GENERAL TERMS AND CONDITIONS (T&Cs)

Effective as of March 2026

SCOPE

These General Terms and Conditions apply exclusively to all business transactions between the parties. Any conflicting terms and conditions of the customer, hereinafter referred to as “the Client,” shall not apply unless explicitly agreed upon in writing by the photographer, Jenny Hotak Media, hereinafter referred to as “the Contractor.”

For the purposes of these T&Cs, “photographs” refer to all digital products (including but not limited to photographs and videos) produced by the Contractor, regardless of their technical form or the medium used. This includes, but is not limited to, printed or exposed paper photographs, photographs in photo books and wedding albums, digital photographs in online galleries, or photographs and videos stored on other data carriers.

OBLIGATIONS OF THE CLIENT

The Client must provide the Contractor with all necessary information for the timely execution of the order (such as schedule, directions and special requests). Any delays resulting from the Client’s failure to provide such information shall be the responsibility of the Client and shall not be attributed to the Contractor. These delays will be considered part of the working time for which the Contractor is entitled to remuneration.

The Client is responsible for ensuring that photography is permitted at the designated locations. The Contractor is not responsible for verifying photography permissions or any rights related to the individuals, buildings, locations, or items depicted. The Client shall indemnify and hold the Contractor harmless if third parties file compensation claims due to a breach of this obligation.

The Client must submit any notice of defects in writing to the Contractor, to be received no later than 21 days after the delivery of the photographs. After this period, the photographs shall be deemed accepted and free from defects.

The Client acknowledges the following:
Jenny Hotak Media’s services are of a unique and artistic nature. The Contractor will use personal artistic judgment to create imagery consistent with her creative vision.

The Client is responsible for informing their wedding guests in advance that photography will take place and that the images may be used for various purposes.

OBLIGATIONS OF THE CONTRACTOR

Jenny Hotak Media agrees to provide photography and/or videography services for the Client.

If the Contractor works with a second photographer, videographer, or assistant, this shall not affect the final outcome of this Agreement.

The Contractor will release the selected and edited photographs in a file format chosen at her discretion (e.g., JPEG). RAW files will not be provided.

Upon delivering the images, the Contractor is no longer responsible for storing the digital files. The Client assumes liability for any loss, destruction, or damage after delivery.

The Client acknowledges that they have informed themselves about the Contractor’s style.

The processed images will be delivered in JPG format, with a mix of color and black-and-white photographs at the Contractor’s discretion.

The Contractor will deliver digital copies of the photographs within eight weeks of the photo session, unless otherwise agreed. For more complex products (e.g., wedding albums or films), a separate delivery date may be arranged.

The Contractor will make every reasonable effort to capture all requested photographs. However, circumstances beyond her control (e.g., weather, venue restrictions, delays, or lighting conditions) may compromise coverage. The Client agrees to accept the technical and artistic limitations resulting from such circumstances.

FEES AND EXPENSES

If the actual working time exceeds the agreed period, additional hours will be charged at €300 per commenced hour, unless otherwise agreed in writing.

CHANGES, EXTENSIONS, AND CANCELLATION OF ORDERS

If the Client cancels the contract, no refund will be provided for any amounts already paid.

If the Client reschedules the event more than six months before the original date and the Contractor is available on the new date, any amount already paid may be credited toward the new booking. The rescheduled booking shall be subject to the Contractor’s current pricing.

In the unlikely event that the Contractor cannot fulfill the contract due to illness, injury, force majeure, or other unforeseen events, she will make every reasonable effort to find a suitable replacement photographer or videographer. If no replacement can be found, the Contractor’s liability shall be limited to the refund of all payments received.

RETENTION OF TITLE, RIGHT OF USE, AND COPYRIGHT

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

The Client is granted a simple right to use the photographs for personal purposes only. Any commercial use requires the prior written permission of the Contractor.

The Contractor shall select the photographs for delivery and the Client is not entitled to receive all RAW photographs or recordings, unless agreed otherwise.

Photographs and videos must not be edited, altered, filtered, or otherwise modified without the Contractor’s prior permission.

The Contractor is entitled to use the Client’s photographs for advertising and promotional purposes unless the Client explicitly objects in writing before the event.

LIABILITY

The Contractor shall only be liable for damages caused by gross negligence or intentional misconduct. Liability for indirect damages or consequential damages is excluded, to the extent permitted by law.

The Contractor shall not be liable for force majeure, such as sudden illness, natural disasters, travel disruptions, or government restrictions. In such cases, the parties shall attempt to reschedule the assignment where possible.

OFFSETTING, RIGHT OF RETENTION, AND ASSIGNMENT

The Client may only offset claims against the Contractor if such claims are undisputed or have been legally established.

The assignment of claims to third parties requires the prior written consent of the Contractor.

RIGHT OF WITHDRAWAL

The Client has the right to withdraw from the contract within fourteen (14) days of conclusion. To exercise this right, the Client must notify the Contractor in writing (e.g., by email).

APPLICABLE LAW

German law shall apply.

The place of performance for all services is the Contractor’s registered place of business, unless otherwise required by law.

To the extent legally permissible, the place of jurisdiction shall be the Contractor’s registered place of business.

The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.