General Terms and Conditions (AGB)

Art Mind Global LLC
3833 Powerline Rd, Suite 201
Fort Lauderdale, FL, US 33309
Email: denis@maxlibertine.com

1. Applicability of Terms

1.1. All photography productions and the granting of image licenses are exclusively based on these General Terms and Conditions. These terms also apply to all future production and license agreements unless expressly agreed otherwise in writing.

1.2. Any terms and conditions provided by the client that deviate from these terms will not be recognized. Such deviations will not form part of the contract even if the photographer does not explicitly object to them.

2. Production Orders

2.1. Cost estimates provided by the photographer are non-binding. The photographer is required to notify the client only if the total cost is expected to exceed the original estimate by more than 15%.

2.2. For images of individuals or objects subject to third-party rights (e.g., copyrights, property rights), the client must obtain all necessary permissions for the production and use of the images. The client indemnifies the photographer against any third-party claims arising from a failure to secure such permissions, unless the client proves they were not at fault.

2.3. If third-party services are required to fulfill the order (e.g., hiring models, renting equipment), the photographer is authorized to engage such services on behalf of and at the expense of the client.

2.4. The photographer selects the images to present to the client for approval after production. Usage rights are only granted for approved images and only after full payment (see Section 3.4).

2.5. The client must review the delivered images and notify the photographer of any defects within two weeks of delivery for apparent defects and within two weeks of discovery for hidden defects. Failure to do so will result in the images being deemed accepted.

3. Online Orders for Print Products

3.1. Orders can only be placed by individuals or entities with full legal capacity. Clients must provide complete and accurate registration details, including name, address (no P.O. boxes), valid email, and any applicable tax identification numbers.

3.2. Upon request, we produce physical prints or reproductions of digital images on selected materials with optional framing or mounting, based on client specifications.

3.3. Product representations in the online store are non-binding. The order becomes legally binding when the client submits the order by clicking “Purchase Now.” An order confirmation email with the contract details will be sent immediately afterward.

3.4. Customized products are excluded from the right of withdrawal under applicable consumer protection laws, as they are made to the client's specifications.

4. Production Fees and Expenses

4.1. If the time allotted for the photo shoot is significantly exceeded for reasons beyond the photographer’s control, the agreed-upon fee may increase accordingly.

4.2. The client is responsible for additional expenses incurred during the execution of the order (e.g., travel expenses, equipment costs).

4.3. The production fee is due upon delivery of the images. Rights to use the images are only granted upon full payment of all fees and expenses.

5. Usage Rights

5.1. The client acquires usage rights only for the agreed-upon purpose and scope. Ownership of the images remains with the photographer.

5.2. The transfer or sublicensing of usage rights to third parties requires prior written approval from the photographer.

5.3. Any modifications, alterations, or partial reproductions of the images require the photographer’s prior consent, except for minor corrections (e.g., removal of blemishes).

5.4. The photographer must always be credited as the author of the images. Failure to do so may result in penalties (see Section 9.7).

6. Digital Image Processing

6.1. Digital archiving of the images is permitted only for the client’s use and for the duration of the usage rights.

6.2. The client must ensure that the photographer’s name is electronically linked to the image files and visible during any public use of the images.

7. Liability and Damages

7.1. The photographer is only liable for damages caused intentionally or through gross negligence, except in cases of personal injury or other mandatory legal obligations.

7.2. The photographer is not liable for legal compliance regarding the use of the images, including but not limited to trademark or copyright issues.

7.3. Claims for damages against the photographer expire one year after the legal claim arises, except in cases of intentional misconduct or personal injury.

8. Governing Law and Jurisdiction

8.1. These terms are governed by the laws of the State of Florida, USA, excluding conflict-of-law provisions.

8.2. Any disputes arising from these terms shall be exclusively resolved in the courts of Fort Lauderdale, Florida, unless another jurisdiction is required by mandatory consumer protection laws.