1. Scope
1.1 These Terms and Conditions apply to all contracts between Erik Farid, Erik Farid Fotographie und Film, Lange Gasse 43a, 8010 Graz (the “Photographer”) and his clients (the “Client”) for photographic and film services, in particular in the fields of portrait, wedding and family, event and occasion, business and corporate, fashion, advertising and brand campaigns, product, architecture and real estate, trade fair, and video production.
1.2 Deviating or supplementary terms of the Client only apply if the Photographer has agreed to them in writing.
1.3 Consumers within the meaning of the Austrian Consumer Protection Act (KSchG) are persons who enter into the contract for private purposes. Provisions that refer expressly only to businesses or only to consumers are marked accordingly.
2. Offer and Conclusion of Contract
2.1 Offers made by the Photographer are non-binding and valid for 14 days from the date of the offer unless stated otherwise.
2.2 The contract is concluded by the Photographer’s written order confirmation or the Client’s written acceptance of the offer (email is sufficient).
2.3 The scope of services is set out in the offer or order confirmation. Additional requests (e.g. longer coverage time, further locations, additional editing) are charged separately.
3. Services
3.1 The Photographer performs his services to the best of his ability and generally at his own artistic and creative discretion. Style, composition, image selection and editing are at the Photographer’s discretion unless expressly agreed otherwise.
3.2 A particular result or a particular number of images is only owed if this has been agreed in writing.
3.3 The Photographer may use assistants (e.g. assistants, make-up artists, videographers) and subcontractors.
3.4 Weddings, events and occasions: At events, the Photographer can only capture situations that present themselves at reasonable effort. The Client informs the Photographer in advance about the schedule and any specifically desired shots (e.g. group photos). The Client ensures that the Photographer has access to all relevant locations and can work without hindrance.
3.5 Fashion, advertising, business and product: The Client provides the briefing, mood board, products, models, locations and permits in good time unless agreed otherwise. The Client is responsible for the legal permissibility of the content it specifies (brands, texts, products).
3.6 Architecture and real estate: The Client ensures that it is authorized to have the properties photographed and that the properties are accessible, tidy and cleared at the time of the appointment.
3.7 Video production: The provisions of these Terms apply accordingly to video recording, editing, color grading and sound editing. The scope of the service (length, formats, number of revision rounds) is specified in the offer.
4. Client’s Duties to Cooperate
4.1 The Client provides all information, materials and permits required to carry out the assignment in good time.
4.2 For shoots at private or protected locations (e.g. event venues, properties, public buildings, monuments), the Client obtains the necessary permissions unless agreed otherwise. This also includes filming and photography permits and consents from third parties.
4.3 Delays or additional costs caused by the Client’s lack of cooperation are borne by the Client.
5. Fees and Payment
5.1 The prices agreed in the offer apply. All prices are in euros. The Photographer is currently a small business within the meaning of Section 6(1)(27) of the Austrian VAT Act (UStG), therefore no VAT is shown. If this exemption ceases to apply, the fee is understood to be plus statutory VAT.
5.2 Additional costs (e.g. travel from Graz, travel expenses, travel time, accommodation, parking fees, admissions, props, model fees, licenses, printing and lab costs, drone and special permits) are charged separately unless included in the offer.
5.3 For larger assignments or when booking a date, the Photographer may require a deposit of up to 50% of the fee. The date is only binding once the deposit has been received.
5.4 Invoices are payable within 14 days of the invoice date without deduction unless agreed otherwise. In the event of late payment, statutory default interest applies. Until full payment, the Photographer may withhold the delivery of image files and the granting of usage rights.
5.5 Set-off against counterclaims is only permitted if the counterclaim has been established by a court or acknowledged in writing by the Photographer. Towards consumers, this applies only to the extent permitted by the KSchG.
6. Rescheduling and Cancellation
6.1 Agreed dates are binding. Rescheduling is possible by arrangement and subject to availability. If the Client reschedules an appointment more than once, the Photographer may charge for additional effort.
6.2 In the event of cancellation by the Client, the following cancellation fees apply unless otherwise agreed, based on the agreed fee:
up to 30 days before the date: free of charge (a deposit paid will be refunded, less costs already incurred)
29 to 14 days before the date: 30%
13 to 7 days before the date: 50%
less than 7 days before the date or no-show: 100%
The Client may prove that the Photographer suffered a lower loss. Saved expenses and income earned elsewhere will also be credited.
6.3 Weather-dependent shoots (outdoor): In the event of bad weather that makes the shoot impossible or unreasonable, a replacement date will be arranged free of charge.
6.4 Photographer’s inability to perform: If the Photographer is prevented by illness, accident or force majeure, he will endeavor to arrange a replacement date or an equivalent substitute photographer. If neither is possible, payments already made will be refunded. No further claims exist, except in cases of intent or gross negligence.
7. Delivery and Image Editing
7.1 The Photographer selects from all recordings and delivers the agreed number of edited images or the finished video. Unselected recordings and raw data (RAW files) are not part of the delivery and are only handed over if expressly agreed against separate payment.
7.2 Delivery is digital (e.g. via online gallery or download link) unless agreed otherwise. The Client is obliged to back up the files immediately after receipt.
7.3 Stated delivery times are guidelines unless expressly agreed in writing as binding. For larger productions (e.g. weddings, video projects, campaigns), delivery may take several weeks.
7.4 The Photographer edits the images in his artistic style (including color correction and retouching). Extensive retouching (e.g. beauty retouching, composites, cutouts) may be charged separately.
7.5 Revision rounds (especially for video and commercial projects): Unless stated otherwise, one revision round is included in the fee. Further changes are charged by effort.
7.6 After completion of the assignment, the Photographer archives the image files for 12 months. There is no obligation to store them for longer. After that, he may delete the data.
8. Copyright and Usage Rights
8.1 The Photographer is the author of all works he creates. Copyright remains with the Photographer and is not transferable.
8.2 Upon full payment, the Client receives a non-exclusive, non-transferable right of use to the agreed extent.
Private clients (portrait, wedding, family, event): Use for private, non-commercial purposes, in particular prints, photo books, sharing with family and friends, and publication on private social networks.
Business clients (business, fashion, advertising, product, architecture, trade fair, video): Use for the purposes, media, territories and periods agreed in the offer. Any use beyond this (e.g. other media, longer duration, use in third-party projects, print runs, passing on to third parties) requires prior written consent and may be subject to additional fees.
8.3 Passing the images on to third parties (e.g. agencies, press, competitors), selling the images, using them for competitions or feeding them into AI systems (e.g. for training AI models) is not permitted without the Photographer’s written consent.
8.4 Alterations to the images by the Client or third parties (e.g. filters, cropping, retouching, montage, distortion) require the Photographer’s consent where they go beyond technically necessary adjustments (e.g. cropping to a format).
8.5 Credit: The Photographer must be credited as the author with every publication (e.g. “Photo: Erik Farid” or “Farid Media” for social media posts, linking to @erikfarid.photography). For commercial assignments, a different arrangement may be agreed in writing. If credit is omitted, the Photographer may charge a surcharge of 100% of the agreed fee, but at least the amount that would have been payable had credit been given correctly.
8.6 In the event of unauthorized use of the images, the Photographer may claim injunctive relief, removal, reasonable compensation and damages under the Austrian Copyright Act.
8.7 Rights to the files only pass upon full payment.
9. Photographer’s Self-Promotion
9.1 The Photographer is entitled to use the photos and videos created for self-promotion, in particular on his website, on social media (e.g. Instagram), in portfolios, print products and in competitions. This does not apply where overriding legitimate interests to the contrary exist.
9.2 Recordings of people: If a person is identifiable in the recordings, publication only takes place with their consent (e.g. model release). The Client informs the Photographer before or when placing the order if it does not agree to publication. Objection is possible informally at any time for the future.
9.3 For commercial assignments (e.g. fashion, advertising, business), the parties may agree otherwise in writing on an embargo period or confidentiality.
10. Rights of Depicted Persons
10.1 A Client who brings people (e.g. employees, models, guests, children) to the shoot is responsible for ensuring that they consent to the recordings being made and to the agreed use of the images. For minors, the consent of their legal guardians is required.
10.2 The Client indemnifies the Photographer against claims by third parties based on a violation of personality, trademark or other rights of third parties for which the Client is responsible. Towards consumers, this indemnification only applies to the extent legally permitted.
11. Liability
11.1 The Photographer is only liable for damages in cases of intent or gross negligence. Liability for slight negligence is excluded, except for personal injury, breach of material contractual obligations, or where mandatory law provides otherwise. In these cases, liability is limited to the foreseeable, typical damage and, in amount, to the agreed fee. Towards consumers, the exclusion of liability for slight negligence only applies to the extent permitted by Section 6 KSchG.
11.2 Towards businesses, the Photographer is only liable for loss of profit, indirect damages and consequential damages in cases of intent.
11.3 The Photographer is not liable for loss of or damage to image data after delivery. Until delivery, he takes customary data backup measures (e.g. backup copies).
11.4 Items brought by the Client (products, clothing, props) are handled carefully by the Photographer. The Client is responsible for insuring them.
11.5 The Photographer is not liable for recordings that cannot be made, or cannot be made as agreed, due to circumstances beyond his control (e.g. refused access, unexpected restrictions at the venue, lack of cooperation, weather, force majeure).
11.6 For shoots at locations, the Client is responsible for their safety. Entering dangerous places is at one’s own risk.
12. Warranty and Complaints
12.1 The statutory warranty provisions apply. The Client must report obvious defects in writing within 14 days of delivery. For businesses, the duty of inspection and notification under Section 377 of the Austrian Commercial Code (UGB) applies.
12.2 A subjective assessment of the style, color rendering or aesthetic impression of the images does not constitute a defect. The Photographer is entitled to improve or replace the work before further warranty rights can be asserted.
12.3 Color deviations between different screens, printing processes and papers are technically conditioned and do not constitute a defect.
13. Right of Withdrawal for Consumers
13.1 If a consumer concludes the contract exclusively by means of distance communication (e.g. email, phone, website) or away from the Photographer’s business premises, the consumer has a 14-day right of withdrawal from the conclusion of the contract under the Austrian Distance and Off-Premises Contracts Act (FAGG).
13.2 Withdrawal must be declared by an unambiguous statement (e.g. an email to office@faridmedia.com).
13.3 If the consumer expressly requests that the Photographer begins performing before the withdrawal period expires, and the service has been fully performed, the right of withdrawal expires upon full performance, provided the consumer was informed of this and agreed to it. In the case of partial performance, a proportionate fee is payable for services already rendered.
13.4 For services tied to a specific date (e.g. a shoot on a particular day), there is no right of withdrawal under Section 18(1)(10) FAGG if the contract provides for a specific date or period for the service. This applies to leisure and event services. Whether this exception applies in an individual case depends on the nature of the assignment.
14. Confidentiality and Data Protection
14.1 Both parties treat confidential information received in connection with the assignment as confidential.
14.2 The Photographer processes personal data in accordance with the GDPR. Details can be found in the Privacy Policy on faridmedia.com.
15. Final Provisions
15.1 Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law only applies to the extent that it does not deprive them of mandatory consumer protection provisions of the state in which they have their habitual residence.
15.2 For all disputes arising from the contractual relationship with businesses, the competent court in Graz has exclusive jurisdiction. For consumers, the statutory place of jurisdiction applies.
15.3 Amendments and supplements to the contract must be in writing (email is sufficient). This also applies to waiving this written-form requirement.
15.4 Should a provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that comes closest to its economic purpose.
15.5 The Client is obliged to notify any change of address or contact details without delay. Notices sent to the last known address are deemed received.
Erik Farid Fotographie und Film Lange Gasse 43a · 8010 Graz · office@faridmedia.com · faridmedia.com