terms of conditions

1. Scope

1.1

These General Terms and Conditions apply to all contracts between Lukas Mische Media & Advertising Production(hereinafter referred to as “Contractor”) and the Client concerning the production of photographic and cinematic content within the framework of events, particularly weddings.

2. Conclusion of Contract

2.1

The contract is concluded by the Client’s acceptance of the Contractor’s offer.

2.2

Amendments and additions to the contract require a separate written agreement.

3. Copyright and Usage Rights

3.1

The Contractor remains the copyright holder of all works created by him.

3.2

Consumers as defined in § 13 of the German Civil Code (BGB) shall receive from the Contractor a right of use, unrestricted in terms of time and location, to the works created for private purposes.

3.3

Businesses as defined in § 14 of the German Civil Code (BGB) shall receive from the Contractor an unrestricted right of commercial use, both in terms of time and geographical scope, to the works created.

3.4

If the Client is granted an unrestricted right of commercial use—unrestricted in terms of time, geographical scope, and content—this right is intended exclusively for the Client’s own business operations. The Client is entitled to disclose the created content to third parties (e.g., agencies, service providers, printing companies, or other agents) to the extent necessary to exercise the granted rights of use. However, the transfer or sublicensing of the commercial rights of use to third parties, as well as independent commercial use of the content by third parties, is permitted only with the prior express written consent of the Contractor.

3.5

Copyright shall in all cases remain with the Contractor.

3.6

Modifications or edits to the video and photographic recordings created within the scope of this contract—in particular to titles, copyright notices (§ 10(1) UrhG), and to content or design elements—may not be made without the express prior written consent of the author (§ 39 UrhG). Any adaptation, redesign, or other alteration of the works is prohibited without the author’s consent pursuant to § 39 UrhG. The client expressly does not grant consent to adapt the works or to create independent new works based on the delivered video and photographic recordings. In the event of violations of this provision, the author reserves the right to assert claims for injunctive relief and damages. Further rights are expressly reserved.

4. Services and Duties of the Client

4.1

The scope of services results from the individually concluded contract.

4.2

The Contractor is entitled to have the order carried out, in whole or in part, by qualified employees, vicarious agents, or subcontractors. The selection of the person(s) to be assigned in each case shall be made exclusively by the Contractor.

The Client has no right to demand that the Contractor personally perform the services. Any information or statements provided by the Contractor regarding the anticipated personal provision of services do not constitute a binding commitment but are intended solely for current resource planning purposes.

Even when employees or subcontractors are engaged, the Contractor remains the Client’s sole contractual partner and is responsible for the contractual performance of the order, follow-up work, and quality assurance of the agreed-upon services.

4.3

The Client undertakes to provide all information required for the execution of the assignment in good time.

4.4

Unless specific working hours have been defined in the contract, the Contractor’s support services shall be provided without a specific time limit. The goal is to comprehensively document all essential aspects of the production. Delays or postponements of individual program items of up to 1.5 hours from the originally scheduled schedule are covered by the agreed-upon compensation. If the support is extended by more than 1.5 hours due to delays or rescheduling, the additional time and effort beyond this limit will be billed at 150.00 EUR, including applicable sales tax, for each additional hour or portion thereof.

4.5

If fixed service hours have been contractually agreed upon, the service period is governed exclusively by this agreement. Any time exceeding the agreed-upon service hours will be billed at EUR 150.00, including applicable sales tax, for each additional hour or portion thereof. 

4.6

The selection of the final edited photos shall be made exclusively by the Contractor at its own professional and artistic discretion. The Client has no right to freely select the photos to be edited or delivered, unless this has been expressly agreed to in writing.

5. Remuneration and Payment Terms

5.1

The prices agreed in the contract apply.

5.2

Payments are due within 7 days of receipt of invoice without deduction.

5.3

In the event of default of payment, the Contractor is entitled to charge default interest at the statutory rate as well as costs incurred.

6. Postponement or Restrictions

6.1

If the production date is postponed, the parties may conclude a supplementary written agreement to postpone the contractual relationship. In the event of postponement of the production date, each party is entitled to withdraw from the contractual relationship.

6.2

If the performance of photographic or cinematic services on the agreed event date is not possible or only possible to a limited extent due to extreme weather conditions (e.g. heavy rain, storm, snow), the provisions on postponement (§ 6) or cancellation (§ 7) shall apply accordingly. In this case, the Client is obliged to inform in good time. If postponement is not possible, the Contractor reserves the right to charge up to 100% of the agreed remuneration as a cancellation fee, provided the Contractor would have been ready to perform at the agreed time.

7. Cancellation

7.1

The Client is entitled to terminate the contract in writing at any time prior to the production day.

7.2

In the event of termination by the Client, the Contractor is entitled to a lump-sum cancellation fee, as the event date is reserved exclusively and it is generally not possible, or only possible to a limited extent, to rebook the event at short notice.

The following flat-rate compensation rates apply based on the agreed total compensation:

More than 90 days before the event date: 50% of the agreed compensation

90 to 61 days before the event date: 75% of the agreed compensation

Less than 61 days before the event date: 100% of the agreed compensation

Services already rendered, third-party costs incurred, and non-cancellable expenses of the Contractor shall be compensated in addition, insofar as these are not already covered by the above flat rates.

The Client expressly reserves the right to prove that the Contractor has incurred no damage or significantly less damage. The Contractor reserves the right to prove that greater damage has been incurred.

7.3

Should the Contractor be unable to perform the contract for reasons for which it is responsible, any payments already made by the Client shall be refunded. Further claims for damages are excluded—except in cases of intent or gross negligence.

The Contractor shall use its best efforts to arrange for a suitable replacement service provider. However, there is no entitlement to the provision of a replacement service provider.

7.4

Any termination or cancellation must be in writing. “In writing” includes, in particular, email or other electronic messages.

8. Delivery

8.1

The Contractor delivers the final works (photos/videos) in digital form, unless otherwise agreed.

8.2

Minor deviations in color, image style, or artistic design do not constitute a defect.

8.3

Raw data (e.g. unedited video recordings or RAW files) will only be provided upon express written agreement and will be charged separately.

8.4

Requests for additional edits or changes beyond the agreed service will be charged separately.

8.5

When transferring files via the Internet, the risk of data loss passes to the Client once the files are made available on the server or via download link.

8.6

Risk and cost for the transport and delivery of data carriers & files by parcel are borne by the Client or the commissioned carrier from handover to the transport company. The Contractor accepts no liability for loss or damage to data during transport, except in cases of intent or gross negligence.

8.7

The manner of transfer is determined by the Contractor or its subcontractors at their reasonable discretion.

8.8

Requests for changes within the scope of the included revision cycle, as well as complaints of any kind, must be submitted in writing (e.g., via email), specifying the desired changes as precisely as possible.

For consumers as defined in Section 13 of the German Civil Code (BGB), the deadline for this is ten (10) calendar days from the date the final files are made available.

For business customers as defined in Section 14 of the German Civil Code (BGB), the deadline for this is seven (7) calendar days from the provision of the final files.

Upon provision of the final files, the Contractor shall expressly inform the Client of the applicable deadline and the consequences of failing to provide feedback.

If no feedback is provided within the respective deadline, the work shall be deemed accepted in accordance with the contract.

Complaints that only insignificantly impair the contractual use of the delivery do not entitle the Client to refuse acceptance. Exceeding or falling short of the production timeframe agreed upon in the production order by up to ten percent (10%) does not constitute a defect and does not entitle the Client to refuse acceptance.

8.9

If photos or videos were initially delivered with watermarks and the Contractor removes them at the Client’s request, the respective photos or videos are deemed accepted at the latest upon removal of the watermark.

8.10

The photos are additionally made available via the website www.scrappbook.de for a period of 182 days from the creation date of the online gallery. After this period, the Contractor is entitled to delete the gallery without further notice or use it otherwise. Data backup is the responsibility of the Client. The Contractor assumes no liability for data loss occurring after the stated period or due to the Client’s failure to download and secure the data in time.

9. Revisions and Additional Services

9.1

The revision cycle consists of a single collection of all revision requests from the Client following the initial delivery of the work. The Client must compile all requested revisions and submit them in full to the Contractor in a single communication. Revision requests added at a later date are considered part of a subsequent revision cycle and may be billed separately in accordance with Section 9.3.

9.2

The Contractor shall implement the change requests in accordance with the Client’s specific description. Unclear, ambiguous, or subsequently modified change requests do not entitle the Client to a further adjustment at no cost. Any further changes resulting therefrom shall be considered an additional revision cycle in accordance with Section 9.3.

9.3

The Client is entitled to one (1) round of corrections with change requests regarding the final version (photo or video) after the first delivery, provided these do not fundamentally alter the nature of the work. Within the scope of this correction round, change requests may be made regarding up to 33% of the work. Changes to the music in videos are excluded.

9.4

Within the scope of the one-time revision cycle specified in Section 9.1, the Client may request changes affecting up to a maximum of 33% of the delivered work.

For photos, the scope is determined by the number of files requested for correction or replacement relative to the total number of images delivered.

For videos, the scope is determined by the total duration of the sequences requested for modification in relation to the total runtime of the delivered video.

Requests for changes exceeding the aforementioned scope are considered additional services and may be billed separately by the Contractor in accordance with Section 11.2 of these Terms and Conditions.

9.5

Further change requests or additional rounds of corrections that exceed the services specified in Sections 9.1 and 9.2 will be billed separately at €420.00, including applicable sales tax, per additional round of corrections.

9.6

Retouching of any kind is not included in the Contractor’s scope of services and will not be performed.

10. Selection of Material

10.1

The Contractor independently selects the images delivered to the Client, unless otherwise agreed in the preliminary discussion.

10.2

If the Client, in agreement with the Contractor, wishes to select the images themselves, this must be done within one week of gaining access to the images and communicated to the Contractor.

10.3

There is no entitlement to the release of all raw material unless expressly agreed in writing.

11. Additional Delivery of Files

11.1

Unless otherwise agreed in the contract, the delivered end products only include the works specified in the description of the contractual scope.

11.2

For additional files beyond the originally agreed works, the following graduated prices apply:

Photos:

Each additional photo file: €3.50

From 100 photos: €3.25 per file

From 200 photos: €3.00 per file

From 300 photos: €2.50 per file

From 400 photos: €2.25 per file

From 500 photos: €2.00 per file

Videos:

Each additional video file (up to 10 files): €12.00 per file

From 11 video files: €10.00 per file

All prices include statutory VAT.

11.3Additional requests and associated costs must be agreed in writing in advance and approved by the Client.

11.4

The Client may request additional data retrospectively; however, the corresponding fees must be paid in advance.

12. Liability

12.1

The Contractor is only liable for damages caused by intentional or grossly negligent breach of duty. Liability is limited to the total contract value, unless gross negligence or intent is present.

12.2

Liability for damages due to force majeure (e.g. technical failure, illness) is excluded.

12.3

The Contractor is liable for damage or loss of digital image data/video material only in cases of intent or gross negligence. Liability for slight negligence is excluded. In any case, liability is limited to the agreed total amount of the contract, regardless of the number of damages.

12.4

The Contractor is not liable for damages, defects, or losses caused by subcontractors or suppliers who provide their services on their own account and in their own name. However, the Contractor is obliged to exercise due care in selecting subcontractors.

12.5

If the Contractor or a subcontractor engaged by the Contractor is unable to appear on the agreed production date, or appears late, due to circumstances beyond its control—in particular due to illness, accident, force majeure, unforeseeable traffic disruptions, or other unforeseeable events, the Contractor shall be liable for this only in cases of willful misconduct or gross negligence, as well as in cases of mandatory statutory liability.

13. Data Protection and Consents

13.1

The Contractor processes the Client’s personal data exclusively in accordance with statutory provisions.

13.2

The Client is responsible for ensuring that all persons present at the event are informed about the creation and possible publication of photo and film recordings and provide the necessary consent. The Contractor is not liable for missing consents, unless he knew that no consent was given.

13.3

The Client indemnifies the Contractor against all claims by third parties that may be asserted in connection with violations of data protection regulations due to missing consents of recorded persons.

14. Publication Rights

14.1

The Contractor is entitled to use works created under the contract for his own advertising purposes (e.g. portfolio, website, social media, competitions), unless the Client expressly objects in writing.

14.2

Refusal of publication must be communicated in writing before the event.

14.3

Consent to publication may be revoked by the Client at any time. In the event of revocation, the Contractor will refrain from future publications. Already published content will be deleted upon the Client’s request, insofar as this is technically possible and reasonable. The granted consent also covers the repeated, open-ended, cross-platform, and future use of previously published content for the Contractor’s own promotional and presentation purposes, in particular on its own website, in blog posts on third-party websites, in posts on social media (in particular Instagram, Facebook, YouTube, and WhatsApp), as well as in print media.

14.4

Revocation of consent does not affect the lawfulness of publications made prior to the revocation.

15. Service Disruptions and Failure

15.1

If the Contractor is unable to perform due to force majeure (e.g. illness, accident, natural disasters) or other unforeseen circumstances, the Client will be informed immediately.

15.2

In this case, an adequate replacement person will be proposed, if possible.

15.3

Further claims, particularly for damages, are excluded unless intent or gross negligence on the part of the Contractor is proven.

15.4

The Contractor shall not be liable for delays, late performance, or limitations on performance resulting from circumstances for which neither the Contractor nor the subcontractors it engages are responsible. This applies in particular to train or flight cancellations, significant delays in public transportation, traffic disruptions, road closures, accidents, government measures, strikes, natural disasters, and other cases of force majeure. In such cases, the Contractor will use its best efforts to minimize the effects of the delay and, to the extent reasonable, to organize an alternative solution. Delays or service restrictions resulting from the circumstances mentioned above do not give rise to any claim for damages, reduction in price, or termination of the contract, provided that the Contractor is not guilty of intent or gross negligence and no mandatory statutory liability provisions preclude such a claim. Liability for damages resulting from injury to life, limb, or health, as well as liability under mandatory statutory provisions, remains unaffected.

15.5

The Client acknowledges that weather conditions during outdoor recordings (e.g. rain, snow, storm, strong winds, heat, or high humidity) may impair or make production impossible. The Contractor will decide at his reasonable discretion whether and to what extent recordings can be carried out under consideration of safety, equipment protection, and reasonable quality.

15.6

If recordings cannot be made or are restricted due to extreme or persistent weather conditions, these circumstances are deemed force majeure according to § 12.2 of these GTC. In such a case, the Contractor is entitled to terminate production early or postpone it to a later date. There is no entitlement to damages or reduction of fees if a significant part of the agreed service has already been performed.

15.7

If production is interrupted due to weather, billing will be done proportionally based on the work and production scope up to the time of termination. The Contractor will provide the Client with all usable material created up to that point. “Usable material” in this context means all recordings (photo and video) made up to termination that are technically sound and could generally be used to create the agreed final product. A claim to full editing or completion of the originally agreed work exists only if sufficient material is available.

15.8

A full refund of fees is excluded if preparation, travel, or personnel costs have already been incurred. These must be borne in full by the Client, even if no usable recordings were created.

16. Right of Withdrawal & Exclusion for Date-Specific Services

16.1

Consumers generally have the right to withdraw from this contract within fourteen days without stating reasons in accordance with § 355 BGB.

16.2

However, the right of withdrawal does not apply to contracts for the provision of services related to leisure activities if the contract provides for a specific date or period of performance (§ 312g para. 2 no. 9 BGB). Our services, particularly the creation of photo and video recordings at events such as weddings, fall under this exclusion, as they are provided on an individually agreed event date.

16.3

By concluding the contract for such a date-specific service, the parties confirm that the exclusion of the right of withdrawal has been acknowledged and accepted.

16.4

No right of withdrawal is granted to businesses.

17. Final Provisions & Severability Clause

17.1

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

17.2

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.

17.3

Should a provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a regulation that comes closest to the economic purpose shall apply.

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Status 2026