PHOTO OF MY LIFE

TERMS

Preamble

Photo of my Life (hereinafter referred to as “POML”) operates a network comprised of independent photographers located all around the world. Through POML’s website, customers are able to book one of these photographers for a photo shooting in a holiday destination. POML organizes and arranges the placement of a local photographer, undertakes the organization of the photo shooting and the payment processing. POML additionally offers to transmit the photos from the photographer to the customer through its platform. Thus you can easily book a professional photo shooting at your holiday destination in advance and from home.

 

1.  Description of Services

1.1. Offered Services for Customers

Customers can book different time packages for a photo shooting at their holiday destination through POML’s website. The offered time packages include the organization and the execution of the photo shooting, the subsequent editing and processing of the included photographs, as well as the provision of a download option for the the photographs. Additionally, POM offers its customers the opportunity to order prints of their photos, that are then manufactured and dispatched by POML.

 

1.2. Offered Services for Photographers

Photographers from all around the world can register themselves and apply for POML’s network through POML’s website. Based upon its own quality standards POML decides if a photographer gets accepted into the POML network. Only photographers who suffice POML’s quality standards are admitted to the network. When customers request a photo shooting through POML’s website, POML selects a local photographer and books them for the photo shooting with the customer. The photographer’s remuneration depends on the time package in accordance with the commission overview. POML’s services are free for photographers.

 

1.3. General

All prices that are displayed on POML’s website are shown either in Euro (€). The minimum age for the usage of POML’s services is 18 years.

 

2.  Booking a Service / Concluding the Contract

2.1. Conclusion of the Contract with the Customer

The customer books a photo shooting through POML’s website using their personal details, their holiday destination, as well as the day and during what time frame they would like to have the shooting. The customer must also select a time package for the photo shooting. The available packages cover 15 min., 30 min.  and 60 min. By doing the above, the customer makes a binding offer. The customer receives an automatically generated confirmation of his request. This confirmation does not represent an acceptance of the customer’s offer. The confirmation is merely a confirmation for the receiving of the customer’s offer. POML selects a photographer for the photo shooting. The customer may also suggest their desired location for the photo shooting. In this case, POML then suggests a meeting point within a 1km radius of the desired location. Within 24 hours after the customer has made their binding offer, they receive either a binding acceptance or a declination of their offer by POML. By the mailing of the booking acceptance confirmation, which includes the date and meeting point for the photo shooting, POML bindingly accepts the customer’s offer and transmits the payment data (PayPal) to the customer. The booking fee is due and payable as soon as the customer has received POML’s acceptance of their offer.

 

2.2. Conclusion of the Contract with the Photographer

For every customer offer, POML sends an eligible photographer from its POML network a request for the photo shooting. The requested photographer has a set time frame to display their availability for the photo shooting and to suggest a meeting point with the customer or if applicable, to confirm the customer’s desired location. By doing this, the photographer submits a legally binding offer. The photographer, who has submitted offers and desire to carry out the photo shooting with the customer, POML selects the photographer and books them for the photo shooting by accepting their legally binding offer. By accepting a photographer’s offer, POML transmits the customer’s contact details, as well as a personalised access code for the upload of the photos to POML’s platform. After the photo shooting has been executed, the photographer receives the agreed remuneration credited to their account. From there, the photographer may transfer the money to their own bank account.

 

3.  Withdrawal / Cancelation

3.1. Cancelation of the Contract by the Customer

The customer may cancel his booked shooting up to 3 days before the photo shooting. If a customer cancels the photo shooting prior to 3 days before the photo shooting, they receive 90% of the paid booking price as a refund. POML keeps 10% of the booking fee for the placement related work, that has already been carried out. In case the customer cancels his booking within 3 days before the photo shooting, a refund is no longer possible. The photographer then receives their cancellation fee. It is the responsibility of the customer to prove, that the damage caused to POML, did not occur at all or that it was significantly smaller, so that the loss incurred is significantly less than the fixed cancellation fees. In case the customer wants to rescedule a photshoot a fee of 25,- EUR will be charged.

 

3.2. Absence of the Photographer

In case the photographer becomes unavailable upon short notice before the shooting, POML will strive to offer a replacement photographer to the customer. If this is not possible, POML reserves the right to withdraw from the contract. In this case, the customer receives a full refund of the booking fee. In case of an absence of the photographer, the POML account of that photographer will be charged with a general compensation amounting to 10 % of the booking fee of the customer.

 

4.  The Photo Shooting

4.1. Procedure

24 hours prior to the photo shooting the customer and the photographer receive the contact details of one another (name, telephone number, e-mail address), as well as the agreed location by e-mail. The customer and the photographer shall meet at the agreed meeting point at the agreed meeting time. POML advises the customer to arrive at the meeting point at least 15 minutes prior to the photo shooting. If the customer or the photographer are, for any reason whatsoever, unable to “find” each other at the meeting point, they shall contact the other party via telephone. The photo shooting is independent of the weather and will take place even in case of bad weather.

The duration of the photo shooting complies with the time package booked by the customer. If the customer is late, the time does not extend automatically. There is no refund for the time that has been lost caused by the customer’s delay. If the customer is not present at the agreed meeting point 10 min. after the agreed meeting time and has not contacted the photographer via telephone, the photographer must inform POML via telephone (Phone: +49 - 69 71 7887) or via e-mail to: info@photo-of-my-life.com. The photographer will receive their agreed remuneration and may leave. In this case the photo shooting is cancelled. In case the photographer is late, the time of the photo shooting is automatically extended accordingly. In case the photographer is not present at the agreed meeting point 10 min. after the agreed meeting time, the customer may cancel the photo shooting. In this case, the customer must inform POML by calling them (Phone: +49 - 69 71 7887) or by sending an email to info@photo-of-my-life.com immediately. The customer then receives a full refund of the booking fee.

 

4.2. Duties of the Customer

The customer is responsible to state their correct contact details (e-mail address, telephone number, etc.) when booking the photo shooting and to be available through these on the day of the photo shooting.

 

4.3. Duties of the Photographer

The photographer must choose a location, that is easy to find for locals or people who are familiar with the place. The photographer ensures that no permit or entrance fee is necessary for the location of the photo shooting. In case the photo shooting is cancelled due to the photographer’s delay, the photographer’s POML account will be charged with the agreed compensation fee.

 

4.4. Extension of the Photo Shooting

In case the customer or the photographer wish to extend the photo shooting spontaneously, POML must be notified by the customer and the photographer subsequently to the photo shooting via email to info@photo-of-my-life.com. For an extension of 30 min. of the photo shooting, 150 € are charged. The customer will receive a separate bill for the extension of the photo shooting. These photos will only be available to the customer after the due amount has been paid. The photographer’s remuneration will be adjusted in accordance with the commission overview and credited to their account.

 

5.  Transfer of Photographs to the Customer

5.1. Selection and Upload

The photographer chooses a selection of all usable photos from the photo shooting. The number of photos that are included in the booked package are then edited by the photographer in POML’s style and uploaded to POML’s platform. The customer can gain an impression of POML’s editing style by looking at the photos displayed on POML’S website, Facebook page or Blog. The number of photographs may be reduced if the photo shooting was shortened due to the customer’s delay. In case of an extension of the photo shooting the number of photos may be increased accordingly.

 

5.2. Download/Prints

Within 4 days after the photo shooting, the customer receives an access code from POML by e-mail. The customer can then use that access code to download the photos from the photo shooting from POML’s website in full resolution and without watermarks. The photographs are made available as JPEG-files. RAW-files are not made available to the customer. The customer may also order fee-based prints of the photos through POML’s website. The prints are produced and dispatched by POML.

 

5.3. Storage Period

The photographs are saved on POML’s website for 6 months. Subsequently, the photos are deleted from POML’s server.

 

6.  Copyright/Image Rights/Rights of Use

6.1. Transfer of Rights by the Photographer

The photographer owns the copyright to the work he/she has produced. The photographer transfers the exclusive rights of use unrestricted in terms of time, place and content regarding the photographs he/she has produced during the photo shooting to POML. The photographer waives their right to the mention of his authorship regarding the photographs.

 

6.2. Transfer of Rights by the Customer

The customer obtains a simple usage right from POML for the photos they have received through POML’s platform. The photos are generally intended for private use only. The customer may use the photographs for private purposes and may publish them on a non-commercial basis (e.g. social media). If and when the customer publishes the photographs obtained from POML’s platform, they must specifically state POML as rights holder. This statement must be easily identifiable and including the note: “©Photo of my Life” or “#photoofmylife”. The customer is not permitted to edit the photos (e.g. turn them into black and white etc.) obtained from POML’s platform. In case no other agreements have been made, the customer has agreed to POML’s usage of the photos for their own advertising (e.g. on their website, blog, Facebook, Instagram, etc.).

 

7.  Payment of the Photographer

Every photographer owns an account on POML’s platform. The photographer uploads the photos from the photo shooting to this account by using the access code, that they have received from POML. The remuneration will be credited to the account within 24 hours after the successful upload of the photographs to the account and according to the commission overview. The photographer may transfer the credit of his account to his bank- or PayPal-account at any time. The VAT is included in the remuneration.

 

Commission overview:

Bronze: 5 photos - 15 minutes photo shoot:

Remuneration of the photographer: 50 €

 

Silver: 10 photos - 30 minutes photo shoot:

Remuneration of the photographer: 80 €

 

Gold: 20 photos - 60 minutes photo shoot:

Remuneration of the photographer: 125 €

 

8.  The Right of Revocation for Consumers

 

Cancellation Policy

 

Right of Revocation

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period lasts for fourteen days. It begins on the day when the contract is concluded.

In order to exercise your right of revocation, you must send a clear statement to POML via E-mail or via mail (Photo of my Life Services UG, Brandenburger Str. 64a, 61348 Bad Homburg, Phone: +49 - 69 71 7887, E-mail: info@photo-of-my-life.com) regarding your decision to revoke this contract. You may use the attached sample form. Dispatch within the applicable 14-day revocation period is sufficient.

 

Consequences of Withdrawal

In case you choose to withdraw from this contract, we shall pay you back all payment, that we have received from you excluding any additional costs that have arisen because you chose a different delivery type than our standard delivery, immediately within fourteen days after receiving your statement regarding your decision to exercise your right of revocation. For this repayment we will use the same means of payment, that you have used in the original transaction, unless something else was explicitly agreed upon with you. In any case you will not be charged with any amount due to the repayment. In case you have demanded that our services commence within the revocation period, you must pay us an adequate compensation, that covers the already performed services in relation to the overall scope of services (intended in the contract) until the point where we have received your notice regarding your withdrawal.

 

Exceptions of the Right of Revocation

The customer has no right of revocation when ordering prints of the photographs from POML, because the prints are manufactured based on customer specifications and the prints are specifically tailored to suit the customer’s needs and preferences. As far as the contract is directed towards the performance of services, the following specifications apply:

If POML commences with the performance of services before the revocation period has ended due to the customer’s specific request, the right of revocation expires as soon as the services have been fully performed by POML. POML is entitled to remuneration for the performed services up until the contract has been revoked by the customer. As far as the contract is directed towards the delivery of digital content, that is not on any physical tangible property, the right of revocation expires, if the customer has explicitly agreed to the fulfilment of contract prior to the end of the revocation period. By accepting these terms, the customer declares his knowledge of the loss of his right of revocation under the stated conditions. The right of revocation expires, if the customer acted in line of their industrial or independent professional activity.

 

Sample Form

If you want to withdraw from this contract please, fill out the following form and send it back to us.

 

To

Photo of my Life Services UG

Brandenburger Str. 64a

61348 Bad Homburg,

Phone: +49 - 69 71 7887

E-mail: info@photo-of-my-life.com

 

I/we hereby withdraw from the contract that I have concluded regarding the performance of the following services:

 

.............................................................................................................................

(Description of the service(s), if applicable the order nr. and the price)

 

Contract concluded on:

 

…………………………….

(Date)

 

Name and Address of the Consumer

 

…………………………….

 

…………………………….

 

…………………………….

(Date)

 

 

…………………………….

Customer Signiture

(only if the revocation is in written form)

 

 

9.  Other

9.1. Exclusion of Liability

POML is fully liable for intention and gross neligence. POML is only liable for slight negligence if the breach of an obligation affects an obligation that is essential to the fulfillment of the contract. The above limitation of liability also applies to the personal liability of employees and vicarious agents of POML. Liability for culpable loss of life, injury to the body or damage to health remains unaffected.

 

Due to the technical features of the internet, the carrier is unable to guarantee the constant availability of the website and is not liable for technical malfunctions, that are not caused within POML’s area of responsibility. POML is not liable for any damage caused by force majeure. POML is not liable for the loss of data on the transmission path outside of her domain. POML assumes no responsibility for the data’s security outside her domain. POML is only liable for the durability regarding the prints manufactured by POML in the scope of warranty service of the manufacturer of the photo material.

 

9.2. Copyright

All copyright and industrial property rights regarding POML’s website (and everything in connection to it) are protected by German law regarding intellectual property. All displayed logos, photos and graphics, as well as the source code of the offered services is copyrighted and are subject to the copyright of the corresponding licenser. They are not allowed to be copied, published or used in any other way without the permission of the rights holder.

 

9.3. Applicable Law and Jurisdiction

Regarding contracts between POML and commercial parties (traders, corporate bodies governed by public law or separate estates subject to public law) German law is applicable, if no deviating agreement have been made. In these cases the court of jurisdiction is Bad Homburg.

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