Terms and Conditions (T&C)

1. Scope and General Information

These Terms and Conditions (T&C) apply to all business relationships between Robert Bodnar (hereinafter referred to as the "Contractor") and his clients (hereinafter referred to as the "Client"). These terms cover all services in the fields of photography, film production, creative direction, and digital strategy. Deviating conditions of the Client shall not be recognized unless the Contractor has expressly agreed to their validity in writing.

2. Contract Conclusion and Cooperation

  • Offer and Acceptance: A contract is concluded when the Client accepts a written offer from the Contractor (via email or signature) or by the Contractor’s written confirmation of an order.

  • Duty to Cooperate: The Client is responsible for providing all necessary information, access, and materials (e.g., brand assets, locations, permits) required for the production in a timely manner. Delays caused by the Client may result in rescheduled dates and additional costs.

3. Services and Production

  • Creative Freedom: The Contractor shall have creative freedom in the execution of the services. Complaints regarding the artistic direction are excluded once the production has been completed according to the agreed brief.

  • Third-Party Costs: Any costs for third-party services (e.g., models, specialized equipment rentals, location fees, travel expenses) shall be borne by the Client. The Contractor reserves the right to require these costs to be paid in advance or settled directly by the Client with the third-party provider.

4. Deadlines and Delivery

  • Timeframes: Delivery dates provided are estimates unless a fixed deadline has been explicitly agreed upon in writing.

  • Method of Delivery: The final edited material will be delivered digitally (e.g., via a secure download link or gallery).

  • Raw Material: The Contractor is only obliged to deliver the final edited files. The delivery of unedited raw data (RAW files, unedited footage) is not part of the standard contract and requires a separate written agreement and additional fee.

5. Fees and Payment Terms

  • Pricing: All prices are quoted in Euro (EUR).

  • Deposit: A non-refundable deposit of 50% of the total project fee is required to confirm the booking and secure production dates.

  • Final Payment: The remaining balance is due within 14 days of the final delivery of the material, unless otherwise stated on the invoice.

  • Late Payment: In the event of a delay in payment, the Contractor reserves the right to charge statutory default interest and suspend any further services or usage rights.

6. Usage Rights and Copyright

  • Copyright: The copyright (Urheberrecht) remains exclusively with Robert Bodnar at all times.

  • Granting of Rights: Upon full payment, the Contractor grants the Client a non-exclusive, non-transferable license to use the delivered material for the purpose and duration specified in the contract.

  • Credit: Where technically and commercially feasible, the Client shall provide a credit to "Robert Bodnar" (e.g., in metadata, image captions, or social media tags) when the material is published.

  • Self-Promotion: The Contractor reserves the right to use the produced material for his own promotional purposes (e.g., portfolio, website, social media, showreels).

  • AI Restrictions: The Client is strictly prohibited from using the materials for training or fine-tuning machine learning models/AI. Data mining, scraping, or "style-alike" generation via AI is expressly forbidden.

7. Cancellation and Resignation

  • Notice: Cancellations must be made in writing.

  • Fees: * Up to 7 days before production: The deposit is retained as a cancellation fee.

    • Within 48 hours before production: 100% of the agreed total fee will be charged.

  • Unforeseen Circumstances: If a shoot is cancelled due to force majeure (e.g., extreme weather) or unforeseen incapacity of the Contractor (e.g., sudden illness or injury), the parties will attempt to find an alternative date. If no date is found, the deposit will be refunded, minus any non-refundable third-party costs already incurred.

8. Liability and Warranty

  • General Liability: The Contractor shall only be liable for damages caused by intent or gross negligence.

  • Liability Cap: The Contractor’s total liability for any claim arising out of this contract is limited to the total amount of the fee paid by the Client for the specific project.

  • Storage: The Contractor will store the final files for 12 months. After this period, the Contractor is not responsible for data loss.

  • Review: The Client must check the work for defects immediately. Complaints must be submitted in writing within 7 days of delivery.

9. Use of AI Technologies

  • Innovation: The Contractor reserves the right to use AI tools (e.g., for noise reduction or retouching) to ensure high-quality results.

  • Integrity: The Contractor guarantees the core creative output remains human-led. All usage rights granted to the Client apply to the final result regardless of the tools used.

10. Jurisdiction and Final Provisions

  • Governing Law: This contract is governed by the laws of the Republic of Austria.

  • Jurisdiction: The competent court in Graz, Austria, shall have exclusive jurisdiction over all disputes.

  • Severability: Should any provision be or become invalid, the validity of the remaining provisions shall not be affected.