The General Terms and Conditions (AGB) of Professional Photographers in Austria, issued by the Austrian Federal Economic Chamber (Guild of Professional Photographers) and the Legal Protection Association of Austrian Photographers, apply.

1. Applicability and Scope of the General Terms and Conditions

1.1 These General Terms and Conditions apply whenever the photographer’s contractual partner is an entrepreneur as defined in §1 of the Austrian Consumer Protection Act (KSchG).
1.2 The photographer provides services exclusively on the basis of these General Terms and Conditions.
By commissioning the photographer, the client acknowledges their applicability. Unless otherwise announced by the photographer, these conditions also apply to all future business relationships, even if not explicitly referenced. Any general terms and conditions of the client shall not become part of the contract.
1.3 If individual provisions of these Terms are invalid, the remaining provisions remain binding. Any invalid provision is to be replaced by a valid one closest in meaning and purpose.
1.4 Offers by the photographer are non-binding and subject to change.

2. Copyright Provisions

2.1 All copyrights and related rights of the creator of the photographs (§§1, 2(2), 73ff Austrian Copyright Act – UrhG) belong to the photographer. Usage rights (publication, etc.) are only granted with explicit agreement. In such cases, the client receives a simple, non-exclusive, non-transferable license for the expressly agreed purpose and within the agreed limits (print run, duration, region, etc.). In case of doubt, the usage scope stated on the invoice or delivery note applies.
Unless otherwise agreed, the license is valid only for a single publication (one edition) in the explicitly designated medium and not for advertising purposes.

2.2 When using the photograph (reproduction, distribution, broadcast, etc.), the client must clearly and legibly include the copyright notice, unaltered, directly adjacent to the image as follows:
Photo: (c) Dominik Hollaus – www.dominikhollaus.com; [location] and, if published, [year of first publication].
If the image is signed on the front, the signature does not replace the required copyright notice.

2.3 Any modification of the photograph requires the photographer’s written consent, unless such modification is necessary for the known contractual purpose.

2.4 The usage license is granted only after full payment of the agreed fees and only if the proper copyright notice has been applied as stated above.

2.5 In case of publication, two complimentary copies must be provided. For expensive products (art books, videos), one copy suffices. For online publication, the web address must be communicated to the photographer.

3. Ownership of Materials and Archiving

3.1.1 Analog photography: The photographer retains ownership of the exposed material (negatives, slides, etc.). The photographer provides the client with only the necessary images for the agreed usage upon payment. Until full payment, delivered images remain the photographer’s property. Negatives are loaned only upon written agreement and must be returned at the client’s cost and risk.

3.1.2 Digital photography: The photographer retains ownership of all digital files. Delivery of files requires a written agreement and usually covers only a selection, not all images produced.
Usage rights are granted only as per section 2.1.

3.2 Duplication or distribution of images in online databases, archives, or similar media (except internal client use) requires a separate agreement. One backup copy is permitted.

3.3 The photographer will store the images for one year without legal obligation. In case of loss or damage, no claims may be made.

4. Identification

4.1 The photographer may mark images (including on the front) with the copyright notice. The client must maintain this marking, including in copies or digital versions.

4.2 Digital files must be stored so that metadata remains intact and the photographer remains identifiable as the author.

5. Additional Obligations

5.1 The client must obtain all necessary third-party permissions and releases (e.g., model releases). The client indemnifies the photographer from any related claims, including rights to one’s own image (§78 UrhG).

5.2 If the photographer is commissioned to edit third-party images, the client guarantees the right to do so and indemnifies the photographer from any third-party claims.

5.3 The client must promptly retrieve any objects provided for photography. Uncollected items after two working days may incur storage costs at the client’s expense.

6. Loss and Damage

6.1 In case of loss or damage to images (negatives, slides, digital files), the photographer is liable only for intent or gross negligence. Liability is limited to material costs and the free re-shooting if possible. No compensation is due for travel, model, or third-party costs, lost profit, or consequential damages. Claims expire three months after discovery or ten years after delivery.

6.2 The same applies to loss or damage of materials or props supplied by the client. Valuable items should be insured by the client.

7. Premature Termination

The photographer may terminate the contract immediately for good cause (e.g., insolvency, non-payment, failure to cooperate).

8. Performance and Warranty

8.1 The photographer executes the order with care and may delegate parts to third parties. Unless written instructions are given, artistic and technical decisions (composition, models, location) are at the photographer’s discretion. Deviations from previous works do not constitute defects.

8.2 The photographer is not liable for defects caused by incorrect client instructions.

8.3 The client bears all risks outside the photographer’s control (weather, transport, model absence, etc.).

8.4 Shipments travel at the client’s risk and expense.

8.5 The photographer may choose to remedy defects by repair, replacement, or price reduction. Defects must be reported in writing within 8 days of delivery; otherwise, the goods are considered accepted. Warranty period: 3 months.

8.6 Minor defects (e.g., color variations) do not justify claims.

8.7 Fixed delivery dates are binding only if agreed in writing.

8.8 Minor delivery delays do not entitle the client to compensation or withdrawal.

8.9 The license does not include any rights to public performance of audio works.

9. Fees / Compensation

9.1 Unless otherwise agreed in writing, the photographer’s current price list applies.

9.2 Fees are due even if the images are not used or publication is canceled.

9.3 All additional expenses (props, travel, models, stylists, etc.) are billed separately.

9.4 Client-requested changes during production are at the client’s expense.

9.5 Conceptual work (consulting, design, layouts) is not included in the shooting fee.

9.6 If the client cancels for reasons within their control, the full agreed fee remains due.

9.7 All fees are exclusive of VAT.

9.8 Offsetting of claims by the client is excluded.

10. Licensing Fee

Unless otherwise agreed in writing, a separate licensing fee applies for granted usage rights.

11. Payment

11.1 A 50% advance payment is due upon order placement. The remaining amount is payable upon completion or invoicing. Payments are due immediately and without deductions.

11.2 For multi-part projects, partial invoices may be issued.

11.3 In case of late payment, interest of 5% above the base rate applies.

11.4 Ownership of images passes to the client only after full payment.

12. Data Protection

The photographer processes the client’s personal data (name, address, contact details, bank data, image data) solely for contract execution and self-promotion, in accordance with legal requirements.
The client has the right to access, correct, delete, restrict processing, or object according to applicable law.

13. Use of Images for Self-Promotion

Unless otherwise agreed in writing, the photographer may use created images for self-promotion.
The client gives irrevocable consent for publication and waives all claims (including those under §78 UrhG and §1041 ABGB).

14. Final Provisions

14.1 Place of performance and jurisdiction: the photographer’s business location.
Austrian substantive law applies; the UN Sales Convention is excluded.
Contract language: German.

14.2 These terms also apply analogously to motion picture works (films, videos, etc.) produced on assignment.