Terms and conditions

preamble

All participants or all customers will sign and accept the terms and conditions of Marc Hillesheim Underwater Photography after booking a shooting. No booking is finally confirmed unless the terms and conditions are signed by the participant / customer.

1.Copyright

No image may be commercially used without written permission of Marc Hillesheim. Please observe the valid provisions of copyright law! These are also applicable for internet use.

2. guarantee

There is no guarantee for "success" while shooting babies or other non-professional models under water. Not every baby but also not every adult is equally fit for being an underwater model. Sometimes it´s just the wrong day. A warranty or reimbursement therefore is excluded.

The number of taken pictures per participant is subject to a certain variation. There is no title of the participant for a certain number of successful or taken images.

For prepaid photoshootings that haven´t generated usable results because of reasons not on the responsibility of the photographer, Marc Hillesheim will endeavour to set up another shooting. Hereunto exists no legal claim.

3.Flaws

Legitimate complaints and flaws have to be reported within one week in written form (mail or email).

Legitimate flaws will be corrected. Any refund is excluded.

4.service provision

All services offered only after advance payment or collect on delivery. All prices are including VAT where applicable.

5.appointements

Shooting dates fixed per mail or email are binding!

For dates that are cancelled by the participant not earlier than 48 hours before the date no refund will be given. All expenses that arise for Marc Hillesheim related to a booking (for instance travel expenses) cannot be refunded once the booking is confirmed.

6. use of images for the promotion of marc hillesheim photography

Images taken by Marc Hillesheim may be used for layouts, for promotion, internet, in regional,nationwide and international print media and media of other kind. The participant approves to this by signing these terms and conditions before the shooting. For minors the signature of a parent or legal guardian applies.

This doesn´t allow any commercial exploitation (sale) of the images to third parties!

7.water quality

Water quality is a vital criteria for the quality of underwater photos. Should the optical quality of the water not be acceptable for a shooting, Marc Hillesheim reserves the right to cancel the shooting after consulting the participants. The participants retain the right for a new attempt at no cost. Further claims are excluded.

For shootings in pools owned by the participant the participant bears the responsibility for the water quality.

8. scope of performance

The customer has legitimate claim to all services stipulated in written form (mail or email).

Exceeding services need separate agreements and, if applicable, aditional compensation.

9.cancellations, returns

The right to cancel or return an ordered photographic print or an ordered retouching of a photographic file is in German law excluded under § 312d Abs. 4 Nr. 1 BGB , because the ordered products are manufactured according to the specifications of the buyer and tailored to his personal needs. For legitimate complaints see Art.3.

10. Governing law, Jurisdiction

German law applies under exclusion of the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all legal matters resulting from a contract between the customer and Marc Hillesheim is Cologne, Germany

11.Salvatory Clause

Should any part of these terms be invalid for any reason, it is to be replaced with a corresponding text, which is valid and equivalent to the intended meaning. The rest of the agreement shall remain unaffected and valid.