General Terms and Conditions (GTC) – Almes Media (Sole Proprietorship Ali Sari)

Scope: These General Terms and Conditions apply to all contracts between Almes Media, owner Ali Sari, based in Vienna (hereinafter “Contractor”), and its customers (hereinafter “Client”). Depending on the type of assignment, the specific provisions for wedding assignments (private clients) or business assignments (commercial clients) apply as set out below.

GTC for Wedding Assignments

1. Conclusion of Contract and Services

Contracting parties: The Contractor provides photo and/or video services in the wedding sector. Clients are generally bridal couples or private customers.

Conclusion of contract: A wedding assignment is deemed bindingly accepted once the date and services have been mutually confirmed (in writing, by email, or verbally) and an agreed deposit has been received. By placing the order, the Client accepts these GTC.

Scope of services: The scope of services (e.g. photographic coverage of the wedding, number of hours, number of images/videos, post-production, etc.) results from the booked package or an individual agreement. The Contractor owes delivery of the final products according to the service description of the selected package (e.g. edited digital photos in the agreed quantity, if applicable prints/albums, or fully edited videos).

No entitlement to raw material: The Client has no right to receive raw material created by the Contractor (e.g. unprocessed RAW image files or unedited video footage). The Contractor may decide at their discretion whether to provide raw data, possibly against separate remuneration. Unless otherwise agreed in writing, the bridal couple receives only the edited content defined in the package.

2. Prices, Deposit and Payment Terms

Prices: Unless stated otherwise, all prices quoted by the Contractor are gross prices (including statutory VAT) and plus any additional costs (e.g. travel or accommodation costs for distant wedding locations, venue fees, etc., if applicable and agreed in advance).

Deposit: Unless otherwise agreed in writing, a deposit of 50% of the agreed total fee is due upon booking a wedding report. This deposit serves to reserve the date and must be paid by the Client immediately upon invoicing and without deduction. The date is only finally reserved once the deposit has been received by the Contractor.

Balance payment: Unless otherwise agreed in writing, the remaining balance is due no later than one week before the wedding date. Alternatively, by agreement with the Contractor, the balance may be paid within one week after the wedding. Any deviation requires written form.

Due date and default: All invoices are due immediately upon invoicing without deduction. In the event of late payment, the Contractor is entitled to charge default interest at the statutory rate (for consumers currently 4% p.a. or 5 percentage points above the base rate) and to claim compensation for necessary reminder and collection costs. A reasonable reminder fee may be charged per reminder.

Retention of title: Until full payment of all fees, the delivered photos/videos remain the property of the Contractor. Usage rights are granted only after full payment has been received.

3. Cancellation by the Client (Withdrawal)

Cancellation must be made in writing. In the event of cancellation by the Client, the following cancellation fees apply (calculated from the agreed total price/fee):

• More than 6 months before the wedding date: No cancellation fee. Deposits will be refunded minus any expenses already incurred.

• From 6 months to 3 months before the date: 20% cancellation fee.

• From 3 months to 1 month before the date: 50% cancellation fee.

• Less than 1 month before the date: 100% cancellation fee (full payment of the agreed fee).

Notes: Deposits already paid will be credited against the cancellation fee. Any difference must be paid by the Client or refunded by the Contractor accordingly. The cancellation fee becomes due immediately upon cancellation. The Client may prove that no damage or a lower damage occurred.

4. Obligations of the Contractor; Non-Performance / Photographer Unavailability

Performance of the assignment: The Contractor undertakes to carry out the accepted wedding assignment carefully and to the best of their ability. In agreement with the bridal couple, the Contractor determines the process of the photographic/filmic work (shooting style, choice of motifs, etc.) and will consider Client requests where possible.

Use of third parties: The Contractor is entitled to engage assistants or third-party contractors (e.g. second photographers, assistants, videographers, labs for prints, etc.) to fulfil the contract. In such cases, Almes Media remains responsible to the Client for performance.

Photographer unavailability: If the Contractor cannot attend the agreed wedding date due to force majeure or other important circumstances (e.g. serious illness, accident), the Contractor will inform the Client without undue delay. The Contractor will make best efforts to arrange an equivalent replacement photographer. If this is not possible or not desired by the Client, either party may withdraw from the contract. In the event of withdrawal due to photographer unavailability, payments already made (in particular the deposit) will be refunded in full. Further claims (e.g. damages for lost memories or additional costs for a third-party photographer) are excluded in such cases of unculpable non-performance.

Disruptions caused by the Client: If the Contractor is prevented from providing the agreed services or if performance is substantially impeded due to circumstances attributable to the Client (e.g. missing access permissions, schedule delays caused by the Client), the Client bears any resulting additional costs (e.g. extended waiting times billed at the hourly rate).

5. Obligations of the Client

Information: The Client must provide the photographer in good time with all information relevant for performance (schedule, exact addresses, timelines, special rituals/surprises to be captured, etc.).

Permissions: The Client must ensure that photographing/filming is permitted at the venue (including obtaining permissions, e.g. in churches or registry offices). If local rules restrict photography (e.g. prohibitions in certain areas), the Contractor is not liable for gaps in documentation resulting from this.

Cooperation: The bridal couple and guests shall cooperate within reason, e.g. by making themselves available for group photos. Special motifs or persons that must be photographed should be communicated in advance.

Handling of equipment: The Client must ensure that the photographer’s equipment is not damaged or impaired on site (no interference by unauthorized persons with setup or lighting). In the event of intentional or grossly negligent damage caused by guests or third parties attributable to the Client, the Client may be held liable.

6. Usage Rights and Copyright

Copyright: All photos and videos created are protected by copyright. Copyright remains with the Contractor (photographer) at all times. After full payment, the Client receives usage rights as described below.

Private usage rights for the Client: The Client (bridal couple) receives the finished images/videos for private use. This includes viewing, downloading, saving, printing, sharing with family and friends, or posting on social networks for non-commercial purposes. Any commercial use (e.g. sale of photos, use for third-party advertising, participation in third-party photo contests, etc.) is only permitted with the Contractor’s prior written consent.

Editing of images: Any alterations to the delivered images by the Client or third parties (e.g. filters, cropping, manipulation) may only be made with the photographer’s consent. In particular, changes that could harm the photographer’s reputation or honor are prohibited.

Disclosure to third parties: Sharing images with third parties in a private context is permitted (e.g. to guests or service providers for personal use). Sharing for commercial purposes or granting sublicenses to third parties is not permitted without the photographer’s consent.

Credit: When the Client publishes photos (especially on social media), a photographer credit (e.g. “Photo: Almes Media/Ali Sari”) or link is appreciated but, unless otherwise agreed, not mandatory.

7. Photographer’s Rights (Self-Promotion)

Unless the Client expressly objects in writing before placing the order, the Contractor is entitled to use selected photos and videos created within the wedding assignment for own promotional purposes. This includes use on the Contractor’s website, portfolio, social media channels, blogs, flyers/brochures, and possibly submission to photo contests or professional publications.

By concluding the contract, the Client consents to this and waives any claims under the right to one’s own image (§ 78 Austrian Copyright Act) or data protection, insofar as the use is limited to the promotional purposes stated above.
Exceptions: If the Client or persons depicted are in a particularly sensitive situation, or there are important reasons against publication, the Client must notify the Contractor in writing no later than at the time of contract conclusion to agree an individual arrangement (e.g. non-publication notice for certain images).

Note: The Contractor will not use images that depict the bridal couple in a compromising or unpleasant manner. The selection is made with appropriate consideration.

8. Data Storage and Data Protection

Storage of image data: The Contractor generally archives the final digital image data for an unlimited period, as it may also form part of the artistic portfolio. However, no guarantee is given for permanent availability. The Client has the right, up to 6 months after final delivery, to request re-provision of the final data if their own copies are lost. Within this period, the Contractor will provide the files once free of charge (e.g. via download link). After 6 months, there is no entitlement to provision or storage; any further archiving is voluntary and without legal obligation.

Data protection: Personal data of the Client (e.g. name, address, contact details, wedding date) is used solely for contract performance and communication. Data is only shared with third parties to the extent necessary for contract fulfillment (e.g. print lab) or where legally required. After completion of the assignment and expiry of any statutory retention periods (tax/commercial law), data will be deleted unless further consent exists (e.g. newsletter). The Contractor’s privacy policy also applies.

9. Liability

Limitation of liability: The Contractor is liable for damages—regardless of legal basis—only in cases of intent or gross negligence by the Contractor or their agents. In cases of slight negligence, the Contractor is liable only for personal injury. Liability for property or financial damage caused by slight negligence is excluded. In particular, the photographer assumes no liability for missed shots or special moments due to unforeseeable circumstances.

Exclusions: No liability exists in cases of force majeure, technical defects (e.g. sudden camera failure, memory card errors), or other unforeseeable events that hinder or make performance impossible, provided the photographer is not at fault. In such cases, the photographer will attempt to mitigate damage (e.g. using backup equipment), but claims for replacement of lost images or consequential damages (lost profit, emotional damages, etc.) are excluded.

Maximum liability: If liability is nevertheless established, it is limited in amount to the order value (agreed fee). Any further damages are excluded.

Client liability: The Client is liable for damages suffered by the photographer or their equipment due to circumstances attributable to the Client (see also Section 5 Handling of Equipment).

10. Final Provisions (Weddings)

Jurisdiction and applicable law: Austrian law applies, excluding conflict-of-law rules. The place of jurisdiction for all disputes arising from the contractual relationship is—where legally permissible—Vienna.

Side agreements: Oral side agreements are invalid. Amendments or supplements to the contract or these GTC must be made in written form. This also applies to any waiver of the written-form requirement.

Severability clause: Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose. The same applies to contractual gaps.

Contract language: The contract, order, and business language is German.

GTC for Business Assignments

1. Subject Matter and Scope

These terms apply to business assignments of Almes Media with commercial or institutional customers. This includes, in particular, corporate clients engaging the Contractor for corporate photography, event documentation, advertising shoots, product photos, image films, or similar commercial services. Individual contractual agreements between Contractor and Client take precedence over these GTC if they expressly deviate.

2. Offers and Conclusion of Contract

Offers: Offers are non-binding and subject to change unless expressly designated as binding. A contract is concluded only upon written order confirmation (email is sufficient) or signing of a contract by both parties.

Cooperation duties: The Client must ensure that all information, briefings, and materials required for performance are provided in due time. If project execution is delayed for reasons within the Client’s responsibility, agreed deadlines may be extended accordingly.

3. Scope of Services and Performance

Service description: The specific scope (e.g. number of photos, duration of shoot, post-production, delivery formats; for videos: filming and editing services, etc.) is set out in the offer or contract. The Contractor performs with customary professional care and in accordance with the state of the art.

Artistic freedom: The Contractor has artistic freedom of design unless the Client provides specific requirements. In particular, visual approach, style elements, and technical implementation are at the Contractor’s discretion to achieve the best possible result. Client change requests will be considered where feasible, but if they deviate from the original assignment they may cause additional costs to be agreed separately.

Interim results and approvals: Depending on project size, the Contractor may provide interim results (e.g. contact sheets, a small selection of test shots, a rough cut of a video) for review or partial approval. The Client shall review promptly and communicate corrections or approvals within the deadline set by the Contractor (usually 5–7 business days). If no objections are raised within the deadline, interim results are deemed approved.

4. Prices and Payment Terms

Prices: All prices are net prices plus statutory VAT (currently 20% in Austria) and any expenses. Additional costs (e.g. location rental, special equipment, travel outside Vienna, models, makeup artists, etc.) will be listed in the offer or borne directly by the Client unless agreed otherwise.

Payment due date: Unless otherwise agreed, invoices are due immediately upon receipt without deduction. For one-off business photo assignments, the invoice is usually issued after performance and is payable immediately.

Milestone payments: For larger projects with phases (e.g. concept, shooting dates, post-production), staged payments may be agreed, e.g.:

• 30% deposit upon order placement (project start)

• 50% interim payment after completion of the first major phase (e.g. after the main shoot or presentation of initial results)

• 20% final payment after final delivery

Milestones and percentages may be defined individually. The Contractor may suspend further performance until the respective partial payment is received. If payment deadlines are not met, the Contractor may, after reminder and reasonable grace period, refuse further performance or withdraw.

Advance payments and progress invoices: The Contractor reserves the right to request advance payment or progress invoices, especially for first-time orders or very extensive services. Performance is only owed after receipt of the agreed advance payment.

Late payment: In the event of late payment, the Contractor may charge default interest at the statutory rate. In B2B transactions, default interest is currently 9.2 percentage points above the base rate p.a. Further claims (e.g. reminder fees or collection costs) remain reserved. The Contractor may charge a flat reminder fee per reminder or claim reimbursement of actual enforcement costs.

No set-off: The Client may only offset claims against the Contractor’s claims if such counterclaims are undisputed or legally established.

5. Cancellation, Rescheduling and Withdrawal (Business)

Cancellation before performance begins: If the Client terminates/cancels a booked date or project, the following applies unless otherwise agreed in writing:
If cancelled up to 14 calendar days before the planned date/start, the Contractor may charge a cancellation fee of 20% of the order value.
If cancelled less than 14 days before the date, the Contractor may charge 50% of the agreed fee.
If cancelled less than 7 days before the date or in case of a no-show, 100% of the fee is due. Deposits are credited accordingly.

Rescheduling: If the Client requests a reschedule rather than a cancellation, this is possible up to 7 days before the original date without additional cost. The Contractor will attempt to find an alternative date. For rescheduling within less than 7 days, the Contractor may charge an appropriate fee for preparations or downtime, especially if no suitable replacement date can be found and the Contractor had reserved the time.

Withdrawal for good cause: Both parties may withdraw if a good cause exists making continuation unreasonable (e.g. insolvency, repeated serious breaches after prior warning). If the Contractor withdraws for reasons attributable to the Client (e.g. late payment despite reminder, breach of cooperation duties), the Contractor is entitled to reimbursement for expenses and services rendered to date. Statutory withdrawal rights remain unaffected.

6. Ownership, Usage Rights and Promotion

Copyright and ownership: The Contractor remains the author of all photographs, videos, and other creative works. Until full payment is received, all physical and digital work results remain the Contractor’s property. After payment, the Client receives the works for use within the following license scope.

Usage rights for the Client: Unless otherwise agreed, the business Client receives a simple, non-exclusive right of use for the contractually agreed purposes. The Client may use the images/videos in the course of their own business activities (e.g. company website, social media, press releases, product advertising, internal presentations), depending on the agreed purpose. Any broader use beyond the agreed purpose requires the Contractor’s consent. Without separate agreement, the Client may not resell the works or grant usage rights to third parties.

Editing and protection: Changes or editing (e.g. third-party retouching, adding logos, filters) are permissible only within the agreed purpose. Major changes that distort the work or conflict with the quality standards require the Contractor’s consent. The Client must respect the photographer’s moral rights.

Credit: Where customary and technically feasible, public use (press, brochures, websites) should include a copyright notice or credit (e.g. “Photo/Video: © Almes Media”). If credit is impractical (e.g. small ad image), the requirement does not apply; however, the Client must not deliberately conceal authorship or present the works as their own creation.

Self-promotion by the Contractor: Analogous to wedding assignments, the Contractor may use the works for own promotional purposes (portfolio, website, social media, sample presentations), unless the Client objects in writing at contract conclusion. The Contractor may also name the company and show representative work results as references (e.g. in a client list or selected images/videos on Almes Media’s website). If the Client classifies certain content as confidential (e.g. new products before launch, internal processes), the Contractor will not publish it without permission. Individual confidentiality agreements may be concluded.

7. Acceptance and Warranty

Acceptance: After completion, the Contractor will present or deliver the results (e.g. online gallery, data carrier, personal presentation). The Client must review promptly and report any defects in writing without delay, at the latest within 7 business days after receipt. If no notice is given within this period, the results are deemed accepted as contract-compliant.

Warranty: For timely reported, material defects attributable to the Contractor (e.g. technical errors), the Contractor has the right to subsequent performance—either defect correction (e.g. re-editing) or replacement delivery (e.g. re-shooting where possible). If subsequent performance fails or is impossible, the Client may request a reduction of the fee. Withdrawal is only possible for substantial defects and only after two unsuccessful attempts at subsequent performance, provided services are divisible.

External causes: No warranty applies for deviations/defects caused by circumstances outside the Contractor’s control (e.g. faulty materials provided by the Client, unfavorable on-site conditions, known technical limitations).

Color deviations and formats: Minor deviations in color/brightness between output media (screen vs print) are not defects if within normal tolerance. Files are delivered in common formats (e.g. JPG, MP4). There is no entitlement to internal project files (e.g. PSD files, editing project files, raw edit timelines) unless expressly agreed.

8. Liability

Contractor’s liability: The Contractor is liable to the Client for damages—regardless of legal basis—only in cases of intent or gross negligence. In cases of slight negligence, liability is limited—where legally permissible—to personal injury. Liability for indirect damages, loss of profit, loss of revenue, data loss, or consequential damages is expressly excluded unless mandatory law provides otherwise.

Force majeure: The Contractor is not liable for performance failures due to force majeure or other unforeseeable circumstances beyond their control (e.g. accident, illness, extreme weather, official orders, strike, power outage, network failure, fire, theft of equipment). In such cases, the Contractor cannot be held liable for delays or non-performance. Deposits for services not rendered would be refunded; further claims are excluded.

Maximum liability: If liability is established, it is limited in amount to the project value (total fee).

Client liability: The Client is liable for damages incurred by the Contractor due to inaccurate specifications, information, or materials provided by the Client. The Client is also liable for damage to the photographer’s equipment or property caused by employees, representatives, or event participants of the Client.

Insurance: The Contractor maintains business liability insurance, which may respond to legitimate claims within the insured coverage. The Client remains free to obtain their own insurance for special risks (e.g. cancellation of a major event).

9. Archiving and Data Storage

Retention of raw data: The Contractor is not obliged to store non-delivered raw data or drafts after project completion. Digital negatives (RAW files) or unedited footage are, unless agreed otherwise, not part of the deliverables and may be deleted after the project is completed.

Archiving of final data: Final data delivered to the Client (edited photos, videos, etc.) may be stored by the Contractor internally, but without guarantee of indefinite availability. The Client is responsible for secure storage and archiving. Re-requests are possible as long as the Contractor still has the data; there is no legal entitlement after project completion.

Data protection: With respect to personal data, the same principles apply as in the wedding GTC (see Section 8 there). Client data is treated confidentially and used only for order processing. Business secrets/confidential information obtained during the project (e.g. launch dates, internal figures visible in images) are kept confidential and not disclosed to third parties.

10. Final Provisions (Business)

Jurisdiction and applicable law: Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is Vienna, provided the Client is a merchant or a legal entity under public law. The Contractor may also assert claims at the Client’s general place of jurisdiction.

Written form: Amendments or supplements require written form. Emails satisfy this requirement unless stricter legal form is required. Oral side agreements are invalid.

Severability clause: If individual provisions are invalid or void, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid one that most closely reflects the economic purpose.

Contract language: The contract language is German. Versions in other languages are for information only. In the event of discrepancies, the German version shall prevail.

Status: January 2026. These GTC for Almes Media – Ali Sari apply until further notice and replace all previous versions.