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The photos and images presented on this website are protected
by copyright.
They may not be published without consent of collectiveinterest.
Details as per Section 5 of the German Telemedia Act (Telemediengesetz):
collectiveinterest
Lisa Rolfsmeyer, Sredzkistraße 29, 10435 Berlin, Germany
E-Mail: we@collectiveinterest.world
VAT identification number as per Section 27a of the German Sales Tax Act
31/496/00016 / VAT DE298760685
COPYRIGHT & LIABILITY FOR CONTENT
Website content and the work published on these web pages are subject to German copyright law.
Reproduction, processing, distribution and any kind of use is prohibited or require the written consent of the holder of rights.
Downloads and copies are only permitted for private and not for commercial use.
DATA PROTECTION
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addresses or e-mail addresses you provided on a voluntary basis will not be passed on to third parties
without your prior consent. For Information regarding the storage, usage or processing of your data,
as well as correction or deleting of stored data, please contact us under:
we@collectiveinterest.de
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You can prevent the storage of cookies within your browser if you want to or automatically delete them via the settings of your browser.
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SOCIAL MEDIA
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USAGE OF „MAICHIMP“ WITHIN OUR NEWSLETTER-SERVICE
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GENERAL TERMS & CONDITIONS
1. Subject of the order is the activity of the photographer / stylist / hair and make-up artist (hereinafter artist) in the context of photo and film
productions (hereinafter work) for the contractually agreed purpose. A contractual relationship is established exclusively
between the artist and the client.
collectiveinterest will only act as an agent of the artists. The client accepts these
conditions for the present order and at the same time for all additional and future business with the artist.
2. Options are reservations for the activity of the artists at a fixed date. The option expires immediately if a fixed booking by a third party is possible
and the optioned date does not lead to a fixed booking even after consultation with the client with whom the option was agreed.
A firm booking represents a binding order for the artist and the client if the order is not carried out or not carried out to the agreed extent for
reasons for which the artist is not responsible. If the client withdraws from this confirmation up to 72 hours before the official date, a default interest of
50% of the above mentioned net amount has to be paid. In case of withdrawal less than 72 hours before the official date, the full amount of this estimate
is payable. Weather risk is the responsibility of the client. In case of cancellation due to weather conditions, the client agrees to pay a cancellation
fee of 50% of the artist's daily rate and covers 100% of all costs incurred by the artist or collective up to that point.
3. All inquiries and offers are to be addressed to the agency. In particular, bookings and fee negotiations as well as order confirmations and other
organizational arrangements with the Artist shall be made exclusively through the Agency. Already at the time of booking or in the order confirmation,
the Client must name the Artist's contractual partner and, if applicable, provide written proof of his/her authority to conclude a
contract on behalf of the contractual partner.
4. The artist is booked or optioned for whole days (video shooting: 10 hours, photo shooting: 8 hours).
Therefore, daily fees are always agreed. From the 12th / 10th hour of work including lunch break, the client agrees to pay a 10% overtime rate per hour,
calculated from the respective daily fees of the artists.If additional production days beyond the overtime or the execution of the order is postponed
or repeated for reasons that are not the responsibility of the artist, for example, in the event of subsequent deviations from the
briefing, bad weather, not timely provision of products, errors in the laboratory, nonappearance of the models, loss of luggage, etc., the Artist shall be
entitled to an additional fee for the additional services in proportion to the fee originally agreed for the
scope of services. In this case, the third-party and ancillary costs shall be increased
according to expenditure.
5. In the case of domestic travel, travel to and from the production location is required on the previous day, or if travel to and from the production
location takes more than 4 hours per day, or if the production location is outside the Federal Republic of Germany, travel days will be charged
according to time spent (basis is the daily fee).
6. In the case of a fixed booking, the Client shall bear any third-party and ancillary costs incurred
(e.g. material costs, props, styling costs, travel and accommodation costs, if applicable, as well as expenses in the case of orders outside the Artist's place of
residence in accordance with tax regulations, service fees, etc.) and shall pay them in advance to the extent agreed. If the originally placed order is extended,
the Artist shall be entitled to invoice separately for any additional work performed by him as well as any third-party and incidental costs incurred.
7. The respective legal value added tax is to be paid on the invoiced fees and other additional costs.
The invoice amount is due immediately upon issuance of the invoice. No discount shall be granted. The social security contribution for artists shall be paid
additionally by the Client, irrespective of whether it is shown separately in the invoice, and shall not be included in the fee.
8. The Client or a person authorized by the Client shall be obliged to be present during the shooting/filming and to give his/her consent to the Artist's
creative conception. If neither the Client himself nor an authorized representative is present during the shooting/filming, the artistic design of the work cannot be
rejected by the Client at a later point in time. In such a case, each new creation of a further Work shall be paid for separately.
9.The artist's fee covers only the services specified at the time of the conclusion of the contract and the agreed contractual purposes.
Until full payment of the fee as well as any ancillary and third-party costs incurred by the Artist, any use of the Artist's contractually
provided services is not permitted.
10. It is not the responsibility of the Artist to check copyrights for the use of props or to obtain the corresponding rights of use.
This task shall be assumed by the Client. Unless otherwise agreed, the Client shall not acquire ownership of the materials and props provided.
11. The claims of the client resulting from the transfer of rights to third parties are already now assigned to the artist in the amount of the fees
agreed between the artist and the client as well as any ancillary fee costs and other fees incurred.
The Client is entitled to collect the claim assigned to the Artist from third parties in his own name for the account of the Artist.
He has to pay the collected amount to the Artist within seven days after receipt by him.
12. The client is not entitled to declare the set-off with counterclaims disputed by the artist and/or not validly determined.
Furthermore, the Client is not entitled to assign or transfer his claims and rights against the Artist to third parties.
In case of unauthorized use, passing on as well as other not agreed upon use a violation fee in the amount of the fivefold agreed upon fee
becomes due subject to further claims for damages.
13. In the event of unauthorized use, disclosure or other non-agreed use, subject to further claims for damages, an infringer's fee of
five times the agreed fee is due.
14. The artist is entitled to be named as the author when his work is used in test shoots and editorials. In addition, the agency representing
the Artist shall also be named in connection with the work. The client shall ensure the implementation of these regulations in his contracts
with third parties. In the event of a breach of these naming obligations, a surcharge of 100% on the Artist's agreed fee shall be payable.
15. The dissolution of the contract, whether by cancellation or termination, is only possible for fixed bookings for good cause.
If the client cancels the order without good cause or if an order that has already been started is not completed without the artist
being responsible for this, the client shall be entitled to the agreed fee in full as well as the ancillary and third-party costs incurred up to
that point. An order shall be deemed to have been started when the Artist has commenced with the execution of his
contractually owed performance. Should the Artist be unable to perform his work due to illness or circumstances for which he is not responsible,
the Artist or his agency shall use their best efforts to find an adequate replacement. In this case, neither the artist nor the
agency shall be liable for any additional costs or possible damage.
16. With the exception of personal injury and bodily harm caused to third parties by the Artist and in the case of damage resulting from the breach
of a principal obligation essential to the contractual relationship, the Artist shall only be liable for gross negligence or intentional acts in the
performance of the order. This also applies to any vicarious agents engaged by him.
17. The risk of damage to the materials, props and works provided by the Artist shall pass to the Client as soon as the materials,
props and works to be delivered have been handed over to the person carrying out the transport.
The Artist shall not be liable for any damage to props provided to the Artist by the Client or third parties during transport
and execution of the order, unless such damage is due to gross negligence or intent on the part of the Artist or any vicarious agents engaged.
The Client shall insure the props against theft, damage, loss etc.. Furthermore, the Client shall take out production
insurance for personal injury and property damage. If the work perishes without the Artist being responsible for this, his claim
for fees shall remain unaffected. The provisions of this section shall also apply if the transport is carried out by the Artist himself.
18. The client has to hand over at his own risk and expense the props handed over to him immediately after their use to the artist
or to the person/company named by the contractor. If this does not happen, the client has to compensate for any damage that
may occur as a result. The Artist cannot guarantee that the props resulting from a socalled prop casting, i.e. the commissioned creation
of a selection of props, will actually be available on the scheduled production date or production period.
19. The Client must notify the Artist of any defects in the Artist's performance without delay during the ongoing production,
stating the exact nature of the defects. If the Client fails to do so, the performance shall be deemed to have been rendered in accordance
with the agreement, insofar as recognizable defects are concerned.
20. All contractual claims of the Client against the Artist shall become statute-barred within one year of the statutory commencement
of the limitation period. This shall not affect claims for damages arising from injury to life, body or health and claims for
damages based on a grossly negligent or intentional breach of duty. In the case of the rental or loan of props by the Artist,
possible claims for damages by the Client shall become statute-barred within six months.
21.The Artist and collectiveinterest shall be entitled to use the photographs, films, analog and digital data carriers or prints and
copies thereof for the production of which he/she has provided his/her services for self-promotion purposes, i.e. in particular to publish
them in the form of a broadcast or on the Internet (including social networks such as Instagram) or to show them as a sample of his/her work.
22. Collateral agreements or agreements deviating from these terms and conditions must be made in writing. If a provision of the contract
or these contractual conditions becomes invalid, this shall not affect the validity of the remaining conditions and the contract.
In place of an invalid provision, that provision shall be deemed agreed which comes as close as possible to the intended purpose.
The same applies to the filling of contractual gaps. Place of performance and jurisdiction is, as far as legally permissible,
the artist's place of business. The law of the Federal Republic of Germany shall apply. German law shall also be deemed agreed for activities
performed abroad. The provisions of the UN Convention on Contracts for the International Sale of Goods of April 11, 1980 CISG shall not apply.