Algemene voorwaarden.
This is an English translation provided for your convenience. The legally binding version is the German one.
1. Scope and Provider
1.1 These General Terms and Conditions (GTC) apply to all contracts, quotations, services and deliveries between medianautik, Michael von der Forst, Rothenburg 43/44, 48143 Münster, Germany, info@medianautik.com, +49 (0)251 52 34 31, VAT ID DE188496872 (hereinafter „medianautik") and the client (hereinafter „Client").
1.2 The GTC apply in the version valid at the time the contract is concluded. Differing or conflicting terms of the Client only become effective if medianautik expressly agrees to them in text form.
1.3 medianautik's services include in particular photography, image editing, graphic design, corporate design, print and web design, as well as related ancillary services.
2. Conclusion of Contract
2.1 Quotations from medianautik are non-binding unless expressly designated as binding. A validity date stated in the quotation limits the period for which it is binding.
2.2 The contract is concluded when the Client places the order in text form (email is sufficient) and medianautik accepts it, at the latest when the service begins.
2.3 By placing the order, the Client accepts these GTC.
3. Scope of Services and Client's Cooperation
3.1 The scope of the service results from the respective quotation or order confirmation. Services not expressly stated therein are charged separately.
3.2 The artistic and technical design lies within medianautik's discretion within the scope of the order. The Client receives a selection of the images or drafts that medianautik considers most successful. There is no claim to the release of all images taken, raw data or open working files (e.g. RAW files, open layout or print files) unless expressly agreed.
3.3 The Client shall provide in good time all information, documents, texts, logos and materials required for the service and shall ensure that it is entitled to use them. Delays within the Client's sphere extend agreed deadlines appropriately.
4. Appointments, Postponement and Cancellation
4.1 Agreed appointments for photo shoots are binding.
4.2 For commercial photography assignments (business and commissioned photography), the following applies to the cancellation or postponement of an agreed appointment by the Client: free of charge up to 48 hours before the appointment, thereafter 30 % of the agreed fee, in the event of cancellation on the day of the appointment 50 %. Travel and third-party costs already incurred shall be reimbursed in addition. For private assignments and TFP shoots, the separately agreed arrangements apply.
4.3 If an appointment cannot take place for reasons for which medianautik is not responsible (e.g. weather for outdoor shoots, illness), a replacement appointment will be arranged. Travel or preparation costs already incurred shall be reimbursed.
5. Prices, Ancillary Costs and Payment Terms
5.1 The prices stated in the quotation apply. All prices are subject to statutory value added tax.
5.2 Travel costs, material costs, costs for props, locations, models or third-party services are charged separately unless otherwise agreed in the quotation.
5.3 Invoices are payable without deduction within 14 days of the invoice date.
5.4 For larger assignments, medianautik is entitled to request a down payment of up to 30 % as well as instalment payments.
5.5 If the Client defaults on payment, the statutory default provisions apply.
6. Usage Rights and Copyright
6.1 All works created by medianautik (photographs, image edits, graphics, layouts, drafts) are protected by copyright. The copyright remains with Michael von der Forst.
6.2 The Client acquires the usage rights specified in the quotation to the agreed extent (purpose, medium, duration, geographical scope). Without an express agreement, the Client receives a simple, non-exclusive right of use for the specifically agreed purpose.
6.3 Types of use not expressly granted remain with medianautik. Use beyond the agreed purpose (e.g. other media, resale, extension in time or space) requires a separate agreement and remuneration.
6.4 The usage rights only pass to the Client upon full payment of the agreed fee.
6.5 Transferring the usage rights to third parties as well as editing or altering the works (beyond the agreed use) require medianautik's prior consent in text form. Adjustments that are technically necessary and leave the content unchanged remain permitted (e.g. formatting for the agreed medium).
7. Attribution and Linking
7.1 medianautik is entitled to be named as the author (Section 13 German Copyright Act, UrhG).
7.2 When the photographs are published, the author must be credited in the form „Photo: Michael von der Forst, medianautik.com". When published on websites, a link to medianautik.com must additionally be provided where technically possible.
7.3 If the agreed attribution is omitted, medianautik may charge a surcharge of 100 % on the fee.
8. Self-Promotion and Reference Use
8.1 medianautik is entitled to use the works created within the scope of the assignment for self-promotion, in particular in its own portfolio, on the website medianautik.com, on social networks and in presentations, and to name the Client as a reference.
8.2 The Client may object to reference use for a legitimate reason (e.g. confidentiality, embargo period) in text form.
9. Personality Rights, Model and TFP Shoots
9.1 If persons are depicted, the Client shall ensure that the necessary consents of the depicted persons for the recording and the agreed publication are in place. The Client indemnifies medianautik against claims by third parties arising from a violation of personality rights for which the Client is responsible.
9.2 For TFP shoots (Time for Print/Photos), the mutual usage rights are governed by the separately concluded TFP agreement.
10. Image Editing, Corrections and Approval (Graphic Design)
10.1 The scope of services stated in the quotation includes one correction round. Further correction requests or changes after approval are charged according to effort.
10.2 The Client checks drafts and proofs (in particular for spelling, figures, dimensions) and gives approval in text form. With approval, the Client assumes responsibility for correctness; medianautik is not liable for errors in approved templates.
11. Warranty and Liability
11.1 medianautik performs the service with the care of a conscientious photographer and designer. Photography and design are artistic services; differing tastes and stylistic views do not constitute a defect.
11.2 Obvious defects must be reported within 14 days of delivery in text form.
11.3 medianautik is liable without limitation for intent and gross negligence as well as for injury to life, body and health. In the case of simple negligence, medianautik is only liable for the breach of essential contractual obligations (cardinal obligations) and limited to the contract-typical, foreseeable damage. Otherwise liability is excluded.
11.4 medianautik is liable for the loss of image data only in accordance with clause 11.3. medianautik keeps the raw data of the delivered images for 6 months after delivery and is not obliged to archive them beyond that. The Client is responsible for the permanent backup of the files delivered to it.
12. Retention of Title
Delivered physical items (e.g. printed matter, prints, data carriers) remain the property of medianautik until full payment.
13. Data Protection
Information on the processing of personal data can be found in the privacy policy at medianautik.com/en/privacy.
14. Final Provisions
14.1 Amendments and additions to the contract require text form.
14.2 The law of the Federal Republic of Germany applies.
14.3 If the Client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Münster.
14.4 Should any provision of these GTC be invalid, the validity of the remaining provisions remains unaffected.
As of: July 2026