Terms & Conditions

By booking and paying the retainer, these General Terms and Conditions are deemed read and accepted.

1. Scope

These General Terms and Conditions apply to all services provided by Jakob Resch (hereinafter referred to as “the Contractor”) to his clients (hereinafter referred to as “the Clients”). Any deviating or additional terms proposed by the Clients shall not apply unless expressly agreed upon in writing.

For the purposes of these GTC, “Photographs” include all image works created by the Contractor, regardless of format, medium, or technical execution (including, but not limited to, digital images, online galleries, prints, and albums).

2. Contract Formation and Payment

A binding contract is concluded upon booking a photographic service and payment of a retainer. Upon receipt of the retainer, the agreed date is considered firmly reserved. From that point onward, the Contractor commits to keeping the date exclusively available.

Full payment is due prior to the delivery of the final images. Any additional services or expenses exceeding the originally agreed scope of services and requested or expressly approved by the Clients will be invoiced separately.

3. Cancellation, Withdrawal, and Rescheduling

Clients may withdraw from the contract; however, depending on the timing of such withdrawal, a reasonable cancellation fee will apply. Any services already rendered by the Contractor (such as consultations, planning, organizational work, or site visits) shall be compensated separately in all cases.

In the event that rescheduling becomes necessary due to force majeure or official governmental orders (e.g. legal restrictions, quarantine regulations), the Contractor agrees to transfer the contracted services to a new date, provided no additional costs are incurred. Any resulting additional expenses shall be borne by the Clients. If no rescheduling takes place, the cancellation terms shall apply.

4. Usage Rights and Copyright

Upon full payment, the Contractor grants the Clients a simple, non-exclusive license to use the Photographs for private, non-commercial purposes. Forwarding the images to third parties is permitted.

Whenever the Photographs are published, the Contractor must be credited in an appropriate manner. Any commercial use, alteration, or editing of the images requires the prior written consent of the Contractor.

Unless expressly objected to, the Contractor is entitled to use the Photographs without limitation in time, territory, or content for his own portfolio, marketing, and promotional purposes.

5. Artistic Freedom

The Clients acknowledge that the Contractor’s work follows an individual artistic vision. Style, image selection, editing, and technical execution are subject to the Contractor’s creative discretion.

Complaints based on personal taste, artistic style, or creative interpretation are excluded. Any subsequent editing or retouching requests require a separate agreement and will be billed additionally.

6. Scope of Services

The Contractor does not guarantee a specific number of images nor the complete photographic coverage of all persons or moments present. Specific motifs or sequences can only be guaranteed if expressly agreed upon in advance.

The selection of final images is at the sole discretion of the Contractor. The Clients have no claim to all images taken. RAW files will not be provided unless explicitly agreed upon in writing.

7. Acceptance and Defect Notification

The Clients are required to review the delivered Photographs within a reasonable period and to notify the Contractor in writing of any defects. If no written objection is received within this period, the Photographs shall be deemed accepted and in full contractual compliance.

8. Client Cooperation Obligations

The Clients are responsible for obtaining all necessary permissions for photography at the respective locations. They are further responsible for organizing schedules, informing the Contractor of key moments, and coordinating group photos.

The Contractor assumes no responsibility for limitations caused by venue restrictions, organizational shortcomings, or missing information provided by the Clients or third parties engaged by them (e.g. wedding planners).

9. Contractor’s Inability to Perform

If the Contractor is unable to perform due to unforeseen circumstances (such as illness, accident, or force majeure), he will make reasonable efforts to arrange a professionally equivalent replacement from his network. In such cases, no additional costs shall be incurred by the Clients.

If no replacement can be found, the Contractor’s liability shall be limited to the refund of all payments already made.

10. Liability

The Contractor shall be liable only for damages caused by willful misconduct or gross negligence. Liability for indirect damages, consequential damages, or loss of profit is excluded.

11. Data Protection

The Contractor processes personal data of the Clients exclusively in accordance with applicable data protection laws for the purpose of contract performance and his own promotional activities. Further details are outlined in the Privacy Policy.

12. Final Provisions

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. Austrian law shall apply. Place of jurisdiction is Vienna, Austria, insofar as legally permissible.