For all contracts with Mag. Kerstin Verena Reiger – unless otherwise agreed in writing – these Terms and Conditions shall apply:

1.1 The following General Terms and Conditions shall apply in all cases where the photographer enters into a transaction with an entrepreneur as defined in sec. 1 of the Austrian Consumer Protection Act [Konsumentenschutzgesetz, KSchG).

1.2. The photographer provides his services exclusively on the basis of the following General Terms and Conditions. By placing the order, the dient acknowledges their applicability. Unless the photographer announces any changes, these shall also apply to all future business transactions, even if no express reference is made to them. The general terms and conditions of the other party – if any – are not part of the contract.

1.3. Should individual provisions of these general terms and conditions prove to be ineffective, this will not affect the binding nature of the remaining provisions of the contracts based thereon. Any ineffective provision shall be replaced by an effective one that reflects the meaning and purpose of the original provision to the greatest possible extent.

1.4. Offers from the photographer are subject to modification and are non-binding.

II. Copyright provisions

2.1 The photographer is entitled to all copyrights and related rights of the creator of a photograph [sections 1, 2, para 2, 73 et seq. of the Austrian Copyright Act [Urheberrechtsgesetz,

UrhG)). Usage permits [publication rights, etc.) will only be deemed to have been granted if expressly agreed. In such a case, the dient acquires a simple [non-exclusive, nontransferable [non-assignable] license only for the expressly agreed purpose and within the agreed limits [number of copies, time and location restrictions, etc.]; in case of doubt, the scope of use stated in the invoice or in the delivery note shall be deemed to have been agreed. In any case, the dient only acquires as many rights as are required in view of the disclosed purpose of the contract [the order placed]. In the absence of any other agreement, the usage license will be valid only for a single publication [in one edition], only for the dient’s expressly designated medium and not for advertising purposes.

2.2 With every use [reproduction, distribution, broadcast, etc.]. the dient shall be obliged to display the manufacturer’s name [naming] and/or the copyright notice as defined in the World Copyright Agreement]. dearly and legibly [visibly], not upside down, and in normal letters, right next to the photograph and dearly identifiable, in the following way: Photograph: [c] … name/company/artist name of the photographer; place and, if published, year of first publication. In any case, compliance with this provision corresponds to the attachment of the manufacturer’s name within the meaning of sec. 74 para 3 of the Copyright Act. In cases where the photograph is signed on the front [within the picture], the publication of this signature will not replace the manufacturer’s note described above.

2.3 Any change in the photograph shall require the photographer’s written consent. This requirement will only be waived in cases where the change is necessary for the purpose of the contract as known to the photographer.

2.4 The license for use will only be valid upon full payment of the agreed recording and usage fee and will only be deemed to have been granted if the manufacturer is properly named/referred to [see sub-paragraph 2.2 above].

2.5 In case of publication, two free specimen copies must be sent. In the case of expensive products [art books, video cassettes] the number of specimen copies is reduced to one piece. When publishing on the Internet, the photographer must be provided with the web address.

III. Ownership of films – archiving

3.1.1 Analogue photography

The photographer is the owner of the exposed film material [negatives, slides, etc.]. In return or an agreed and appropriate fee, the photographer will transfer ownership of the photographs required for the agreed use to the dient. The photographs supplied remain the property of the photographer until full payment of the purchase price. Slides will only be made available to the to the dient on loan, subject to being returned after use at the risk and expense of to the dient, unless otherwise agreed in writing; negatives will only be made available if there is a written agreement.

3.1.2 Digital photography/videography

The photographer retains ownership of the image files. A right to a transfer of digital image files only exists if there is an express written agreement and, unless otherwise agreed, only applies to a selection, rather than all, of the image files produced by the photographer. In any case, the usage license shall only be deemed to have been granted within the scope of sub-paragraph 2.1.

3.2 The reproduction or distribution of photographs in online databases, in electronic archives, in the Internet or in intranets not intended for exclusively internal use by the dient, on floppy disks, CD-ROMs or similar data carriers is only permitted on the basis of a special agreement between the photographer and the dient. This will not, however, affect the right to a security backup.

3.3 Without being legally obliged to do so, the photographer will archive the photograph/video for a period of one year. In the event of loss or damage, the dient will not be entitled to any claims.

IV. ldentification

4.1 The photographer is entitled to label the photographs as well as the digital image files in any way he deems suitable [including on the front] with his manufacturer’s designation. The other party shall be obliged to ensure that the integrity of the manufacturer’s designation is preserved, particularly if it is passed on to third parties [printers, etc.]. lf necessary, the manufacturer’s designation must be attached or renewed. This shall apply, in particular, to all means of reproduction created during production or when making copies of digital image files.

4.2 The other party shall be obliged to save digital photos in such a way that the manufacturer’s designation remains electronically linked to the images, so that it is retained in any type of data transmission and the photographer as the author of the images can be dearly and unambiguously identified.

V. Secondary obligations

5.1 The dient must ensure that any necessary third-party usage permits are obtained and that people have given their consent to the use of their images. lt must indemnify the photographer and hold him harmless in this regard, particularly with regard to daims based on the right to one’s own image pursuant to sec. 78 of the Copyright Act, as well as with regard to usage daims pursuant to sec. 1041 of the Austrian Civil Code [Al/gemeines Bürgerliches Gesetzbuch, ABGB). The photographer guarantees the consent of authorised persons only in cases where an express written promise to this effect has been given and only for the contractual purposes [sub-paragraph 2.1].

5.2 lf the clent instructs the photographer to process third-party photographs electronically, the client hereby affirms that he is entitled to do so and releases the photographer from all third-party daims based on a breach of this obligation.

5.3 The dient undertakes to retrieve any objects to be photographed immediately after the photograph has been taken. lf such objects are not retrieved within two working days after the party has been requested to do so, the photographer is entitled to charge storage costs or to have the objects stored at the dient’s expense. In such a case, transport and storage costs must be borne by the dient.

VI. Lass and damage

6.1. In the event of loss or damage to photographs made on order [slides, negative material, digital image files], the photographer will only be liable – regardless of the legal ground invoked – for willful intent and gross negligence. Liability will be limited to his own fault and that of his employees; liability for third parties [laboratories etc.] on the part of the photographer will be limited to intent and gross negligence in the selection of the third party in question. Any liability will be limited to the material costs and to free-of-charge taking of new photographs [if and to the extent this is possible]. The dient is not entitled to any further claims; in particular, the photographer accepts no liability for any travel and accommodation expenses or for third-party costs [models, assistants, make-up artists and other staff required for the session] or for lost profits, consequential and im material damage. There will be no claims for compensation unless the injured party is able to prove gross negligence. Claims for compensation expire within 3 months after the damage and the damaging party have become known, but in any case within 10 years after the date of performance or delivery.

6.2 Sub-paragraph 6.1 shall apply, mutatis mutandis, in the event of the loss or damage of templates [films, layouts, display pieces, other templates, etc.], products and props that have been handed over. ltems of value must be insured by the dient.

VII. Early termination

The photographer is entitled to terminate the contract with immediate effect for cause. The existence of cause shall be assumed, in particular, in cases where bankruptcy or settlement proceedings are instituted with respect to the assets of the dient or a petition in bankruptcy is dismissed due to insufficient assets to cover the costs of the proceedings, if the dient suspends payments or if there are legitimate concerns regarding the dient‘ s creditworthiness and the latter fails to provide an advance payment or suitable security at the photographer’s request, or if the performance of the service is impossible for reasons attributable to the dient or is further delayed despite the setting of a 14-day grace period, or if the contractual partner, despite a written warning and the granting of a grace period of 14 days, continues to violate essential obligations from the contract, such as the payment of accelerated partial amounts due or obligations to cooperate.

VIII. Performance and warranties

8.1 The photographer will carefully execute the order placed. He may also have the order carried out – entirely or in part – by third parties. In the absence of written instructions from the dient, the photographer will be free to decide how to carry out the order. This applies particularly to the composition of the image, the selection of photographic models, the location and the photographic means used. Differences by comparison with earlier deliveries do not, as such, constitute a defect.

8.2 There will be no liability for defects that can be traced back to incorrect or inaccurate instructions from the clent [sec. 1168a of the Austrian Civil Code [Al/gemeines Bürgerliches Gesetzbuch, ABGB)]. In any case, the photographer will only be liable for willful intent and gross negligence.

8.3 The dient bears the risk for all circumstances not attributable to the photographer himself, such as weather conditions during outdoor shoots, timely provision of products and props, failure to appear of models, travel hindrances, etc.

8.4 Shipments travel at the expense and risk of the client.

8.5 The photographer reserves the right – except in those cases in which the client is legally entitled to demand conversion [Wandlung) – to meet the warranty claim either by providing improvement, by replacement or by price reduction, as his own discretion. In such cases, the dient must always prove that the defect already existed at the time of delivery. The goods must be examined immediately after delivery. Any defects found must be reported to the photographer in writing immediately, within no more than 8 days of delivery, stating the type and scope of the defect. Hidden defects must be reported immediately after their discovery. lf a defect is not notified, or not notified in good time, the goods will be considered to have been approved. The right to assert warranty claims or claims for damages, including claims for consequential damage caused by defects, as well as the right of avoidance on the ground of errors in the case of defects are excluded in these cases. The warranty period is 3 months.

8.6 There is no liability for minor defects. Differences in colour when re-ordering are not considered a significant defect. Sub-paragraph 6.1 applies mutatis mutandis.

8.7 Liability for compliance with fixed order dates will only be accepted if the dates in question have been expressly agreed in writing. In the event of delays in delivery, 6.1 will apply mutatis mutandis.

8.8 Minor delays in delivery beyond the agreed deadlines must be accepted; the dient will not be entitled to claims for damages or a right of withdrawal in such cases.

8.9 Any authorisations for use by the photographer do not indude the public performance of audio works in any media.

IX. Remuneration/ fee

9.1 In the absence of an express written agreement, the photographer is entitled to remuneration [fees] in accordance with his currently valid price lists, or, if no such lists are available, to an appropriate fee.

9.2 The fee is also due for layout or presentation photographs, as well as in cases where the pictures are not used or where their use depends on the decision of a third party. In such cases, no reductions of the fee for taking the photographs will be granted.

9.3 All material and other costs [props, products, models, travel costs, accommodation expenses, make-up artists, etc.], even if they are procured by the photographer, must be paid for separately.

9.4 Changes requested by the dient in the course of the work will be made at the expense of the client.

9.5 Conceptual services [advice, layout, other graphic services, etc.] are not induded in the fee for taking the photographs. The same applies to any above-average organisational expenses or expenses for meetings and discussions.

9.6 lf the clients fails to carry out the order for reasons that lie within his own sphere of influence, the photographer shall, in the absence of any other agreement, be entitled to the agreed fee. In the event of unavoidable changes of date [e.g. due to weather conditionsl, a fee corresponding to the time spent or reserved in vain, as well as all ancillary costs, must be paid.

9.7 The net fee does not indude sales tax at the respective statutory rate.

9.8 The client waives the option of offsetting.

X. Licence fee

Unless otherwise expressly agreed in writing, the photographer is entitled to a separate fee, in the agreed or appropriate amount, for granting a licence to use the work,

XI. Payment

11.1 In the absence of other express written agreements, a payment on account of 50% of the expected invoice amount must be made when the order is placed. Unless otherwise expressly agreed in writing, the remaining fee – if it can be determined by the dient – will be due for payment after completion of the work; otherwise, payment must be made immediately after invoicing in cash. The invoices are payable without any deduction and free of expenses. In the

14.1 The place of fulfillment and jurisdiction is the photographer’s company headquarters. In the event of a relocation of the photographer’s company headquarters, complaints may be filed before the courts at both the former and the new location of the company headquarters.

14.2 Any recourse claims that the dient or third parties may direct against the photographer based on product liability as defined by the Austrian Product Liability Act [Produkthaftungsgesetz,PHG) shall be excluded, unless the person entitled to recourse is able to prove that the mistake has been caused within the photographer’s sphere of influence and was at least due to gross negligence. In all other respects, Austrian substantive law shall apply. The application of UN sales law is excluded. The language of the contract is English.

14.3 These general terms and conditions also apply, mutatis mutandis, to film works or movingimages produced by photographers to order, regardless of the process and technology

used [film, video, etc.].