Legal & Privacy

General Terms and Conditions (AGB)

for Photography Services by Augusto Santiago Talpalar

1. Scope

These Terms and Conditions apply to all contracts for photography services concluded between Augusto Santiago Talpalar (hereafter “Photographer”) and the client, whether for street, event, wedding, or studio photography.

2. Services

The Photographer provides professional photography services as agreed in the contract or order confirmation. Services include shooting, post-processing, and delivery of agreed image files or prints.

3. Contract Conclusion

The contract is concluded upon confirmation of the booking by the Photographer or upon written confirmation (email or signed agreement) by the Client.

4. Pricing and Payment

Prices are as agreed in the contract or price list and are quoted in Euros, excluding statutory VAT.

Payment is due within 14 days of invoice receipt unless otherwise agreed.

For bookings less than 14 days before the event/shoot date, full payment or a deposit may be required immediately.

A non-refundable booking fee of 30% of the total fee may be required to confirm certain reservations. This secures the booking date and compensates the Photographer for declining other clients.

5. Cancellation and Postponement

Cancellation by the Client less than 14 days before the scheduled appointment will incur a cancellation fee of 60% of the agreed total price.

For cancellations less than 7 days before the appointment, 80% of the agreed total price will be charged.

Postponements or rescheduling requests depend on the Photographer’s availability and may be subject to additional costs.

Cancellations must be made in writing (email is sufficient) to be valid.

6. Client Obligations

The Client ensures that all necessary permissions and rights (e.g., location permits, model releases) are obtained.

The Client shall inform the Photographer about any specific wishes or requirements prior to the shoot.

7. Rights of Use and Copyright

The Photographer retains the full copyright to all images produced (Urheberrecht, UrhG).

The Client receives a non-exclusive, non-transferable right to use the images for the agreed purpose (e.g., private use, commercial use as specified).

Any further use, reproduction, editing, distribution, or publication — in whole or in part — without prior written permission from the Photographer is strictly prohibited.

Unauthorized use will be considered an infringement of copyright and may be pursued under civil and/or criminal law. In such cases, the Photographer reserves the right to claim damages, licensing fees, and reimbursement of legal costs.

All content on the Photographer’s website, including text, images, layout, and design, is similarly protected and may not be used without permission.

8. Delivery and File Handling

Delivery times will be agreed upon but typically range from 2 to 6 weeks depending on the project.

Delivery is digital (via download link) or physical (prints), as agreed.

The Photographer is not liable for technical issues caused by third-party file transfer services (e.g. WeTransfer, Dropbox) or temporary website outages. Clients should download and securely store all delivered files promptly.

The Photographer is not obligated to archive image files after delivery. Extended archiving may be arranged upon request and may incur an additional fee.

9. Liability

The Photographer exercises professional care in executing services.

Liability for minor defects is limited to rectification or replacement.

Liability for indirect damages, lost profits, or consequential damages is excluded except in cases of intent or gross negligence.

10. Data Protection and Image Use

Personal data collected will be processed in accordance with the Privacy Policy and the General Data Protection Regulation (GDPR).

The Client agrees to the use of selected images for self-promotion (e.g. website, social media, exhibitions) by the Photographer unless explicitly objected to in writing before the shoot.

11. Street Photography and Personality Rights

In the case of street photography and other artistic works created in public spaces, the Photographer exercises his right to artistic freedom under Article 5 of the German Constitution (Grundgesetz) and § 23 KunstUrhG. These works are not intended to portray individual persons as the primary subject but are to be understood as artistic compositions where all elements — including people, architecture, light, shadow, and more — contribute to the overall expression.

Photographs are taken and used in accordance with German law, particularly § 22 and § 23 KunstUrhG. If a person believes that their rights have been affected, they may contact the Photographer directly. In such cases, a respectful solution will be sought, including, where appropriate, the removal of the image or a gesture of goodwill such as providing a fine art print.

12. Force Majeure

If the Photographer is unable to fulfill the contract due to force majeure (e.g. illness, accident, travel disruption, natural disasters, or other unforeseeable events beyond their control), no liability shall arise. In such cases, the Photographer will make reasonable efforts to reschedule or arrange a substitute. Any fees already paid for services not yet rendered will be refunded.

13. Final Provisions

Changes or additions to the contract must be made in writing.

Should any provision of this agreement be found invalid, the remainder shall remain fully effective.

German law applies.

Place of jurisdiction is Berlin.