Contractor.

The Contractor is allowed to use photographs showing only the Clients for advertising and promotional purposes in various publications (e.g., exhibitions, trade fairs, their website, blogs, professional magazines).

If the Client objects to the use of their photographs for advertising, the Contractor will be required to use photographs from other orders. In such cases, the Client's payment obligations will increase by 20%.

Liability

The Contractor is not responsible for verifying photography permissions or rights related to the individuals, buildings, locations, or items depicted. This responsibility lies solely with the Client. The Client shall indemnify and hold the Contractor harmless if third parties file compensation claims due to a breach of this obligation.

The Contractor accepts liability for breaches of duty, other than essential contractual obligations, only if caused by gross negligence or intentional actions. This does not apply to claims arising from injury to life, limb, or health. No compensation will be paid for indirect damages. Where liability is established, it is limited to damages foreseeable at the time of contract conclusion.

The Contractor is not liable for force majeure (e.g., sudden illness, flight cancellation, accidents) or material failures (e.g., defective equipment) beyond their control, nor for any resulting inability to take photographs.

If the assignment cannot proceed on the scheduled date due to circumstances beyond the parties' control, they will attempt to reschedule. Other bookings by the Contractor must be considered. The assignment is not considered impossible if the Client can reasonably adapt the event to the changed circumstances.

Offsetting, Right of Retention, and Assignment

The Client may only offset claims against the Contractor if they are undisputed or confirmed by a court. The same applies to asserting retention rights.

Assignment of claims against the Contractor to third parties requires the Contractor's written consent.

Text Form

Additions and amendments to the Agreement, including these T&Cs, must be in writing to be effective. Individual agreements shall prevail over these T&Cs.

Applicable Law

German law applies. For consumers, this choice of law only applies if it does not deprive them of protection under mandatory provisions of the law in their country of habitual residence.

The place of performance for all services under the business relationship is Wildau. The jurisdiction is Wildau, unless the Client is a consumer or lacks a general jurisdiction in Germany or the EU, or if the Client's address or habitual residence is unknown at the time of filing. This does not affect the right to file in another statutory jurisdiction.

The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.