Terms
General Terms & Conditions
This English version is a courtesy translation. The legally binding version is the German one.
1. Scope
(1) These General Terms and Conditions (the "Terms") apply to all contracts for photographic services between Daria Hulevych (the "Photographer") and her clients (the "Client").
(2) Conflicting terms of the Client are not recognised unless the Photographer expressly agrees to their application in writing.
2. Conclusion of contract
(1) The Photographer's offers are without obligation. A contract is concluded when the Client submits a booking request and the Photographer confirms it in text form (e.g. by email).
(2) By booking, the Client accepts these Terms.
3. Scope of services
(1) The type and scope of services result from the respective booking confirmation or individual offer.
(2) The Photographer provides her services to the best of her knowledge and in her own artistic style. A claim to specific motifs, framing or a specific style of editing exists only insofar as expressly agreed.
4. Prices and payment
(1) The prices agreed at the time of booking apply.
(2) 【VAT note: under standard taxation – "All prices are subject to statutory VAT." Under the small-business scheme – "Pursuant to § 19 UStG, no VAT is charged and therefore not shown."】
(3) Unless otherwise agreed, the fee is due without deduction within 14 days of receipt of the invoice. The Photographer is entitled to request a reasonable advance payment.
5. Appointments, postponement and cancellation
(1) Agreed appointments are binding.
(2) If the Client withdraws from the contract or postpones a bindingly agreed appointment, the Photographer is entitled to charge a reasonable cancellation fee. The time of cancellation is decisive; details are governed by the individual offer.
(3) If the service cannot be provided for reasons beyond the Photographer's control (e.g. illness, force majeure), a replacement appointment will be arranged. Further claims by the Client are excluded to the extent permitted by law.
6. Copyright and usage rights
(1) The Photographer holds the copyright to all images she creates in accordance with the German Copyright Act (UrhG).
(2) The Client receives a simple, non-transferable right of use for the contractually agreed purpose. Any use beyond this, in particular commercial transfer or sub-licensing, requires the Photographer's prior consent.
(3) Usage rights only pass to the Client after full payment of the agreed fee.
(4) Editing or altering the images (including cropping and filters) is not permitted without the Photographer's consent. Where reasonable, a copyright notice ("© Daria Hulevych") must be added upon publication.
7. The Photographer's self-promotion
The Photographer is entitled to use the images created within the scope of the assignment for self-promotion (e.g. website, portfolio, social media, exhibitions), unless the Client objects on legitimate grounds. For images of people, clause 8 applies.
8. Personality rights / model release
(1) The publication of recognisable images of people is governed by §§ 22, 23 of the German Act on Copyright in Works of Art (KunstUrhG). The Client warrants that they hold the necessary consents of the persons depicted.
(2) The use of images of people for the Photographer's self-promotion only takes place with the separate consent of the persons depicted.
9. Image selection, editing and delivery
(1) The selection and editing of the images is at the Photographer's artistic discretion unless otherwise agreed.
(2) Delivery of the finished images takes place in the agreed form (e.g. as digital files via an online gallery) within the agreed period.
10. Data backup and archiving
The Photographer retains the image data for a reasonable period after delivery but is not permanently obliged to do so. The Client is advised to make their own backup of the delivered files.
11. Liability
(1) The Photographer is liable without limitation for damage arising from injury to life, body or health, and for damage based on intent or gross negligence.
(2) For slight negligence, the Photographer is liable only in the event of a breach of a material contractual obligation (cardinal obligation), and limited in amount to the foreseeable damage typical for the contract.
(3) Any further liability is excluded.
12. Data protection
Information on the processing of personal data can be found in the Privacy Policy.
13. Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the Client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Photographer's registered office.
(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.
Last updated: June 2026