Photography Terms

Section 01

Scope

These terms apply to photography sessions booked after their effective date. A booking becomes binding when the scope, date, fee, and these terms have been confirmed in writing. Unpaid artistic collaborations require their own written agreement and are not retroactively brought under these terms.

Section 02

Copyright & Usage Rights

• All copyright in photographs remains exclusively with ECHOx, in accordance with § 13 UrhG (German Copyright Act).
• Publication, exhibition, portfolio use, commercial use, and any model release are agreed in writing for the individual session. Participation alone is not blanket consent to every future use.
• Clients receive a non-exclusive, non-transferable right of personal use for delivered images. Commercial use — including advertising, product placement, press, or resale — requires prior written consent from ECHOx and may be subject to a separate licensing fee.
• Clients may not alter, crop, filter, or manipulate delivered images in ways that misrepresent the original work or compromise its artistic integrity.
• Any publication by the client must include attribution as specified in Section 3.

Section 03

Attribution

In all public, editorial, or official contexts, the photographer must be credited as ECHOx or via the active official account (currently @berlinechoes on Instagram). The moral right of authorship (§ 13 UrhG) remains with the artist at all times and cannot be waived or transferred.

Failure to attribute constitutes a violation of these Terms and may give rise to claims under German copyright law.

Section 04

Pricing & Payment

• Pre-booked and confirmed shoots have a starting fee of €100, including 8–12 high-resolution digital scans delivered via WeTransfer or equivalent secure transfer.
• Signed original instant film prints (limited edition of 1) start at €60 each. Discounts may be available for multiple purchases upon request.
• Payment is due within 7 (seven) calendar days of invoice issuance.
• The quotation and invoice state the applicable tax treatment and the complete amount payable.
• ECHOx reserves the right to request a deposit of up to 50% of the agreed fee at the time of booking confirmation.

Section 05

Cancellation & Right of Withdrawal

Cancellation by client: Cancellations made more than 48 hours before the scheduled session will incur no charge. Cancellations within 48 hours of the session will be charged at 50% of the agreed fee. No-shows will be charged at 100%.

Cancellation by ECHOx: If ECHOx must cancel a confirmed session, the client will be notified as early as possible and offered a rescheduled date at no additional cost, or a full refund of any deposit paid.

Right of withdrawal for digital goods: Once digital image files have been delivered via download link, the right of withdrawal is extinguished in accordance with § 356 Abs. 5 BGB, as performance has commenced with the client's explicit consent prior to expiry of the withdrawal period.

Right of withdrawal for physical prints: Signed original prints may be returned within 14 days of receipt in their original, undamaged condition. The client bears the cost of return shipping. Refunds will be issued within 14 days of receipt of the returned item.

Section 06

Client Responsibilities

• Clients share responsibility for the outcome of a session. Weather, available light, and environmental conditions cannot be guaranteed and do not constitute grounds for a refund.
• If specific locations, backdrops, or arrangements are required, the client is responsible for communicating these in advance and for any permits or access required.
• Punctuality is essential. If a client is more than 20 minutes late without prior notice, ECHOx reserves the right to treat the session as a no-show and invoice accordingly.
• Clients who are minors (under 18) must be accompanied by a parent or legal guardian who accepts these Terms on their behalf and provides written consent for the photographs to be used in accordance with Section 2.

Section 07

Artistic Autonomy

ECHOx retains full artistic discretion in all aspects of photographing, selecting, and processing images. This includes — but is not limited to — composition, framing, lighting choices, and the selection of images delivered to the client. The moral right of the author (§ 14 UrhG — right to prohibit distortion of the work) remains with ECHOx at all times.

ECHOx is not obligated to deliver images that do not meet the artistic standard of the work, even if technically captured during the session.

Section 08

Enforcement & Default

If payment is not received within the specified 7-day period, the client enters default in accordance with § 286 BGB without the need for a further reminder. From the date of default, statutory default interest applies at the rate defined in § 288 BGB (currently 5 percentage points above the base rate for consumer contracts; 9 percentage points for commercial transactions).

In the event of a material breach of these Terms — including unauthorised use of images, failure to attribute, or non-payment — ECHOx reserves the right to pursue claims under German copyright law and civil law without further notice, including injunctive relief under § 97 UrhG.

Section 09

Governing Law

These Terms & Conditions are governed exclusively by the law of the Federal Republic of Germany. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Berlin, Germany, to the extent permitted by law.

For consumers domiciled in another EU member state, mandatory consumer protection provisions of that state may additionally apply.

Section 10

Data Protection (DSGVO / GDPR)

The processing of inquiries, bookings, invoices, delivery data, and identifiable photographs is explained in the separate Data Protection policy. The policy includes the controller's identity, purposes, legal bases, retention periods, recipients, and data-subject rights.

A booking or model release will state the agreed image uses. Consent may be withdrawn for future processing as described in the Data Protection policy; withdrawal does not affect processing that was lawful before withdrawal.

Section 11

Site Information