General Terms and Conditions (GTC)

Scope

The following general terms and conditions apply exclusively to all business transactions between the parties. Deviating terms and conditions of the respective customer, hereinafter referred to as "the Client," shall not apply unless the photographer Jenni Biddle, hereinafter referred to as "the Contractor," has expressly agreed to them.

For the purposes of these GTC, “photographs” refer to all digital products (including but not limited to photographs and videos) created by the Contractor, regardless of their technical form or the medium used for creation or production. This particularly includes printed or developed paper photographs, printed or developed photographs in photo books and wedding albums, digital photographs in online galleries, or photographs and videos stored on other data carriers.

Client's Responsibilities

The Client must ensure that the Contractor has all necessary information to execute the assignment in a timely manner (schedule, instructions, special requests, etc.). Delays due to the Client’s failure to provide this information will be at the Client’s expense and count as billable working time for the Contractor.

The Client must ensure that photography is permitted at the specified locations. The Contractor is not responsible for verifying whether photography is allowed or for any rights related to the depicted individuals, buildings, locations, or objects. This responsibility lies solely with the Client. The Client indemnifies the Contractor against any claims from third parties arising from a breach of this obligation.

The Client must submit complaints in writing within 14 days of receiving the photographs. After this period, the photographs are deemed to be accepted as contractually compliant and free of defects.

Contractor's Services

The Client acknowledges that both the photographic process and the selection and editing of the photographs are subject to the Contractor’s artistic discretion. Therefore, complaints regarding these aspects will not be accepted. Any modification requests require a separate agreement and will be charged additionally.

Unless otherwise agreed, the Contractor does not guarantee a specific number of photographs.

The Contractor creates a realistic photographic reportage. The Client understands that this entails an authentic depiction of people, events, and objects. Unless otherwise agreed, photo editing includes only basic retouching (adjustments to lighting, focus, framing, and RAW file development). Further retouching is not included.

Contractor’s Responsibilities

The Contractor will take photographs as agreed on the Client’s wedding day. The Client may request additional hours of service on the day.

The Contractor will deliver the selected and edited photographs in a format solely determined by the Contractor (e.g., JPEG). RAW files will not be provided under any circumstances.

The Contractor will deliver digital copies of the photographs to the Client within eight weeks after the photo session. In the case of additional high-end products (e.g., wedding albums), a separate delivery date will be set based on production time.

Once the photographs are delivered, the Client assumes full responsibility for any loss, destruction, or damage. The Contractor is not obligated to store the digital files beyond the delivery date.

Fees and Expenses

If the actual working time exceeds the agreed period, an additional fee of €350 per started hour will be charged.

A deposit is due within 10 days of signing the contract. This means the Client is required to make an advance payment. The payment must be received in time in the following account:

Jenni Biddle Photography

IBAN: DE76 1001 1001 2137 9486 74

BIC: NTSBDEB1XXX

If the agreed deposit is not paid on time, the Contractor is entitled to withhold the agreed service.

The remaining balance is due within seven days of invoicing by the Contractor.

For the Contractor’s travel, Gütersloh is considered the starting and return location. No travel costs apply within a 200 km radius of Gütersloh unless otherwise agreed. If the travel exceeds this distance, a flat fee of €300 applies. Flight costs and required accommodations will be billed according to actual expenses.

If agreed, the Client will provide a single room near the wedding venue. Typically, two nights are required to ensure timely arrival at the location.

Additional costs incurred due to the assignment, such as material costs, parking fees, postage, and packaging, are not included in the fee and must be covered by the Client. During the reportage, the Client must provide the Contractor with appropriate refreshments and meals free of charge.

Changes, Extensions, and Cancellations

If an assignment is canceled by either party under applicable legal cancellation rights, the following terms apply:

If the Client cancels the assignment, the Contractor is entitled to compensation as per Section 5.3 of this agreement, unless the Client can prove that the Contractor has suffered less or no loss, or if the Contractor is responsible for the cancellation.

If the Contractor is unable to fulfill the assignment due to illness or other reasons for which they are responsible, the deposit will be refunded to the Client.

Consumer rights regarding withdrawal remain unaffected.

Ownership, Usage, and Copyright

The photographs remain the property of the Contractor until full payment is received.

The Client acquires a simple usage right for private purposes (prints for personal use, personal social media profiles, personal websites, etc.). The right to reproduce and share the photographs with third parties is granted for private use only.

Any transfer for use or publication in a non-private context requires prior approval from the Contractor. Other service providers (e.g., makeup artists, decorators, wedding planners) may only use the photographs with the Contractor’s permission.

Usage rights are granted only after full payment is received.

The Contractor selects the final photographs. The Client has no right to receive all images taken.

Photographs may only be used in their original form. Any modification or alteration requires the Contractor’s prior approval.

All existing metadata entries must remain intact.

The Contractor is entitled to use photographs exclusively featuring the Client for promotional and illustrative purposes (e.g., exhibitions, fairs, personal website, blog, photography or wedding industry magazines, etc.). The Client has the right to object in writing.

Liability

The Contractor is not responsible for verifying whether photography is permitted at a location or for any rights related to depicted people, buildings, places, or objects. The Client assumes full responsibility and indemnifies the Contractor against third-party claims resulting from any legal violations.

The Contractor is only liable for breaches of non-essential contractual obligations if caused by gross negligence or intent. This does not apply to claims arising from injury to life, body, or health. Indirect damages will not be compensated. Where the Contractor is liable, liability is limited to the foreseeable damage at the time of contract conclusion.

The Contractor assumes no liability for force majeure (sudden illness, flight cancellations, accidents, etc.) or for technical failures (defective equipment, etc.) not attributable to their fault.

If the assignment cannot be fulfilled on the agreed date due to circumstances beyond either party’s control, both parties will seek an alternative date while considering the Contractor’s other bookings. The Client is expected to adapt the event to changed circumstances where reasonable.

Set-Off, Right of Retention, and Assignment

The Client may only offset payments against claims that are undisputed or legally established. The same applies to the assertion of retention rights.

Assigning claims against the Contractor to third parties requires the Contractor’s written consent.

Written Form

Additions and modifications to this agreement, including these GTC, must be in writing to be valid. Individual agreements remain unaffected.

Applicable Law

German law applies. For consumers, this choice of law only applies if it does not deprive them of the protection of mandatory provisions in their country of residence.

The place of fulfillment for all services under this business relationship is Gütersloh. The legal venue is Gütersloh, unless the Client is a consumer.

The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.