Terms and Conditions

1. Scope / Geltungsbereich

These Terms and Conditions apply to all contracts for photography and video production services between ESS2 Studios ("we", "us", "the Photographer") and our clients ("you", "the Client").

Any deviating, conflicting, or supplementary general terms and conditions of the Client shall not become part of the contract unless their validity has been expressly agreed in writing.

2. Booking and contract formation / Buchung und Vertragsschluss

A binding contract is formed when both parties have confirmed the scope of services, date, and fee in writing (email confirmation is sufficient). A booking fee (deposit) of 50% of the agreed total fee is due upon contract formation to secure the date.

The booking fee is non-refundable in the event of cancellation by the Client, except where otherwise agreed in writing.

3. Fees and payment / Honorar und Zahlung

All fees are quoted in Euros (EUR) exclusive of VAT where applicable. The remaining balance is due within 14 days of delivery of the final images or video files, unless otherwise agreed.

In the event of late payment, we reserve the right to charge statutory default interest pursuant to § 288 BGB.

Travel, accommodation, and other production expenses outside Munich are invoiced separately at cost unless included in the agreed quote.

4. Cancellation and rescheduling / Stornierung und Verschiebung

1. Cancellation more than 30 days before the shoot date: 50% of the total fee (booking fee) is retained.
2. Cancellation 8–30 days before the shoot date: 75% of the total fee is due.
3. Cancellation 7 days or less before the shoot date: 100% of the total fee is due.
4. Rescheduling requests are subject to availability and must be made in writing at least 14 days in advance. One free reschedule is permitted per booking.

5. Copyright and usage rights / Urheberrecht und Nutzungsrechte

All photographs and video content created by ESS2 Studios are protected by German copyright law (Urheberrechtsgesetz — UrhG). Copyright remains with ESS2 Studios at all times.

Upon full payment of all fees, the Client receives a non-exclusive, worldwide licence to use the delivered content for the agreed purposes (e.g. internal communications, website, social media, print). The licence does not include resale, sublicensing, or transfer to third parties without prior written consent.

ESS2 Studios reserves the right to use images from the shoot for portfolio, marketing, and promotional purposes unless the Client requests in writing prior to the shoot that images remain confidential.

6. Delivery / Lieferung

Edited images and video files are delivered digitally via a download link within the agreed timeframe. Standard delivery for event photography is 48 hours for a preview set and 5–10 business days for the full edited gallery. Portrait and branding shoots are delivered within 10 business days unless otherwise agreed.

The Client is responsible for downloading and backing up all delivered files within 30 days. ESS2 Studios is not obliged to store files beyond this period.

7. Liability / Haftung

ESS2 Studios carries professional indemnity and public liability insurance. Our liability for slight negligence is excluded to the extent permitted by law.

In the unlikely event of equipment failure, accident, illness, or circumstances beyond our control that prevent delivery, our liability shall be limited to a refund of fees paid. We shall not be liable for indirect, consequential, or incidental losses.

The Client is responsible for obtaining any necessary permits, venue permissions, or third-party consents required for the shoot.

8. Data protection / Datenschutz

We process personal data in accordance with our Privacy Policy and the General Data Protection Regulation (GDPR). Where photographs include identifiable individuals, the Client is responsible for ensuring appropriate consents or legal bases are in place under applicable data protection law.

9. Governing law / Anwendbares Recht

These Terms and Conditions are governed by the laws of the Federal Republic of Germany. The place of jurisdiction for all disputes arising from the contractual relationship is Munich (München), provided the Client is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law.

10. Severability / Salvatorische Klausel

Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.