General Terms and Conditions for Photographic Services and the Sale of Photographic Works
1. Scope
1.1 These General Terms and Conditions apply to contracts for photographic services as well as to the sale and production of photographic works between Kersten Glaser, hereinafter referred to as the “Photographer”, and his clients or purchasers.
1.2 Photographic works within the meaning of these Terms and Conditions include, in particular, photographic prints, fine art prints, hand-made photographic prints, framed works and other photographic works offered by the Photographer.
1.3 The nature and scope of the services to be provided shall primarily be determined by the respective quotation, order confirmation, purchase order or other individual agreement. Individual agreements shall take precedence over these General Terms and Conditions.
1.4 Any deviating terms and conditions of a client shall only become part of the contract if their applicability has been expressly agreed.
2. Conclusion of Contract and Scope of Services
2.1 A contract is concluded upon acceptance of a quotation, confirmation of an order or any other binding agreement concerning the performance of a commission or the purchase of a work.
2.2 The subject matter of a photographic commission shall be the services agreed in each individual case. Unless otherwise agreed, the service shall include the photographic shoot, the selection of photographs by the Photographer, and their photographic processing and delivery in an appropriate form.
2.3 Unless selection by the client has been expressly agreed, the Photographer shall select the photographs to be delivered. The client shall have no right to receive all photographs created during a commission.
2.4 Unprocessed digital raw files, negatives, working files, contact sheets, test photographs and other source material are not part of the agreed service and shall not be provided unless expressly agreed otherwise.
3. Artistic and Technical Gestaltung
3.1 The client acknowledges that the Photographer’s work is characterised by his individual visual language and artistic approach. Unless specific creative requirements have been agreed, the selection of images, composition, perspective, photographic process, black-and-white or colour rendering, and photographic processing shall be at the Photographer’s artistic discretion.
3.2 Subjective dissatisfaction with the photographic style or artistic execution shall not in itself constitute a defect, provided that the agreed service has been performed and any expressly agreed characteristics have been met.
3.3 Subsequent alterations, additional editing or other services exceeding the agreed scope may be charged separately. The client shall be informed before any additional chargeable services are carried out.
3.4 Where the photographic service depends on external conditions beyond the Photographer’s control, such as weather, lighting conditions, local circumstances or the behaviour of third parties, a specific visual result shall only be owed where this has been expressly agreed. If such conditions require a substantial departure from the agreed artistic direction, the Photographer and the client shall, where reasonably possible, agree on how to proceed.
4. Analogue Photography and Special Photographic Processes
4.1 Analogue photography and special photographic, development and output processes may be agreed individually.
4.2 Depending on the photographic format, film stock, exposure, development and subsequent processing, analogue photography allows for a broad range of different visual results. These may include differences in resolution, perceived sharpness, grain, contrast, tonal rendition, colour rendition and overall image character.
4.3 The client’s wishes regarding the desired visual character shall be taken into account when the commission is agreed. Unless specific characteristics have been expressly agreed, the selection and combination of photographic materials and processes shall be made by the Photographer on the basis of his professional and artistic judgement.
4.4 Descriptions of the intended visual character and any reference photographs shown serve to establish the artistic direction. However, the result of an analogue photographic process cannot be predicted in every detail or reproduced exactly. Variations falling within the agreed artistic direction and the customary characteristics of the selected process shall not constitute a defect.
4.5 In particular, subsequent subjective dissatisfaction with such artistic characteristics shall not constitute a defect where the result corresponds to the agreed artistic direction. Any characteristics expressly agreed as part of the photographic service shall remain unaffected.
4.6 Unless otherwise stated in the respective quotation, material and third-party costs incurred in connection with analogue photography shall be charged in addition to the agreed fee. These may include, in particular, film, instant film, chemistry, development, laboratory, scanning, paper, printing and shipping costs.
4.7 Hand-made photographic prints, enlargements, special photographic materials and other individual forms of production shall only form part of the commission if expressly agreed.
4.8 Due to the characteristics of analogue and hand-crafted photographic processes, grain, minor variations in colour, density and contrast, dust, minor emulsion or development marks, and comparable material- or process-related characteristics may occur. Such characteristics customary to the respective process shall not constitute a defect.
4.9 Even where work is carried out professionally and with due care, technical or material-related errors may occur during analogue photography, development, laboratory or processing procedures and may result in impairment or, in exceptional cases, complete loss of photographs.
4.10 If analogue photographs are unusable due to an error in development or processing for which the Photographer is responsible, and repeating the photographic session is possible and reasonable, the Photographer shall offer the client one repeat of the affected photographic service without charging the agreed photography fee again. The client’s statutory rights shall remain unaffected.
4.11 Where external professional laboratories or other service providers are used to perform the commission, their services are subject to the technical and process-related limitations applicable to them. The Photographer shall be liable for his own fault and for any fault of persons engaged in performing his contractual obligations that is legally attributable to him, in accordance with the liability provisions of these Terms and Conditions. No guarantee is given that development, laboratory, scanning or manufacturing processes will be entirely free from error.
4.12 Alternative arrangements regarding material costs may be agreed. In particular, it may be agreed that the Photographer shall bear some or all material costs in return for being expressly granted corresponding rights to use or publish the resulting photographs. Any such arrangement shall be made separately and shall not automatically form part of a commission.
5. Sale of Photographic Works, Photographic Prints and Fine Art Prints
5.1 When photographic works are sold, the subject, execution, format, material, edition where applicable, framing and other characteristics shall be determined by the respective product description or individual agreement.
5.2 The purchase of a physical photographic work transfers ownership of that physical work only. Copyright or rights of use in the underlying photograph beyond uses permitted by law are not transferred by the purchase.
5.3 In particular, the purchase of a photographic work does not, without a separate agreement, entitle the purchaser to reproduce or digitise the work, use it commercially, or produce and distribute reproductions.
5.4 In the case of hand-crafted photographic works, particularly analogue photographic prints, individual examples may show minor differences in tonal values, density, contrast, cropping and other process-related characteristics. Minor variations customary to the respective production process shall not constitute a defect.
5.5 Information concerning materials, papers and production processes refers to the materials available at the time of production. For subsequent replacement or additional production, it may be necessary to use technically and qualitatively equivalent materials where the material originally used is no longer available.
5.6 For limited-edition works, the size and, where applicable, numbering of the edition shall be stated separately. A replacement print produced as a result of a valid statutory warranty or voluntary guarantee claim shall not constitute an additional copy within the edition. Where possible and reasonable, the replaced copy shall be returned or permanently rendered unusable.
6. Individual Prints, Printing Orders and Custom-Made Works
6.1 Individual photographic prints, fine art prints, framing and other custom-made works shall be produced in accordance with the agreed specifications.
6.2 Before production begins, the subject, format, material and, where applicable, framing and other essential characteristics of the work shall be determined.
6.3 Changes requested after production has begun may result in additional costs and shall only be possible insofar as permitted by the production process.
6.4 Minor process-related variations may occur in hand-crafted and analogue production processes. Any expressly agreed characteristics shall remain unaffected.
6.5 Consumers shall have the statutory right of withdrawal where applicable. Where, due to the specific nature of an individually produced item, no statutory right of withdrawal exists, the purchaser shall be informed separately before conclusion of the contract.
7. Appointments and Client Cooperation
7.1 Agreed photographic appointments are binding.
7.2 The client shall provide in due time all information, persons, objects, premises, permissions and other requirements necessary for performance of the commission insofar as these fall within the client’s area of responsibility.
7.3 If substantial waiting times arise due to circumstances within the client’s area of responsibility, or if the agreed scope of services is extended, the resulting additional work may be charged separately following prior agreement.
7.4 If a commission has to be postponed due to illness, force majeure or other circumstances beyond the Photographer’s control, a replacement date shall be arranged where possible. If performance becomes permanently impossible, payments already made for services not provided shall be refunded.
8. Cancellation and Rescheduling by the Client
8.1 The Photographer should be informed of any cancellation or request to reschedule as early as possible.
8.2 Where individual cancellation terms have been agreed for a commission, those terms shall take precedence.
8.3 Material and third-party costs already actually incurred and which can no longer be cancelled shall be borne by the client insofar as permitted by law.
8.4 Further statutory rights shall remain unaffected.
9. Fees, Prices and Payment
9.1 The amount of the fee or purchase price shall be determined by the respective quotation, product description or individual agreement.
9.2 Additional services and necessary material, laboratory, travel, studio, packaging, shipping or other third-party costs shall be charged separately unless expressly included in the agreed price.
9.3 Invoices shall be paid in full within the payment period stated on the respective invoice.
9.4 An appropriate advance payment may be agreed for individually produced works or larger photographic commissions.
10. Processing, Production and Delivery
10.1 Completed photographs shall be provided in the agreed form.
10.2 Unless a different delivery period has been agreed, photographs resulting from photographic commissions shall be completed and delivered within a period of up to four weeks following the photographic session.
10.3 Where a commission consists of several photographic sessions or extends over several days, this period shall begin upon completion of the final agreed photographic session.
10.4 Production and delivery times for photographic prints, fine art prints, framing and other physical works shall be determined by the respective agreement and may depend, in particular, on material availability and external professional laboratories, printers, framing suppliers or other service providers.
10.5 The Photographer shall inform the client or purchaser of any significant foreseeable delays.
11. Shipping and Retention of Title
11.1 Where shipping of a photographic work has been agreed, it shall be sent to the delivery address provided by the purchaser.
11.2 Shipping and packaging costs shall be borne by the purchaser unless otherwise agreed.
11.3 In the case of consumers, the statutory provisions concerning the transfer of risk during shipping shall apply.
11.4 Obvious shipping damage should be reported to the Photographer as soon as reasonably possible and, where possible, documented photographically. Failure or delay in reporting such damage shall not affect the purchaser’s statutory rights.
11.5 Physical works supplied shall remain the property of the Photographer until the purchase price has been paid in full.
12. Voluntary Durability Guarantee for Photographic Prints
12.1 A voluntary durability guarantee of ten years from the date of delivery to the purchaser may be provided for certain photographic prints and fine art prints sold by the Photographer.
12.2 The scope, requirements, geographical coverage and procedure for making a claim under the guarantee shall be set out in the guarantee statement provided for the respective work.
12.3 The purchaser’s statutory rights in respect of defects exist independently of any voluntary guarantee and shall not be restricted by it. The exercise of statutory rights in respect of defects is free of charge.
13. Archiving and Data Backup
13.1 Following proper delivery of the agreed photographs, the client shall be responsible for their permanent storage and backup.
13.2 The Photographer is under no obligation to permanently archive photographs, raw files, negatives or other production materials unless expressly agreed otherwise.
13.3 Any voluntary storage actually undertaken by the Photographer shall not create any entitlement to future availability or recoverability of the files or materials.
14. Copyright and Rights of Use
14.1 Copyright in the photographs created shall remain with the Photographer.
14.2 The nature and scope of the rights of use granted to the client shall primarily be determined by the respective individual agreement and the purpose of the commission.
14.3 For commissions for private purposes, unless otherwise agreed, the client shall receive a non-exclusive, unlimited-in-time and worldwide right of use for private, non-commercial purposes. This includes publication on the client’s own private websites and social media profiles.
14.4 For commercial, editorial, institutional or other commissions that are not exclusively private, the scope of the rights of use shall be determined by the respective quotation or individual agreement.
14.5 In case of doubt regarding the scope of a right of use granted, the purpose of use agreed for the respective commission shall be decisive.
14.6 Transfer of rights of use to third parties or use beyond the agreed purpose requires a separate agreement unless already covered by the agreed scope of use.
14.7 Rights of use granted to the client shall generally pass to the client only upon full payment of the agreed remuneration.
15. Editing and Alteration of Photographs
15.1 Technical adjustments required for the agreed use, in particular resizing and reasonable cropping, are permitted.
15.2 Further alterations, including distorting filters, retouching, photomontages, compositing, subsequent colourisation or AI-assisted alterations of the photographs, require the Photographer’s consent unless they are expressly included within the rights of use granted.
15.3 Uses and alterations permitted by law shall remain unaffected.
16. Attribution
16.1 The Photographer may require appropriate identification as the author of the work in accordance with applicable law.
16.2 For commercial, editorial or institutional publication, the Photographer shall be credited where customary in the relevant sector and reasonable in view of the nature of the use, unless otherwise agreed.
16.3 No credit is required for purely private use.
17. Use and Publication by the Photographer
17.1 Commissioning a photographic service does not automatically constitute consent by the client or any persons depicted to publication of the resulting photographs by the Photographer.
17.2 Where consent or an agreement is legally required, use of photographs by the Photographer for his portfolio, website, social media, exhibitions, publications, competitions or other self-promotional purposes shall take place only on the basis of a separate corresponding agreement or other legal authorisation.
17.3 Such an agreement regarding publication may be combined with individual pricing arrangements or with the Photographer bearing some or all material costs.
18. Third-Party Rights and Permissions
18.1 Where the client provides the Photographer with materials, templates or other content for use in connection with a commission, the client represents that he or she is entitled to use such material to the extent required for the commission.
18.2 Where special permissions are required for performance of the commission or for the client’s intended use of the photographs, and obtaining such permissions falls within the client’s area of responsibility under the agreement, the client shall obtain them in due time.
19. Liability
19.1 The Photographer shall have unlimited liability in cases of intent and gross negligence and for damages resulting from injury to life, body or health.
19.2 In the event of a slightly negligent breach of essential contractual obligations, liability shall be limited to the loss or damage typical for the contract and reasonably foreseeable.
19.3 In all other respects, liability for damage caused by slight negligence is excluded insofar as permitted by law.
19.4 The foregoing limitations of liability shall not apply where mandatory statutory liability exists.
20. Statutory Rights in Respect of Defects
20.1 Statutory rights in respect of defects shall apply to photographic services and works sold, except where these General Terms and Conditions contain legally permissible provisions to the contrary.
20.2 Any voluntary durability guarantee granted in accordance with Section 12 shall apply in addition to the statutory rights in respect of defects and shall not restrict those rights.
21. Data Protection
Personal data shall be processed in connection with the performance of contracts in accordance with applicable data protection law. The Privacy Policy published on the website shall additionally apply.
22. Final Provisions
22.1 The law of the Federal Republic of Germany shall apply. In relation to consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
22.2 Where the client or purchaser is a merchant, a legal entity under public law or a special fund under public law, the Photographer’s place of business may be agreed as the place of jurisdiction for disputes arising from the contractual relationship.
22.3 Should any individual provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
23. Language
23.1 These General Terms and Conditions are also provided in an English translation for the convenience of international clients and purchasers.
23.2 In the event of any discrepancy, ambiguity or difference in interpretation between the German version and the English translation, the German version shall prevail, to the extent permitted by applicable law.
Last updated: September 2026