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Jakob Gutschi

Full-Time Photo & Videographer - For Businesses, Creators, Weddings & More

Wedding Call

Wedding Call

Schön, dass ihr da seid!

Hier könnt ihr ganz bequem euren Termin für ein kurzes Kennenlerngespräch per Telefon buchen.

Bis bald,

Jakob.

Termin buchen

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Wann wäre denn eure Hochzeit?
Hier könnt ihr gerne schon ein paar Gedanken oder Themen notieren, die euch wichtig sind. Den Rest klären wir dann ganz entspannt im Call.
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Terms & Conditions

Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING

I. Applicability and Scope

  1. These General Terms and Conditions (GTC) apply if the photographer (Jakob Gutschi) enters into a contract with a business customer within the meaning of Austrian consumer protection law (KSchG).

  2. All services are provided exclusively under these GTC. By placing an order, the client acknowledges their validity. They shall also apply to future business relationships even if not explicitly referenced again. Deviating terms from the client shall not become part of the contract.

  3. If any provision of these GTC is or becomes invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that comes closest in purpose and meaning.

  4. All offers by the photographer are non-binding and subject to change.

II. Copyright & Usage Rights

  1. All copyrights and related rights remain with the photographer. Usage rights (e.g., for publication) are granted only with explicit agreement and are non-exclusive, non-transferable, and limited to the agreed purpose.

  2. Any use requires clear crediting of the photographer next to the image as follows: Photo: (c) Jakob Gutschi, [Location], [Year of first publication if applicable].

  3. Alteration of images requires written permission unless it is essential for the agreed purpose.

  4. Usage rights become valid only after full payment and proper crediting.

  5. For published work, two free copies must be provided. For expensive publications, one copy is sufficient. For online use, the URL must be shared with the photographer.

III. Ownership & Archiving

  1. The photographer retains ownership of all original image data (film or digital).

  2. Delivery of digital files is only with written agreement and does not include all photos by default.

  3. Unauthorized distribution or reproduction (e.g., on CDs, drives, online archives) is not allowed without separate agreement.

  4. Files are stored for up to one year without obligation. Claims for lost or damaged data are excluded.

IV. Attribution
The photographer may mark images with his copyright and expects the client to preserve this during use and distribution.

V. Client Responsibilities

  1. The client is responsible for obtaining all necessary third-party consents and holds the photographer harmless from any related claims.

  2. If the client provides third-party images for editing, they must ensure rights to use them and indemnify the photographer from liability.

  3. The client must collect any props or products used after the shoot within 2 working days or cover storage costs.

VI. Loss or Damage

  1. Photographer is only liable for intent or gross negligence. Claims are limited to material value and a possible reshoot if feasible.

  2. This also applies to client-supplied props or files.

VII. Termination
The photographer may terminate contracts immediately for valid reasons such as insolvency or breach of key obligations.

VIII. Performance & Warranty

  1. Photographer delivers according to best judgment. Minor deviations from prior work are not considered defects.

  2. No liability for poor instructions or external factors (weather, delays, etc.).

  3. Warranty is limited to rectification, replacement, or reduction. Notice of defects must be made within 8 days.

  4. Color differences or minor deviations are not considered defects.

IX. Fees & Payment

  1. Unless agreed otherwise, standard pricing applies.

  2. Presentation, preparation, and conceptual work are charged separately.

  3. Additional costs (travel, props, models, etc.) are extra.

  4. 50% is due upon order; the rest upon delivery. Payment is due immediately.

  5. Late payments incur 5% interest above base rate.

  6. All fees are net plus applicable VAT.

X. Licensing for Presets & Digital Products

  1. The sale of Lightroom presets or other digital files grants the buyer a non-exclusive, non-transferable license for personal or commercial use (depending on product type). Resale, redistribution, or modification for resale is strictly prohibited.

  2. Refunds are excluded once the product has been downloaded.

  3. All digital files remain the intellectual property of Jakob Gutschi.

XI. Courses, Trainings & Masterclasses

  1. For video courses or digital educational products, the buyer receives a personal, non-transferable access license.

  2. Sharing access, reselling, or public screening is not permitted.

  3. All intellectual property remains with Jakob Gutschi. Usage beyond personal development requires written permission.

XII. Data Protection (GDPR)

  1. The client agrees to the processing of personal data for fulfilling the contract, including contact, billing, and delivery.

  2. Marketing emails will only be sent if the client gives explicit consent.

  3. The client may request correction, deletion, or restriction of data processing at any time.

XIII. Image Use for Promotion
The photographer may use created images for promotional purposes unless otherwise agreed in writing.

XIV. Jurisdiction & Final Provisions

  1. Jurisdiction is Vienna, Austria. Austrian law applies. UN Sales Law is excluded.

  2. Contract language is German. Translations are for convenience only.

  3. These terms also apply analogously to video work and hybrid photo-video content.