Information in Accordance with Section 5 TMG (Telemedia Act)

Sebastian Donath
Lübecker Straße 01
10559 Berlin Germany

Website: www.sebastian-donath.com
E-Mail: mail(at)sebastian-donath.com
Phone: +49 30 347 619 52

Studio
c/o Gelwich
Wolfener Str. 32, Bul G
12681 Berlin Germany

VAT: DE 269 742 899

Webdesign / Coding
Kim Kleinert


Responsible for Content According to § 55 RStV (Broadcasting Treaty)

General Terms and Conditions (AGB) of Sebastian Donath ("Photographer") for Providing Photography Services

1. DEFINITIONS, SCOPE OF APPLICATION
   1. These General Terms and Conditions apply to Sebastian Donath. The terms "Order," "Photographer," and "Client" are to be understood in the commercial sense. "Order" refers to the contractual relationship regardless of the specific type of contract, "Photographer" refers to the party who owes the main service, and "Client" refers to the party who is to receive the main service and pay the compensation.
   2. Deviating terms and conditions of the Client are only valid if explicitly acknowledged in writing by Sebastian Donath.
   3. The orders carried out by Sebastian Donath are only processed in accordance with the following conditions. The Client acknowledges these conditions for the present order and for all additional and future transactions with Sebastian Donath.
2. DEADLINES, DELIVERY TIMES
   1. Deadlines and delivery times are generally non-binding guidelines. This does not apply if deadlines are explicitly agreed upon in writing as fixed dates.
   2. Sebastian Donath is not liable for delays caused by the Client's failure to fulfill necessary cooperation duties or by third parties.
   3. If the Client is in default of acceptance or culpably fails to fulfill other cooperation duties, Sebastian Donath is entitled to claim damages for the resulting losses, including additional expenses. Further claims remain reserved.
3. SCOPE OF SERVICES, REMUNERATION
   1. Only what is included in the order confirmation and previously discussed at the time of the order is considered agreed upon. Additional costs resulting from an expansion of the original order will be charged separately. Ancillary costs (e.g., material and lab costs, props, model fees, travel expenses, etc.) are to be borne by the Client.
   2. If, by explicit agreement with the Client, Sebastian Donath places orders with third parties in his own name and on his own account, all resulting external costs will be passed on to the Client. For ancillary costs (e.g., material and lab costs, props, model fees, travel expenses, etc.) exceeding an expected net value of €50, advance payments are to be made to Sebastian Donath, due upon order placement.
   3. VAT is to be paid on the fees and other charges invoiced by Sebastian Donath. The artist's social security contribution is to be paid by the Client and is not included in the fee.
   4. Usage fees are calculated based on the number of images, duration, type, and location of usage, according to the "Overview of Market-Oriented Remuneration for Image Usage Rights" for the year of image usage, unless stated otherwise in the offer in writing.
   5. Violations of the usage agreement regarding the number of images, usage duration, location, or type will be invoiced with 500% of the "Overview of Market-Oriented Remuneration for Image Usage Rights" of the year of image usage, per image, for the duration or type of unauthorized use. The Client is responsible for third-party users of the images and is required to pay damages to the author.
4. COPYRIGHT USAGE RIGHTS / PERFORMANCE RIGHTS
   1. Sebastian Donath is the sole owner of all copyright usage rights to the work. The Client is granted copyright usage rights exclusively for the contractual purpose. Without the explicit consent of Sebastian Donath (the photographer), these usage rights may not be transferred to third parties, either in whole or in part. The Client does not acquire ownership of the delivered photographic material. The usage resulting from the contract is covered by the fee and the usage rights remuneration. Any further use requires explicit written consent and must be separately compensated. Currency fluctuations are borne by the Client. The Client shall provide proof of publication after usage.
   2. Digital data used in the production of the finished work (e.g., 3D data and texture maps of the respective objects and sets) and all rights to these digital data are not made available to the Client but remain exclusively with Sebastian Donath.
   3. All rights to be transferred to the Client under this contract remain with Sebastian Donath until full payment is received. Only after full payment of the agreed fees and usage rights remuneration may the Client use the usage rights within the contractual scope without further consent from Sebastian Donath.
   4. The Client must credit the photographer as the author when using his work. Additionally, the artist is entitled to use the photographs he creates for self-promotion.
   5. Any form of reproduction, alteration, editing, public display, redesign for reproduction on other image carriers, etc., requires the explicit written consent of Sebastian Donath (the author), unless covered by the agreed usage. The Client is not authorized to scan, store, edit, redesign, duplicate, or transfer the work onto other media or image carriers.
   6. In case of unauthorized use, distribution, or other non-agreed usage, a minimum fee of five times the agreed usage fee is due for each image, depending on the duration, type, and scope of the unauthorized use.
   7. If the author "Sebastian Donath" is not credited during usage, an additional 100% of the agreed photographer fee will be charged. If the photographer's fees are under €2,500 per day or for freelance work, a charge of €2,500 net per image will be invoiced for failure to credit the author.
   8. The right to publish photographs containing individuals will only be transferred to the Client after the explicit consent of the individuals depicted. Sebastian Donath (the author) assumes no liability for obtaining consent from the depicted individuals or for the Client’s resulting claims.
5. DATA DELIVERY, DATA SECURITY
   1. The risk of accidental loss or damage to the photographic material passes to the Client once the material is handed over to the transport person. This also applies if Sebastian Donath handles the transport himself. Transport will only be insured upon the Client's explicit request and at the Client's expense.
   2. All ownership rights to the original work remain with Sebastian Donath. Sebastian Donath is not obligated to archive the photographs or storage media on which they are stored. Sebastian Donath assumes no liability for this.
   3. The Client must return the original works immediately after use, at their own risk and cost. If the originals are not returned or are lost despite a written reminder, Sebastian Donath is entitled to charge a loss fee. This amounts to twice the agreed fee for each photographic original, with a minimum of €2,000.
6. ACCEPTANCE, COMPLAINTS, WARRANTY
   1. If the Photographer owes a specific work result, the Client is obliged to accept the work. Acceptance is considered complete if not declared or refused within 7 days after delivery, provided the result essentially meets the agreed terms. In case of significant deviations, Sebastian Donath will correct these deviations within a reasonable period and submit the work for re-acceptance.
   2. Complaints must be made in writing immediately upon receipt of the material. After the expiration of three working days, the work is considered accepted with regard to visible defects. The Client's claims for damages against Sebastian Donath expire after six months. The limitation period begins with the delivery of the completed work.
   3. The Client or an authorized representative must be present during the photoshoot and give consent to the artistic direction of Sebastian Donath. If neither the Client nor an authorized representative is present, the artistic design cannot be rejected at a later date. In such a case, any new creation of photographs will be separately charged.
   4. If the Client requires the use of specific props or the depiction of certain locations (e.g., buildings, works of art, etc.), the Client shall indemnify Sebastian Donath against any third-party claims related to such use.
7. INVOICE, PRICE, PAYMENT, PAYMENT TERMS
   1. If an order is not carried out due to reasons not attributable to Sebastian Donath, he may charge a cancellation fee of 100% of the agreed fee without needing to prove damage. If a started order is not completed for reasons not attributable to Sebastian Donath, the full fee is due. A job is considered started once Sebastian Donath begins fulfilling his contractual obligations.
   2. Both parties are entitled to prove that a higher or lower damage, or no damage, has occurred. By paying a compensation claim or any other fees, the Client does not acquire any ownership or usage rights to the photographs.
   3. Sebastian Donath invoices for his services immediately after providing them.
   4. Unless otherwise agreed, the Client shall pay within 10 days of invoicing without any deductions.
   5. All prices are stated in the invoice as net amounts plus applicable taxes and as gross amounts. Customs duties, fees, and other charges, including the artist's social security contribution, are to be borne by the Client, even if they are imposed after the fact.
   6. The Client may only offset claims against Sebastian Donath with undisputed or legally established claims. The Client may assert a right of retention only in cases of undisputed or legally established claims.
8. FINAL PROVISIONS
   1. The invalidity of individual provisions does not affect the validity of the remaining provisions. The invalid provision will be replaced by a legally valid regulation that comes as close as possible to the economic purpose of the original provision.
   2. The place of jurisdiction for all disputes between the Client and Sebastian Donath is the location of Sebastian Donath.
   3. Only the laws of the Federal Republic of Germany apply, excluding German international private law.

This English version of the General Terms and Conditions (AGB) is a direct translation of the German version provided. It is strongly recommended to have a legal professional review these terms to ensure they comply with applicable laws in both Germany and the international market.