GENERAL TERMS & CONDITIONS

Joana Weddings | Joana Buchmayer

Effective as of November 9, 2026

Applicable to wedding photography, elopements, engagement sessions, couple sessions and other private photography services.

1. Scope & Booking Agreement

(1) These General Terms & Conditions apply to all photography services provided by Joana Buchmayer, hereinafter referred to as the Photographer.

(2) The individual details of each booking, including the date, location, duration, scope of services, photography fee and payment terms, are specified in the individual booking offer or agreement.

(3) Individually agreed contractual terms take precedence over these General Terms & Conditions.

(4) A contract is formed when the Client accepts the individual booking offer. Acceptance may be given expressly, for example by email, or by making a payment where this method of acceptance is clearly specified in the offer.

(5) These Terms & Conditions become part of the agreement only if they have been made available to the Client before the contract is concluded and the Client has agreed to their application.

(6) The agreed date is considered firmly reserved once the required booking payment has been received and the Photographer has confirmed the booking.

2. Photography Fees & Payment Terms

(1) The total photography fee and payment terms are specified in the individual booking offer.

(2) An initial payment of at least 50% of the total photography fee is generally required to secure the agreed date. The exact amount is agreed individually. For selected photography services, full payment may be required in advance.

(3) The initial payment will be fully credited towards the total agreed photography fee. Any remaining balance is payable according to the payment schedule specified in the individual agreement.

(4) Upon confirmation of the booking, the Photographer begins preparing for the assignment. This may include personal consultations, individual planning and coordination, administrative work and reserving the agreed date.

(5) Additional expenses, including travel, accommodation, parking or location fees, will only be charged if agreed in advance.

(6) The initial payment is not automatically forfeited or considered non-refundable in all circumstances. In the event of cancellation, the provisions of Section 7 apply.

3. Artistic Approach & Image Editing

(1) The Client acknowledges that photography is an artistic service and confirms familiarity with the Photographer's portfolio and creative approach.

(2) Within the scope of the agreed services, the Photographer retains artistic discretion over image composition, selection and editing.

(3) All delivered photographs are professionally edited in the Photographer's signature style. This includes both colour and black-and-white imagery. The selection and distribution of these images are determined at the Photographer's artistic discretion.

(4) The final selection of photographs is made exclusively by the Photographer. The Client is not entitled to receive every photograph taken during the assignment.

(5) Unedited photographs, RAW files, rejected images and original analogue film negatives will not be provided unless expressly agreed otherwise.

(6) Standard image editing includes adjustments to colour, contrast, brightness and composition. Extensive retouching, such as detailed skin retouching or object removal, is not included in the standard service.

(7) Additional editing requests may be accommodated by separate agreement and may be subject to additional fees.

(8) The Photographer's artistic style and creative decisions do not, in themselves, constitute a defect. The Client's statutory rights in the event of a failure to meet the agreed contractual requirements remain unaffected.

4. Photography Services & Image Delivery

(1) The Photographer will provide the photography services outlined in the individual booking offer.

(2) The final photographs will be delivered as high-resolution JPEG files through a private online gallery within eight weeks of the photography assignment, unless otherwise agreed.

(3) Where analogue film photography is expressly included in the agreed services, the corresponding photographs will also be delivered as digital files following film development and scanning.

(4) A specific number of photographs is only guaranteed where expressly agreed upon.

(5) The Photographer will make every reasonable effort to capture the requested photographs, people and meaningful moments. However, complete coverage of every person or event cannot be guaranteed.

(6) Lighting conditions, weather, venue restrictions, delays or circumstances beyond the Photographer's control may affect the photographic results.

(7) If unforeseen circumstances are likely to affect the agreed delivery time, the Photographer will inform the Client as soon as reasonably possible. The Client's statutory rights remain unaffected.

5. Image Storage & Backup

(1) The final photographs will be made available through a private online gallery. The Client will be informed of the gallery's availability period.

(2) The Client is responsible for downloading and securely backing up the delivered photographs within the communicated availability period.

(3) Once this period has expired, the Client is generally not entitled to permanent storage of the image files or unlimited access to the online gallery. Any statutory obligations remain unaffected.

(4) The Photographer recommends storing the delivered photographs on at least two independent storage devices.

6. Client Responsibilities

(1) The Client agrees to provide all information relevant to the photography assignment in a timely manner. This includes schedules, addresses, special requests and any restrictions at the agreed locations.

(2) The Client is responsible for obtaining any necessary photography permissions for privately owned or restricted locations, unless otherwise agreed.

(3) Delays caused by the Client may reduce the available photography time accordingly. Such delays do not entitle the Client to an extension of the agreed coverage without additional charge.

(4) The Photographer is not required to photograph in violation of venue regulations or instructions given by authorised personnel.

(5) For photography assignments lasting six hours or more, the Client agrees to provide appropriate refreshments, a meal and the opportunity for necessary breaks.

7. Cancellation & Rescheduling

(1) The Client must communicate any cancellation or termination of the agreed assignment in text form, for example by email.

(2) If the Client terminates the agreement without a specific legal reason requiring different treatment, a standard cancellation compensation amount of 25% of the total agreed photography fee is provided for. This is intended to reflect the preparation work typically already performed, as well as the economic consequences of reserving the agreed date and potentially declining other bookings.

(3) The Client expressly retains the right to demonstrate that no compensation or remuneration is owed to the Photographer, or that the amount legally owed is substantially lower than the stated amount.

(4) Instead of applying the standard amount, the Photographer may claim the remuneration to which they are legally entitled, calculated individually. Any expenses saved and income from alternative assignments that must be credited will be taken into account. No amount will be charged twice.

(5) Any payments already made will be credited against the amount legally owed. Any excess payment will be refunded to the Client.

(6) Rescheduling is subject to the Photographer's availability and mutual agreement. The Client is not entitled to an alternative date as a matter of right.

(7) Where a new date is mutually agreed upon, any revised conditions will be agreed separately.

(8) Statutory withdrawal rights and mandatory legal rights of cancellation, termination or rescission remain unaffected.

8. Photographer Unavailability & Exceptional Circumstances

(1) If the Photographer is unable to provide the agreed services due to illness, injury or other unforeseen circumstances, the Client will be informed as soon as reasonably possible.

(2) In such circumstances, the Photographer may assist in finding a suitable replacement photographer or offer an alternative date.

(3) Any replacement or rescheduling arrangement requires the Client's agreement.

(4) If the agreed services cannot be provided and no alternative arrangement is agreed upon, payments for services not performed will be refunded in accordance with applicable law.

(5) Exceptional circumstances beyond the Photographer's responsibility are governed by applicable statutory provisions. The statutory rights of both parties remain unaffected.

9. Copyright & Usage Rights

(1) The Photographer retains all applicable copyrights in the photographs created during the assignment.

(2) Upon full payment, the Client receives a non-exclusive, unlimited-term licence to use the delivered photographs for personal, non-commercial purposes.

(3) Personal use includes printing photographs, creating albums, sharing images with friends and family, and publishing photographs on personal websites or social media accounts.

(4) Commercial use, resale or the transfer of usage rights to third parties for commercial purposes requires the Photographer's prior consent. Additional licensing fees may be agreed upon.

(5) The photographs may not be altered through filters, presets, substantial colour modifications or other creative edits without the Photographer's prior permission.

(6) Appropriate credit to the Photographer, particularly by tagging or linking to the Photographer's profile, is appreciated when sharing photographs publicly.

10. Portfolio, Promotion & Publication

(1) The photographs created during the assignment may also serve to present the Photographer's artistic work. The Photographer intends to use selected images to showcase their portfolio and for their own promotional and marketing purposes.

(2) This may include publication on the Photographer's website, blog and social media platforms, including Instagram, Facebook and Pinterest, as well as in wedding publications, editorial features, brochures, advertisements and other promotional materials.

(3) Photographs selected for publication may feature the Client, wedding guests, other attendees and moments from the event itself.

(4) The Client agrees to inform their guests in advance that professional photography will take place and that selected photographs may potentially be used for the Photographer's portfolio and promotional purposes.

(5) If the Client is aware of any individuals who do not wish to be photographed or whose images should not be published, the Client agrees to inform the Photographer as early as reasonably possible. Where necessary, the Client will assist the Photographer in obtaining any required consent.

(6) The publication of photographs will comply with applicable data protection and personal image rights laws. Where consent or another lawful basis is required, it must be established before publication. The Photographer remains responsible for the legality of their own publications.

(7) The Client's consent to the promotional use of photographs in which they are identifiable will be obtained separately. Such consent is voluntary and may be withdrawn at any time with effect for the future.

(8) The Client's decision regarding publication does not affect the agreed photography fee.

11. Liability & Statutory Rights

(1) The Photographer agrees to carry out the services with reasonable professional care and diligence.

(2) The Photographer is fully liable for damage caused intentionally or through gross negligence, as well as for injury to life, body or health resulting from a culpable breach of duty.

(3) In cases of slight negligence involving essential contractual obligations, liability may be limited to foreseeable damages typical for the contract, to the extent permitted by law.

(4) In all other respects, the applicable statutory provisions on liability and remedies for defective performance shall apply.

12. Statutory Right of Withdrawal

(1) The statutory provisions governing withdrawal rights apply to distance contracts and contracts concluded away from business premises.

(2) For services connected with leisure activities that are booked for a specific date or period, the statutory exception to the right of withdrawal under Section 312g (2) No. 9 of the German Civil Code (BGB) may apply if its legal requirements are met.

(3) Where a statutory right of withdrawal applies to the individual booking, the Client will receive the required withdrawal information and, where applicable, a model withdrawal form separately before the contract is concluded.

(4) Mandatory statutory withdrawal rights remain unaffected.

13. Applicable Law & Final Provisions

(1) These Terms & Conditions and the contractual relationship between the Photographer and the Client are governed by German law.

(2) For Clients habitually residing outside Germany, any mandatory consumer protection provisions applicable in their country of habitual residence remain unaffected where required by law.

(3) Any disputes shall be subject to the jurisdiction determined by applicable law.

(4) If any provision of these Terms & Conditions is or becomes invalid, the legal consequences shall be determined by applicable statutory law. The remaining provisions shall remain effective to the extent permitted by law.

(5) The version of these Terms & Conditions validly incorporated into the agreement at the time of the booking shall apply.

14. Acceptance of Terms & Booking Confirmation

(1) Before concluding the agreement, the Client will receive the individual booking offer and the opportunity to review and save these Terms & Conditions.

(2) By expressly accepting the booking offer, or by making a booking payment where the offer clearly identifies payment as a method of acceptance, the Client agrees to these Terms & Conditions, provided they have been properly made available before the agreement is concluded.

(3) The booking is considered confirmed once the agreed booking payment has been received and the Photographer has issued booking confirmation.

(4) No handwritten signature is generally required for the agreement to become binding, unless a mandatory legal provision requires otherwise.