Gert Rudolf Photographie
More than Photography. A Business Asset.
Version 01.2025
Studio Gert Rudolf
Industriestraße 26
A-9400 Wolfsberg
Austria
UID: ATU9454902
Phone: +43 664 23 393 23
1.1 These General Terms and Conditions apply to all contractual relationships between GERT RUDOLF (hereinafter “Photographer”) and his client (hereinafter “Client”), including future assignments, unless expressly agreed otherwise in writing.
1.2 Conflicting or deviating terms of the Client shall only become part of the contract if expressly acknowledged in writing by the Photographer.
2.1 A contract is concluded through written or electronic acceptance of an offer or through actual use of the Photographer’s services.
2.2 Unless otherwise stated, the Photographer’s offers are binding for 14 days.
3.1 The type and scope of contractual services result from the respective offer or order confirmation.
3.2 Changes, extensions, or additional services require written approval by both parties and will be invoiced separately.
3.3 The Photographer is entitled to engage qualified third parties to fulfill the contract without establishing a contractual relationship between such third parties and the Client.
3.4 Unless otherwise agreed, the Photographer’s project workflow generally includes:
Basic professional post-production includes cleaning, tonal correction, and color correction of the image. Additional retouching requests will be charged separately.
4.1 The Client must provide all necessary access permissions, safety approvals, and production clearances in a timely and complete manner.
4.2 Production facilities, machinery, rooms, and objects must be handed over in a condition suitable for photography.
4.3 Waiting times caused by insufficient cooperation of the Client will be charged separately.
4.4 For vehicle photography at the Client’s premises, one employee must be made available as on-call assistance during the photo shoot.
4.5 For the setup and dismantling of the mobile studio, the Client must provide two additional employees in addition to the assistant mentioned above.
5.1 The Client ensures compliance with all labor law, safety, and operational regulations at the shooting location.
5.2 The Photographer is entitled to interrupt or terminate work at any time for safety reasons or in case of danger to persons, facilities, or equipment.
5.3 Weather-related or organizational postponements remain reserved.
5.4 Individual components of the mobile studio are TÜV-certified; the structure itself has been approved by a structural engineer.
5.5 The mobile studio construction is certified for wind-free indoor conditions. The Client is obliged to ensure such conditions. In the event of sudden changes (e.g., drafts causing wind gusts), the Photographer assumes no liability for resulting damages. Any damage to the studio construction must be compensated by the Client.The mobile studio construction is certified for wind-free indoor conditions. The Client is obliged to ensure such conditions. In the event of sudden changes (e.g., drafts causing wind gusts), the Photographer assumes no liability for resulting damages. Any damage to the studio construction must be compensated by the Client.
6.1 All amounts stated are in euros and exclusive of statutory VAT unless otherwise specified.
6.2 Travel, transportation, material, and third-party costs will be charged separately.al, and third-party costs will be charged separately.
6.3 Invoices are payable within 14 days from the invoice date without deduction.
6.4 In case of late payment, default interest pursuant to § 456 UGB applies.
7.1 Unless otherwise agreed, the Photographer grants the Client a simple, non-exclusive right of use for the contractual purpose. The Photographer undertakes to sell image material beyond this scope only with the Client’s consent.
7.2 Unless otherwise agreed, upon full payment of the invoice all agreed usage rights — including commercial and international use — are transferred to the Client without time or territorial limitation. This includes transfer to third parties within the Client’s sales structure (e.g., dealers).
Transfer to higher-level organizations (e.g., manufacturer, parent company, corporate group) or equivalent levels (e.g., importers in other countries) requires a separate written agreement, usually subject to additional payment. The Photographer will never resell such images without the Client’s consent.
7.3 RAW files remain the property of the Photographer and will only be released in exceptional cases against separate remuneration.
7.4 Alterations, edits, or manipulations of the images are only permitted with the Photographer’s written consent.
7.5 The Photographer reserves the right to use images for self-promotional purposes in his own name or in the name of project partners. However, the Photographer will not publish any images before the Client has published them. If the Client does not publish the images within six months of delivery, the Photographer may publish them for promotional purposes.
7.6 The Photographer is permitted to create making-of photos and videos for promotional purposes. The Client agrees that parts of its facilities may be visible in the background of such material.
8.1 The Photographer remains the author within the meaning of the Copyright Act (UrhG).
8.2 For editorial use, attribution (“Photo: gertrudolf.com”) is mandatory.
8.3 For advertising use, attribution is only mandatory if other contributors are credited in the imprint (e.g., on websites, printed materials, etc.).
9.1 All delivered image data and usage rights remain the sole property of the Photographer until full payment has been received.
9.2 In the event of default of payment or breach of contract, granted usage rights may be revoked with immediate effect.
10.1 The Photographer is liable only for intent or gross negligence.
10.2 Liability for indirect damages, lost profits, production downtime, or consequential damages is excluded.
10.3 In case of technical failure, force majeure, or illness, there is no claim for reimbursement of incurred costs; however, the Photographer is obliged to offer a replacement date.
11.1 Obvious defects must be reported in writing within seven days of delivery. For digital image material, only defects identifiable under standardized viewing conditions using professional equipment will be accepted. Standard office monitors are not a valid basis for image evaluation.
11.2 In case of justified defects, the Photographer has the right to remedy.
11.3 Withdrawal from the contract or price reduction is only permitted if remedy is impossible or unreasonable.
12.1 If a “Satisfaction Guarantee” is granted, the Client may terminate the contract for photo shoots before completion of the shooting without incurring agreed fees. However, project expenses incurred up to the time of termination must be borne in full by the Client.
12.2 The “Satisfaction Guarantee” is subject to a fair use principle. If the quality standard or appearance of images has already been accepted by the Client (either during inspection or in previous assignments), the guarantee cannot be claimed later for images of comparable quality.
13.1 The Photographer archives image data for at least six months after delivery. Subsequent data retrieval may be subject to a fee.
13.2 Extended archiving requires a written agreement and additional remuneration. Any later release of image files is subject to payment.
14.1 The Photographer processes personal data in accordance with the GDPR.
14.2 The Client is obliged to obtain all necessary data protection consents from photographed individuals.
14.3 Both parties undertake to maintain project-related confidentiality. The Client is not permitted to photograph the mobile studio setup, as it constitutes intellectual property and know-how of the Photographer.
15.1 Cancellations must be made in writing.
15.2 The following flat cancellation fees apply:
15.3 Postponements are treated as cancellations unless a replacement date can be agreed immediately.
16.1 Austrian law applies exclusively.
16.2 Place of jurisdiction is the Photographer’s registered office.
16.3 Amendments and supplements to these GTC must be made in writing.
16.4 Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
Wolfsberg, 07.01.2025
Industriestrasse 26
A-9400 Wolfsberg
UID: ATU60454902
