AGB

GENERAL TERMS AND CONDITIONS (T&Cs) Effective as of June 2025

Business Address:

Alter Hainburger Weg, 2460 Bruck an der Leitha Email: michelleschenzel@gmail.com

SCOPE

These General Terms and Conditions apply exclusively to all business transactions between the parties. Any conflicting terms and conditions of the customer, hereinafter referred to as "the Client," shall not apply unless explicitly agreed upon in writing by the photographer, Michelle Schenzel, hereinafter referred to as "the Contractor."

For the purposes of these T&Cs, "photographs" refer to all digital products (including but not limited to photographs and videos) produced by the Contractor, regardless of their technical form or the medium used. This includes but is not limited to printed or exposed paper photographs, photographs in photo books and wedding albums, digital photographs in online galleries, or photographs and videos stored on other data carriers.

OBLIGATIONS OF THE CLIENT

The Client must provide the Contractor with all necessary information for the timely execution of the order (such as schedule, directions, special requests). Any delays resulting from the Client’s failure to provide such information will be the responsibility of the Client and shall not be attributed to the Contractor. These delays will be considered part of the working time for which the Contractor is entitled to remuneration.

The Client is responsible for ensuring that photography is permitted at the designated locations. The Contractor is not responsible for verifying photography permissions or any rights related to the individuals, buildings, locations, or items depicted. The Client shall indemnify and hold the Contractor harmless if third parties file compensation claims due to a breach of this obligation.

The Client must submit any notice of defects in writing to the Contractor, to be received no later than 14 days after the delivery of the photographs. After this period, the photographs will be deemed accepted and free from defects.

The Client acknowledges the following:

Michelle Schenzel’s services are of a unique and artistic nature.
Michelle Schenzel’s work is constantly evolving and may vary from previous work. The final photographs may differ from the Client's expectations based on prior works.
Michelle Schenzel will use personal artistic judgment to create imagery consistent with her creative vision. The Client is responsible for informing their wedding guests in advance that photography will take place and that the images may be used for various purposes.

CONTRACTOR’S PERFORMANCE

The Client acknowledges that the photographic process, including the selection and editing of photographs, is subject to the artistic discretion of the Contractor. Complaints or notices of defects related to these aspects will not be entertained. Any subsequent change requests from the Client will require a separate agreement and be subject to additional charges.

The Contractor is not obligated to provide a specific number of photographs unless otherwise agreed upon.

The Contractor will create a realistic photo reportage, portraying persons, events, and items as they are. Basic photo editing, such as light, focus, and frame corrections, will be included. Advanced retouching services are not included unless specifically agreed upon.

OBLIGATIONS OF THE CONTRACTOR

Michelle Schenzel agrees to provide photography services for the Client and reserves the right to delegate the execution of the services, in whole or in part, to a third party. Such delegation does not require prior consent from the Client. The Photographer remains responsible for ensuring proper performance of the services by any third party, unless otherwise agreed.

The Contractor will release the selected and edited photographs in a file format chosen at her discretion (e.g., JPEG). Under no circumstances will RAW files be provided.

Upon delivering the images, the Contractor is no longer responsible for storing the digital files. The Client assumes liability for any loss, destruction, or damage after delivery.

By booking, the Client agrees that Michelle Schenzel may use all resulting images for portfolio purposes (e.g., portfolio books, websites, blogs, social media). The Client acknowledges they have informed themselves about the photographer's style. The processed images will be delivered in JPG format, with a mix of color and black-and-white photos at the Contractor's discretion.

The Contractor will deliver digital copies of the photographs within twelve weeks of the photo session. For more complex products (e.g., wedding albums), a separate handover date will be arranged.

Michelle Schenzel will make every reasonable effort to capture all requested photographs. However, circumstances beyond her control (e.g., weather, venue restrictions, or delays) may compromise coverage. The Client agrees to accept the technical limitations resulting from these circumstances.

MISCELLANEOUS

For assignments lasting six (6) hours or more, the Client shall provide a backstage area for Michelle Schenzel, equipped with 1 table, 2 chairs, and electric outlets for two devices. The Client must also provide refreshments and food.

FEES AND EXPENSES

If the actual working time exceeds the agreed period, additional hours will be charged at €350 per commenced hour.

An initial deposit is due within 10 days of contract conclusion. The Contractor reserves the right to withhold services if the deposit is not received on time. The remaining balance is due within 10 days of invoicing, but not before the photographs have been released.

The Client may need to provide accommodation for two overnight stays near the wedding venue to ensure timely arrival.

Additional costs (e.g., material costs, parking fees, postage) are not included in the fee and must be borne by the Client.

CHANGES, EXTENSIONS, AND CANCELLATION OF ORDERS

If the Client cancels the contract, no refund will be provided for any amounts paid.

If the Client reschedules the event more than six months before the original date and Michelle Schenzel can accommodate the new date, the paid amount will be credited towards the new booking, which will reflect the current pricing.

In the unlikely event that Michelle Schenzel cannot fulfill the contract due to illness, pregnancy, injury, or other unforeseen events, she will make every effort to find a suitable replacement photographer. If no replacement can be found, liability is limited to a refund of all payments, excluding travel expenses.

As previously stated Michelle Schenzel is entitled to have the order fully or partially executed by third parties, without the prior consent of the Contracting Partner. This includes the possibility for third parties to execute the entire order on behalf of the Photographer. The Contracting Partner acknowledges that the Photographer remains responsible for the proper execution by third parties, unless otherwise expressly agreed.

RETENTION OF TITLE, RIGHT OF USE, AND COPYRIGHT

The photographs remain the property of the Contractor until full payment is received. The Client is granted a simple right to use the photographs for personal purposes. Any commercial use requires the Contractor's prior permission.

No rights of use are granted until full payment is received. The Contractor will select the photographs for delivery, and the Client is not entitled to receive all photos taken. Photographs must not be edited or altered without the Contractor’s permission.

The Contractor is allowed to use the Client's photographs for advertising and promotional purposes unless the Client objects.

LIABILITY

The Contractor is not responsible for verifying photography permissions for individuals, buildings, or locations depicted. This responsibility lies with the Client. The Contractor accepts liability only for damages caused by gross negligence or intentional actions, excluding indirect damages.

The Contractor is not liable for force majeure (e.g., sudden illness, flight cancellation) or equipment failure. In such cases, the parties will attempt to reschedule the assignment.

OFFSETTING, RIGHT OF RETENTION, AND ASSIGNMENT

The Client may only offset claims against the Contractor if they are undisputed or legally confirmed. Assignment of claims to third parties requires the Contractor's written consent.

RIGHT OF WITHDRAWAL

The Client has the right to withdraw from the contract within fourteen (14) days of conclusion. To exercise this right, the Client must notify the Contractor in writing (e.g., via post or email).

APPLICABLE LAW

Austrian law applies. The place of performance for all services is Bruck an der Leitha, and the jurisdiction is Bruck an der Leitha, unless another jurisdiction applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.