General Terms and Conditions

 

1. Contractual Parties

The following Terms and Conditions apply to the contractual relationships between Oleh Trushkov (TrueLove.photography) including any colleagues or appointed subcontractors on the one hand (for here on out referred to as TrueLove.photography) and the client on the other hand.

2. Contract

Contracts between TrueLove.photography and the client are realized through a written agreement (via email or in hard copy). The client accepts a written or oral offer made by TrueLove.photography. However, the contract becomes binding only after a written confirmation by TrueLove.photography is sent to the client.

3. Production Order, Liability for Third Party Rights

In the case of photographs/video(s) of people with third party copyrights, the client is obliged to obtain the consent required.

Moreover, the client is obliged to obtain the consent required from not only people, as well as necessary filming permits, rights of use and property releases; unless the client already possesses sufficient permissions of copyright or license. The client assures TrueLove.photography that these relevant rights and licenses have been obtained and releases TrueLove.photography from any liability. The client is aware when making a booking, that such solicitations and information is not a part of the contractual services of TrueLove.photography and the client is expected to take these actions on their own accord.

Therefore, TrueLove.photography is not obliged to examine the execution of the contractual rights of third parties affected. TrueLove.photography can assume that this is checked and dealt with by the client. Thus, the client shall ensure that any copyright or other rights of third parties are respected. In the case that TrueLove.photography is considered to be a part of the damage to third party rights in connection to the services rendered, the client releases TrueLove.photography from liabilities of all corresponding claims and accepts responsibility. The client shall bear all costs for acquiring the necessary rights and use thereof. This includes, for example, royalty fees for music requested by the client.

4. Services and Any Extra Costs that May Arise After an Event

All services comply with the agreed upon package / offer between TrueLove.photography and the client. This includes the transfer of the copyrights as described under point 8a) to 8c) regarding the photos and film produced for the client.

As a rule, the package / offer includes: a certain number of edited photos (nevertheless, depending on the size of the event, this number can differ); at least 5 MP resolution, which is enough to print on a DIN A3; photos on a USB drive or as digital download ( or video USB drive or as digital download or print products), for which the client can use all the acquired rights (see point 8).

All our services include a free, non-binding personal meeting in Pforzheim, Germany.

The editing of pictures and videos include optimizing exposure, color, contrast and image detail.
The work is done on a calibrated monitor in either the Adobe RGB color space or in the sRGB color space – some color variations as been by the client on another device are possible.

TrueLove.photography itself stores the raw data for 2 months and the JPGs for maximum of 1 year. Special editing requests or correction requests must be made within this time (up to 2 months after the event / photo shoot / filming).

Photo albums, other printed materials and videos are shown to the client for approval before the final product is completed. A maximum of 2 corrections are included within the prices; additional work is calculated with 30 euros (not including VAT) for every 30 minutes. Upon the client’s request, a maximum of 10 selected photos can be retouched to reduce wrinkles and make the skin look smoother – the retouching of additional photos will cost 10 euros (not including VAT) per additional photo.

5. Prices and Costs

a. Location of Service Rendered: Germany
For contracts with services rendered in Germany all prices quoted by TrueLove.photography are including 19% VAT.

b. Location of Service Rendered: Outside Germany
We ask these clients to fulfil taxation requirements according to the regulations of their perspective countries, for it does not fall within the German VAT system.

c. Larger Events
For larger events with at least 8 hours and more than 150 people, where an assistant is required, an additional charge of 300 euros (net price) will be added to the bill.

6. Withdrawal from the Contract / Booking and Cancellation

a. Withdrawal from the Contract / Booking by the Client
Withdrawal by the customer is possible, however, there will be a cancellation fee, as follows:
Cancellation up to 120 days prior to the event: the prepayment
Cancellation up to 90 days before the event: 5% of the agreed amount + the prepayment
Cancellation up to 60 days before the event: 10% of the agreed amount + the prepayment
Cancellation up to 30 days before the event: 20% of the agreed amount + the prepayment
Cancellation up to 10 days before the event: 40% of the agreed amount + the prepayment
Cancellation within 9 days before or on the day of the event: 60% of the agreed amount + the prepayment
Exceptions: If, after an event is canceled by the client, they book TrueLove.photography on another date, the cancellation fees will be regulated according to the special circumstances.

b. Reservations
For reservations (maximum duration of a reservation is 4 weeks) no cancellation costs will be incurred, with one exception: if we turned-down another request due to the current reservation, there will be a cancellation fee of 100 euros (net price) plus the cancellation costs according to the table (6a.), if the client decides not to convert the reservation into an official booking.
In this case, we will contact the client who has made the reservation and ask if their reservation still stands. When the answer is yes, but the client later on does not go ahead with the booking, we will charge the client 100 Euro (net price) plus cancellation costs in accordance with table (6a.).

c. Withdrawal from the Contract / Booking by TrueLove.photography
A withdrawal by TrueLove.photography is also possible due to: technical failures, other important reasons, illness, pregnancy, accident, death, natural disasters, etc. In this case, TrueLove.photography will strive to organize a replacement on the same terms as agreed. A withdrawal from the contract / of the reservation has to be made as early as possible by telephone or in writing.

d. Cancellation
All contracts / orders / bookings that have been made (e.g. through letters, emails, phone, etc.) may be withdrawn by the client 14 days after the booking has been made, unless the service has begun to be rendered (e.g. preliminary shooting or personal meeting has already taken place) or individual goods (e.g. photo albums or cards) have been ordered. The cancellation is done by either filling out a form or calling (e.g. email / telephone, etc…) TrueLove.photography.

7. Liability

For personal or property damage during an event, the organizer of the event is held liable, as long as the damage was not caused by gross negligence or a deliberate act by TrueLove.photography.
Provided that TrueLove.photography was not responsible for the circumstances and external influences (e.g. assult, natural disasters, technical failure, etc…) and the agreed services cannot be provided in all or partly, the client has no right to compensation. If a payment was already made, the client will be reimbursed, not including the expenses for services already rendered.

TrueLove.photography is liable if it does not satisfy explicitly requested wishes or ideas expressed by the client ahead of time (for example, both sets of parents should be filmed / photographed, but one was completely forgotten and is not represented) – the liability is only applicable to the portion of the unsatisfactory service and not in the entirety.

8. Copyrights

a. Acquiring the Right to Unrestricted Use
Both the taking and editing of photos / video(s) are a creative artistic activity – consequently, all the rights of the outcome of these activities are automatically given to TrueLove.photography.
If the client wants to use the photos / video(s) at their own convenience, for example, publishing them on social media networks, or passing them on to a third party, the client must acquire the rights.
According to our experience, since the majority of our clients want to have the rights, we have included these transfer of rights in the prices quoted on this website or individually quoted prices – that means that the transfer of rights are already incorporated in these prices. The assignment of rights includes the unrestricted use by the client for all private and commercial purposes and all forms and media, for restricted or unrestricted release. In addition to the transfer of rights, the client receives the associated photos and/or video(s) on a device.

b. Limited Rights Acquisition
If a client wants the files exclusively for their own use – which excludes a disclosure to third parties – they will receive a custom offer, upon their request. On the net price, there is a legal requirement in these cases, to add 19% VAT. In the absence of the full acquisition of rights according to 8a. the copyright (for example, the right to market or the disclosure to third parties) remains with TrueLove.photography.

c. Whereabouts of Rights at TrueLove.photography
In both cases (As described under 8a. and 8b.), TrueLove.photography still has the right to use both the photo and video material and artistically edited photos / video(s) for our own presentation purposes and for self-promotion on the Internet e.g. on our website(s). The client agrees to get the consent of the people being taken photos of or filmed. If this solicitation should be insufficient and TrueLove.photography in good faith uses the photo or footage for self-promotional purposes, the liability is limited to 150 euros (net price) for work incurred.

9. Payments

Payments are made directly without deduction and exclusively to TrueLove.photography.
Payment options:
a) After invoicing (done with providing the agreed service) – the payment can either be made by wire transfer to a provided TrueLove.photography account or via cash payment.
b) A payment via Paypal is available on request.

10. Jurisdiction, Applicable Law

The place of jurisdiction for any legal actions is in Pforzheim, Germany. It will be governed under German law. The client agrees to these conditions.

Last updated on March 2018
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