TERMS AND CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by JR Productions - Julia Rettenmaier (hereinafter referred to as JR Productions) with all contractual partners outside Germany, Austria and Switzerland and are subject to the German law in the event of a dispute.
All work is carried out by JR Productions with the understanding that the client has agreed to JR Productions terms and conditions.
Copyright is retained by JR Productions on all photography, film, audio and design work including words, ideas, sketches, graphics, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of photographs, films, audio and/or designs is presented and chosen for the client’s project, only that solution is deemed to be given by JR Productions as fulfilling the contract. All other photographs, films audio and/or designs remain the property of JR Productions unless specifically agreed in writing.
The Terms and Conditions can be read at any time on the JR Productions website.
At the time of the proposal, JR Productions will provide the client with a written estimate or quotation by email that is valid for a period of four weeks.
A copy of the written estimate or quotation is to be signed and dated by the client to indicate acceptance and should be returned to JR Productions. Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept JR Productions terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the JR Productions terms and conditions are what govern the job, not any conditions on the clients’ purchase order.
It is the responsibility of the client to ensure that photo shoots, film, design and/or social media services can be carried out at the desired location and to what extent. The client may need to email JR Productions a location release form signed by the owner of the property. Upon request, JR Productions will send the client an email with a template of the location release form. If the approval is only known on-site and has been declined, the entire amount of the written estimate or quotation plus any additional costs will be charged.
All works created by JR Productions are preselected by JR Productions. This preselection is protected by copyright and may not be downloaded, published or passed on to third parties. It may only be made available to the client for inspection and further selection. The client has up to seven days after receipt of the files to select the preferred files for post-processing and/or completion by JR Productions.
Every day of an on-site photo shoot, film production and/or design project that lasts longer than 5 hours, JR Productions is given a one-hour lunch break (meals must be provided by the client) and toilet breaks at JR Productions discretion.
Delivery & Storage
JR Productions endeavors to deliver the files within the time frame specified in the individual contract. If JR Productions determines that the schedule cannot be met, the client will be informed immediately of the expected duration of the delay, without penalties.
If delays occur due to the client’s modification requests or for other reasons for which the client is responsible, the completion date can be exceeded by at least the amount of time by which the production time was delayed or interrupted. However, if the production process is delayed by more than 6 months, JR Productions is entitled to withdraw from the contract. The client has to pay for all costs incurred up to that point.
Weather-related postponements or discontinuations of photo shoots, film productions and/or design projects are not included in the estimate. Additional fees may apply and will be charged separately. The same applies to additional photo, film and/or design appointments.
All deliverable images as per contract will have standard retouching and image editing. This includes noise reduction, white balance, contrast, exposure and lens correction, light color adjustments, resizing and cropping of the image, background removal and light skin retouches. Additional retouches and changes requested by the client will be charged separately, depending on the contractual arrangement and may include but is not limited to professional skin retouching (such as airbrushing, blemish removal, tooth whitening, stray hair removal, weight reduction etc.), HDR effects, special effects (such as compositions, photo manipulations, photo stitching, removing objects, creating/removing shadows, creating moving images), adding text and graphics, etc.
All deliverable films edited by JR Productions as per contract will have standard editing. Additional editing will be charged separately, depending on the contractual arrangement and may include but is not limited to any type of special effects.
All deliverable design work created by JR Productions as per contract will have the standard design process including three modifications. Additional modifications and other extra design services will be charged separately, depending on the contractual arrangement.
All deliverable social media services by JR Productions as per contract will have the standard service. Additional modifications and other extra design services will be charged separately, depending on the contractual arrangement.
After completion, JR Productions delivers the photos (jpg or png), the film (mp4, mov or gif) and/or the design works (jpg, png or pdf) to the client via Wetransfer.
After receiving the email with the link, it is the responsibility of the client to download the files, confirm receipt by email and to request any changes within seven days. If the written confirmation and/or requests for modifications are not received within this time frame, all files sent are deemed to have been received and accepted. After seven days, the link (wetransfer.com) is no longer valid and the files can no longer be downloaded. On special occasions, JR Productions will resend the files with the same time frame
All raw and finished materials from the photo shoot, the film production and/or the design project are stored for three years free of charge by JR Productions. After three years, the client may decide whether the materials should continue to be stored at monthly costs (€ 14.99).
The complete contract is stored digitally for 5 years and can be viewed and requested by the client at any time within this time period.
All charges are in (€) EURO plus VAT at the German tax rate (19%).
Charges for photography, film, design and other services to be provided by JR Productions will be set out in the written estimate or quotation that is provided to the client by email.
At the time of the clients’ signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the client, all photography, film and design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the client for review.
The remaining fifty (50) percent of the project quotation total, plus any additional services and expenses, will be due upon completion of the work prior to the release of materials to the client.
Product purchases such as books, courses, workshops, presets, etc. must be paid in full (100%) at the time of purchase.
Charges for any additional services and expenses requested during the project that are over and above the estimated time or out of scope will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Additional Services and Expenses
Additional services such as extra times/days for photo shoots, film productions and/or design services as well as extra services such as retouching, editing and project modifications of any kind that are requested by the client will be charged separately unless otherwise agreed in writing.
In the event that a client may send goods for a photo shoot, film production and/or design project to JR Productions, JR Productions takes no responsibility or liability. Damages, losses and other defects on the shipped goods cannot be claimed. Upon request, the items will be returned to the client on the day the project is completed. All shipping costs must be paid by the client immediately.
JR Productions is entitled to order external services and products that are required to fulfill the order on behalf of the client. The external service provider sends all invoices directly to the client. The invoices must be paid immediately to continue with the photo shoot, film production and/or design project.
Additional production costs paid by JR Productions must be reimbursed by the client immediately. This also applies to all costs for the acquisition of licenses for stock photos, videos and audio, studio rentals, bookings of talent (models, actors, etc.) crew members, (stylists, make-up artists, assistants etc.) as well as expenses for props, set design, reproductions, printing and more.
All costs for travel, accommodation, meals, etc. are additional expenses and will be charged separately, unless otherwise agreed in writing. These travel expenses must be paid or reimbursed by the client immediately after receipt of the invoice/s.
The client will be provided with a Proof Email and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the client will also be required to sign and signify approval by email to JR Productions.
Payments may be made by online transfer or Paypal. The balance of monies due must be paid within 14 days. Any invoice queries must be submitted by email within seven days of the invoice date.
Accounts which remain outstanding for 14 days after the date of invoice, will incur a late payment interest charge of 10% on the outstanding amount from the date due until the date of payment.
Clients whose accounts become default agree to pay all JR Productions‘ reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms & Conditions.
Copyright and Usage
JR Productions will supply photo files, film files, graphic files and any other files as detailed in the job scope or request.
Charges for photography, film and design services do not cover the release of JR Productions copyright of any raw photography, film, and design source files, including but not restricted to INDD, PSD, AI, RAW, PNG, PRPROJ, SESX, or other source files or raw code; if the client requires these files for transfer to an in-house or other photographer, filmmaker and/ or designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Unless otherwise agreed in writing, photos, films and/or design services by JR Productions are only intended for personal use.
Publications of photos, films and/or design work by JR Productions on social media and other platforms on the internet are only permitted for personal use and must contain the following copyright information:
JR Productions, Julia Rettenmaier
The author must be named directly next to the photos, films or design work. Any reproduction, modification or sale of photos, films and design works by JR Productions without the written permission and paid usage fees of JR Productions is not permitted.
The client may request in writing from JR Productions, the necessary permission to use materials (for which JR Productions holds the copyright) in forms other than for which it was originally supplied, and JR Productions may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid images, films, artwork, text, or other data is used.
By supplying images, films, audio, text, or any other data to JR Productions, the client grants JR Productions permission to use this material freely in the pursuit of the photo shoot, film production and/ or design.
The client agrees to fully indemnify and hold JR Productions free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
JR Productions has the right to use and publish all photo, film, audio and design work resulting from the photo shoot, film production and/or design project as well as other provided services free of charge for samples, contests, exhibitions, advertising and self-promotion. Usage outside the bounds of this agreement will require the client’s consent.
Rights of Refusal
JR Productions will not be part of photo shoots, film productions or design projects which deem to be immoral, offensive, obscene or illegal. All published material must conform to all standards laid down by all relevant standards authorities. JR Productions also reserves the right to refuse to include submitted material without giving reason. In the situation where images, film, audio or data that JR Productions does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to remove the contravention without hindrance, or penalty. JR Productions is to be held in no way responsible for any such data being included.
Cancellations of orders require a formal written notification from the client. Upon receipt of this cancellation, the following cancellation fees are payable immediately:
If the client subsequently withdraws from an order placed, JR Productions has the right to withhold the advance payment (a minimum of 50% of the project quotation total).
In the event of cancellations made less than a week before the photo shoot, film production and/ or the start of the design project, the client will be charged the full quoted cost plus any additional expenses incurred up to that point. The balance of monies due must be paid within 14 days.
The client is hereby advised to take out appropriate insurance to cover all costs incurred in the event of cancellation.
In the very unlikely events of cancellation by JR Productions or of total photographic, film or design failure, liability shall be limited to a full refund of any fees paid.
JR Productions will endeavor to put the client in touch with another photographer/ filmmaker or graphic designer in the event JR Productions is unable to attend the photo shoot, film production and/or design project appointment due to any cause beyond JR Productions reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
JR Productions makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
JR Productions will not be held responsible for any and all damages resulting from products and/or services it supplies. JR Productions is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While JR Productions takes reasonable steps to investigate the materials JR Productions recommends, JR Productions accepts no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
The client agrees not to hold JR Productions responsible for any such loss or damage. Any claim against JR Productions shall be limited to the relevant fee(s) paid by the client.
JR Productions reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. JR Productions will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
JR Productions is not responsible for fixing hair, skin or makeup problems during the photo shoot and/ or film production.
The client acknowledges that she/he has viewed examples of previous work of JR Productions and is satisfied with the overall style of photography, film and/or design work that is presented. JR Productions reserves the right to artistically interpret how to photograph, film and/or create a design.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. JR Productions reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for a photo shoot, film, design and/or any other services offered by JR Productions, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at Terms and Conditions.
An estimate validated by the client’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and JR Productions.