Terms & Conditions

These General Terms and Conditions (hereinafter "Terms") apply to all contracts, orders, and services between WELO MEDIA STUDIOS S.R.L. (hereinafter "Photographer" or "Contractor"), represented by Alexandru-Sebastian Bogdan, and the respective client (hereinafter "Customer").

Services are provided cross-border into Austria on the basis of EU Services Directive 2006/123/EC.

Deviating terms of the Customer are only recognized if the Photographer has expressly agreed to them in writing. These Terms also apply if the Photographer, being aware of conflicting terms of the Customer, provides the service without reservation.

Offers made by the Photographer are non-binding. A contract is only concluded through the Photographer's written order confirmation (by email, letter, or booking form) or through performance of the agreed service.

By placing an order, the Customer accepts these Terms. The Terms are available at all times at www.fotoinwien.at/agb/.

The scope of the photographic services results from the respective order confirmation or the booked package. The type and extent of image editing, the selection of final images, and the artistic execution are at the Photographer's discretion.

The Photographer is entitled to engage qualified third parties (e.g. assistants, a second photographer) to carry out the order.

There is no entitlement to specific poses, expressions, backgrounds, or specific individual results unless expressly agreed in writing.

The prices agreed at the time of order confirmation apply. All prices are net; any applicable VAT is shown separately where applicable.

Payment terms: A deposit of 30% of the total amount is due upon order confirmation. The remaining balance is payable within 7 days of delivery of the images, unless otherwise agreed.

Delivery of the images takes place only after full payment has been received. In the event of late payment, the Photographer is entitled to charge default interest of 9.2 percentage points above the applicable base rate (§ 456 UGB) as well as to claim dunning costs.

Travel costs within Vienna are included in the package prices. For assignments outside Vienna, a travel surcharge of € 0.42/km applies.

Agreed appointments are binding. Rescheduling is only possible by prior arrangement and confirmation by the Photographer.

Cancellation terms:

• Cancellation more than 14 days before the appointment: free of charge
• Cancellation 7–14 days before the appointment: 50% of the agreed fee
• Cancellation less than 7 days before the appointment, or no-show: 100% of the agreed fee

The deposit already paid is credited towards the cancellation fee. In the event of force majeure (§13), the appointment may be rescheduled by mutual agreement.

If the appointment is cancelled by the Photographer (e.g. due to illness), a free replacement appointment is offered, or the deposit already paid is refunded in full.

The copyright in all photographs created remains, without exception, with Alexandru-Sebastian Bogdan as the author (photographer pursuant to §§ 1, 3, 10 UrhG) and with WELO MEDIA STUDIOS S.R.L. as the rights holder. Delivery of photographs does not constitute a transfer of copyright.

Customer's right of use: Upon full payment, the Customer receives a simple (non-exclusive), non-transferable right of use for the purpose agreed in the order. Without a separate written agreement, use is permitted exclusively for:

• Personal or internal business purposes
• Use on the Customer's own website and own social media channels
• Use in the Customer's own printed materials (brochures, business cards)

Expressly NOT permitted without a separate written license agreement:

• Passing on, selling, or sublicensing to third parties
• Use for paid advertising (ads, posters, billboards) beyond the agreed scope
• Editing, manipulation, application of filters, or alteration of the images (including removal of watermarks or metadata)
• Use as training material for AI models or machine learning systems
• Registration as a trademark, logo, or design

Photographer's rights: The Photographer retains, in any case, the unrestricted right to use all photographs created for his own purposes, in particular:

• Portfolio, website (fotoinwien.at, welo-media.com), and social media
• Competitions, exhibitions, and publications
• Advertising for his own services (print & digital)
• Licensing to third parties (agencies, stock platforms)
• Editing and further processing at his own discretion

Attribution: The Photographer must be credited as the author in every publication (e.g. "Photo: Alexandru Bogdan / Foto in Wien" or "© fotoinwien.at"). Removal of embedded metadata (IPTC/EXIF) is prohibited.

Extended usage rights: The granting of exclusive or extended usage rights is only possible through a separate, written license agreement against an additional fee. Flat rates for extended licenses available on request.

Damages for copyright infringement: In the event of unauthorized use, damages will be claimed based on the image fee tables of the MFM (Mittelstandsgemeinschaft Foto-Marketing), plus a surcharge of 100% for the omission of attribution. In addition, the costs of legal action (attorney's and court fees) will be invoiced.

Legal basis: §§ 1, 3, 10, 12, 14, 16, 17, 74, 78 UrhG (Austrian Copyright Act); Art. 17 DSM Directive (EU 2019/790); Berne Convention.

Image editing is carried out at the Photographer's artistic discretion. The Customer has no entitlement to a specific type of editing unless expressly agreed in writing.

RAW files (unedited original files) are generally not provided.

Delivery is made digitally via an online gallery with download function. Delivery time is generally 5–10 business days after the shoot, unless otherwise agreed.

The online gallery remains accessible for at least 30 days from the time it is made available. The Customer is responsible for the timely backup of the files. After the gallery expires, the Photographer assumes no liability for the loss of images that were not downloaded.

The Customer undertakes to provide the Photographer with all information necessary for carrying out the order in a timely and complete manner, in particular:

• Precise details on the location, time, and schedule of the event or shoot
• Access to the agreed locations (permits, keys, contact persons)
• Information about any photo restrictions at the venue
• Obtaining the consent of all persons depicted (model releases), where the Customer uses the images for its own commercial purposes

Delays or additional effort resulting from insufficient cooperation by the Customer are at the Customer's expense and entitle the Photographer to charge a reasonable surcharge.

The Photographer's liability is limited to the value of the respective order. This does not apply to damages resulting from injury to life, body, or health, or in cases of intent or gross negligence.

No liability exists in particular for:

• Loss of data after proper delivery of the images
• Damage caused by force majeure, weather conditions, or unforeseeable technical defects
• Acts of third parties (e.g. theft of equipment at the venue)
• Unlawful use of the images by the Customer
• Loss of profit or indirect consequential damages

For outdoor shoots, quality may be affected by weather conditions. In such cases, the Photographer will offer a replacement appointment where possible.

The right to one's own image pursuant to § 78 UrhG remains unaffected. Persons whose legitimate interests would be violated by the publication of images may object to the publication.

Portfolio use: By placing the order, the Customer generally agrees that selected images may be used by the Photographer for self-promotion (portfolio, website, social media). The Customer may object to this consent in writing at any time; already published images will, in that case, be removed within 14 days.

For events and functions, responsibility for informing participants about the photographic coverage lies with the organizer (the Customer).

Complaints must be submitted in writing within 14 days of delivery of the images. After this period has elapsed, the images are deemed accepted.

In the event of justified defects (e.g. technical defects such as blurriness in stationary shots), the Photographer will, at its discretion, offer rework or a free replacement shoot.

No warranty claim exists for subjective dissatisfaction with poses, facial expressions, hairstyles, clothing, or the general appearance of the persons depicted.

Applicable law: Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of private international law.

Place of jurisdiction: For all disputes arising from or in connection with the contractual relationship, the court with subject-matter jurisdiction in Vienna, Austria, is agreed. This does not apply insofar as mandatory statutory provisions (in particular consumer law) provide for a different place of jurisdiction.

Severability clause: Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

Written form requirement: Amendments and additions to these Terms require written form. This also applies to the waiver of this written form requirement. The written form requirement is also satisfied by transmission via email.