Terms & Conditions

These General Terms and Conditions (Allgemeine Geschäftsbedingungen, AGB) apply to all contracts between WELO MEDIA STUDIOS S.R.L. (hereinafter the “Photographer”), represented by Alexandru-Sebastian Bogdan, and the client (hereinafter the “Client”) in connection with photography services provided under the brand “Aktfotograf Wien”.

Deviating terms and conditions of the Client are not recognised unless the Photographer expressly agrees to their application in writing.

Offers made by the Photographer are subject to change and non-binding. A contract is concluded only upon written order confirmation (including by e-mail) or upon performance of the service.

By making a booking, the Client accepts these AGB in full.

The Photographer determines the selection of images, the editing style and the artistic execution at his own professional discretion. No guarantee is given for particular poses, expressions or a minimum number of images unless expressly agreed in writing.

The Photographer may, where necessary, engage third parties (e.g. assistants, make-up artists) for support.

The prices agreed at the time of booking apply. All prices include statutory value added tax (Umsatzsteuer), where applicable.

No deposit: No deposit is payable to reserve an appointment. Booking is free of charge for you.

Due date: The fee is due after the shooting. The edited images are delivered after payment has been received in full.

Travel costs: Shootings within Vienna are included in the prices. For shootings outside Vienna, travel costs of 0,42 €/km are charged.

Late payment: In the event of late payment, default interest of 9.2 percentage points above the base rate (Basiszinssatz) is charged. In addition, reasonable reminder costs and debt collection costs may be invoiced.

Right of withdrawal (Rücktrittsrecht) for consumers (Distance and Off-Premises Transactions Act, Fern- und Auswärtsgeschäfte-Gesetz, FAGG): If the contract is concluded by distance communication — for example via the contact or booking form on this website, by e-mail, telephone or messenger — you as a consumer have a right of withdrawal (Rücktrittsrecht) of 14 days from conclusion of the contract. You do not have to give reasons for the withdrawal.

Exercise: The withdrawal must be declared by an unambiguous statement — an informal e-mail to info@aktfotograf-wien.at is sufficient. Sending the statement in good time is enough to meet the deadline. You may use the following template for this purpose, but are not obliged to do so:

“I hereby withdraw from the contract concluded by me for the provision of the following service: [shooting/package]. Ordered on: [date]. Name: [name]. Address: [address]. Date: [date].”

Consequences of withdrawal: Payments already made are refunded in full without undue delay, at the latest within 14 days of receipt of the declaration of withdrawal.

Early commencement of the service: If, at your express request, the shooting is to take place within the withdrawal period, please tell us so expressly. If you subsequently withdraw, an amount corresponding to the portion of the service already provided must be paid.

Exception pursuant to § 18 para 1 no 10 FAGG: For contracts on services in connection with leisure activities for which a specific date or time has been agreed, there is no right of withdrawal. Accordingly, only the cancellation conditions set out below apply to shootings booked for a fixed date. We expressly point this out to you before the appointment is fixed.

As no deposit is paid, any cancellation fee is invoiced after the cancellation. The following conditions apply to the cancellation of a booked shooting:

• More than 14 days before the appointment: free cancellation
• 7–14 days before the appointment: 50 % of the total amount
• Less than 7 days before the appointment or non-attendance: 100 % of the total amount

The Photographer reserves the right to postpone an appointment in the event of force majeure, illness or unforeseeable circumstances. In such a case, an alternative appointment will be offered.

The copyright (Urheberrecht) in all photographs created remains exclusively with Alexandru-Sebastian Bogdan and WELO MEDIA STUDIOS S.R.L. The delivery of photographs does not constitute a transfer of copyright. A transfer of copyright — in whole or in part — takes place exclusively by way of a separate written agreement.

Use permitted to the Client: Upon delivery, the Client receives a simple (non-exclusive), non-transferable right of use for the contractually agreed purposes. Permitted purposes of use include — unless otherwise agreed:

• Personal, private use
• Own website and own social media profiles
• Internal materials (non-commercial)

Use prohibited without a separate licence:

• Commercial advertising and marketing
• Distorting editing or publication in a context that distorts the meaning
• Use for the training of artificial intelligence (KI/AI)
• Trade mark registration or use as a trade mark
• Resale, sub-licensing or transfer to third parties

Your own adjustments for private use — such as cropping or filters for a social media format — are expressly permitted.

Rights of the Photographer: The Photographer and WELO MEDIA STUDIOS S.R.L. are entitled to use the photographs created for their own reference purposes — namely portfolio, website, social media and exhibitions. This entitlement exists exclusively for images for which a signed declaration of consent (model release) is on file, and exclusively within the scope declared therein. There is no resale, no licensing to third parties and no transfer for the advertising purposes of third parties.

Precedence of section 07: For boudoir and nude photography, section 07 of these AGB takes precedence. If no signed model release is on file, no use whatsoever is made by the Photographer — neither for portfolio and website nor for social media or exhibitions. In case of doubt, the interpretation more favourable to the client prevails.

Attribution: In the case of public, non-private publication of the photos — for example on a company website or in editorial media — the Photographer must be named as the author (“Photo: Alexandru Bogdan”). For private use, including private social media profiles, there is no obligation to provide attribution or a link. The client is at no time obliged to make her participation in a boudoir or nude shooting publicly identifiable.

The following additional provisions apply in the field of boudoir and nude photography:

Model release: Photographs are published on the website, on social media or on other publicly accessible channels exclusively after a written declaration of consent (model release) has been signed.

Confidentiality: Without a signed consent, no identifiable images are published or made accessible to third parties. The Photographer undertakes to observe the strictest confidentiality.

Revocation: Consent to publication may be revoked in writing at any time; the revocation takes effect for the future. Channels operated by us ourselves are cleaned up within a reasonable period. There is no influence over reproductions already made by third parties, over search engine caches, archiving services or printed materials; no liability is accepted for these. Expenses already incurred remain unaffected.

Storage: Images are stored on encrypted storage media. Storage in publicly accessible cloud folders does not take place. Where third parties are engaged for the fulfilment of the order (section 03), they are contractually bound to secrecy.

Deletion: Your data protection rights, in particular the right to erasure pursuant to Art. 17 GDPR (DSGVO), are governed by the privacy policy (Datenschutzerklärung). No contractual promise of deletion going beyond this is given. Excluded from deletion are data and images whose further retention is necessary for compliance with legal obligations or for the establishment, exercise or defence of legal claims (Art. 17 para. 3 GDPR/DSGVO).

Delivery takes place digitally via a download link intended exclusively for you and not publicly discoverable (Dropbox or WeTransfer) within 5–10 business days after the shooting (depending on the package booked). The link is not published and cannot be indexed by search engines.

Availability of the link: The download link is valid for at least 30 days from the time it is provided. After that it expires. A subsequent re-delivery may involve additional costs. We expressly recommend downloading the images within this period and backing them up locally.

RAW files: The release of unedited RAW files is excluded unless expressly agreed in writing and separately remunerated.

The Photographer’s liability is limited to the value of the contract. Excluded in particular are:

• Data loss after delivery has taken place
• Damage caused by weather conditions during outdoor shootings
• Acts of third parties (e.g. location problems, late arrival of make-up artists)
• Abusive use of the delivered images by the Client

Claims arising from intent and gross negligence as well as personal injury remain unaffected.

The Client is obliged to arrive punctually for the agreed appointment and to make the preparations required for the shooting (e.g. outfits, accessories).

For outdoor shootings, the Client is responsible for obtaining any permits required for the chosen location, unless otherwise agreed.

Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Vienna, Austria.

Should individual provisions of these AGB be or become invalid, the validity of the remaining provisions remains unaffected.

Amendments and additions to these AGB must be made in writing. There are no verbal side agreements.

The Photographer reserves the right to update these AGB at any time. The version valid at the time of booking applies.

If you have any questions about these AGB, please contact: info@aktfotograf-wien.at