Space for Self-Portraiture
General Terms and Conditions of Monochrome Me GmbH
(1) The following General Terms and Conditions (GTC) apply to all contracts/bookings/orders with Monochrome Me GmbH (hereinafter referred to as MM), as well as its affiliated companies and/or entities associated with MM (hereinafter collectively referred to as “MM” or “we/us”) and their business activities. Your contractual partner for all bookings, orders, and assignments within the framework of business relations, the booking and use of our studios, premises, provided equipment, and other services is MM.
All business relationships between us and our customers are based on the following General Terms and Conditions.
Conflicting or deviating terms and conditions of a contractual partner or customer are binding only if we have acknowledged them in writing.
(2) The primary scope of MM’s services and offerings is the provision of studio space, equipment, and other services for the purpose of customers creating their own photographs, i.e., self-made photographs without the assistance of a photographer (self-portraits).
These are self-photographed and self-arranged photographs. Photos or self-portraits within the meaning of these GTC include all products created or offered in MM’s photo studio, regardless of the technical form or medium in which they were created or are available (e.g., files, negatives, slides, printed photos, data carriers, videos, etc.). The key factor is that the products (photos) are not created by MM but exclusively by the customers themselves according to their own concepts and arrangements.
In addition to these GTC, the currently posted performance catalogues, specific usage instructions, and up-to-date price lists issued by MM apply in their latest valid version, which the customer has acknowledged and accepted.
(3) For contracts regarding the creation of photographs/self-portraits, the customer confirms that they and, in particular, the person(s) to be self-portrayed are at least 18 years old and legally competent under applicable laws. If this is not the case, the written consent of the legal representative(s) must be provided.
(4) The use of MM’s equipment and studios (premises) may be for private or commercial purposes. Regardless of the purpose, the provider’s GTC in their current version apply exclusively unless explicitly agreed otherwise.
(5) The EU Commission’s platform for online dispute resolution can be found [HERE].
We are not obligated to participate in dispute resolution procedures before a consumer arbitration board.
(6) To reserve an appointment, a deposit equal to the full order amount is required unless otherwise agreed. This ensures that the photo studio, including its equipment, is firmly and effectively reserved. The booking is considered valid and binding once the deposit has been received in MM’s account. If the appointment is cancelled at least 24 hours before it begins, the deposit will be refunded in full within 10 business days. Otherwise, we reserve the right to retain the deposit to cover any incurred costs.
Compensation and Retention of Ownership
(1) For contracts regarding the use of our photo studio and equipment for the creation of photographs (self-portraits), the agreed fee at the time of booking is calculated as an hourly rate, daily rate, or a fixed flat fee, plus the applicable statutory value-added tax (see website). Any additional costs incurred (e.g., travel expenses, clothing, fees, allowances, props, laboratory and material costs, studio rentals, etc.) must be borne by the customer.
(2) If the scheduled and booked time for the session to create self-portraits (45 minutes) is exceeded for reasons not attributable to MM, the fee for MM increases accordingly, if a flat rate was agreed upon. The rates and conditions outlined on the website apply, which the customer has explicitly acknowledged, understood, and accepted. This does not affect the right to claim damages.
(3) Payment of the rental fee (usage fee) is generally due immediately upon conclusion of the contract, but no later than immediately before the photo session. Until the purchase price is paid in full, the self-created photos remain the property of MM. The customer will receive all photographs they have created at the end of the photo session, either as files handed over or sent via download, depending on the agreed-upon data carrier or method of data transfer.
Booking Cancellation
(1) If a booked appointment (regardless of the medium through which it was booked) cannot be attended, it must be cancelled at least 24 hours in advance with MM. Cancellations can also be made orally.
(2) The refund of the deposit or base fee (see item 6 under “General”) will be transferred to the customer’s account upon presentation of proof of payment.
(3) If the appointment is not cancelled within the deadline, there is no entitlement to a refund of the deposit or base fee already paid.
(4) Customers are permitted to have the agreed-upon appointment attended by other individuals in case they are unable to attend.
Warranty for Material Defects
(1) MM is liable for proven material defects within the business premises (studio) and for the equipment used, as well as the materials used, in accordance with the applicable statutory provisions, particularly §§ 434 et seq. of the German Civil Code (BGB).
(2) If the customer has not provided MM with explicit instructions or preferences regarding the design of the self-portraits, auxiliary items (background objects), or technical equipment, complaints regarding image design or artistic and technical execution are excluded.
If customers request changes, additional image objects, or a repetition of the session during or after the production of the recordings, they must bear the additional costs.
Liability
(1) MM undertakes to prepare and provide the studio and equipment with the utmost care, in technically flawless condition, and up to modern standards. The photos (self-portraits) created by the customers themselves will be sent or handed over by MM in the form of a download link (file) either on the same day or the following day after the photoshoot. Customers' claims for damages in connection with the use of MM's services, particularly the use of the studio or photo equipment, are excluded. Exceptions to this exclusion are claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from intentional or grossly negligent breaches of duty by MM, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, MM is liable only for willful misconduct and negligence for the foreseeable, typical damages under the contract if the breach was caused by simple negligence, unless the claims for damages arise from injury to life, body, or health.
Liability for the complete or partial cancellation of booked appointments due to unforeseen technical circumstances (e.g., equipment defects, power outages) is limited to either a refund of the fees paid or the free scheduling of a new appointment.
(3) The limitations outlined in paragraphs (1) and (2) also apply to the benefit of MM's legal representatives and vicarious agents (employees, staff) if claims are made directly against them.
Customers and any accompanying persons are fully liable for any negligent or intentional damage to the studio and equipment. They are legally responsible for ensuring that the self-portraits they create do not violate applicable laws. MM assumes no liability for any legal violations committed by customers.
The customer confirms that they will treat the photo studio, its furnishings, and all equipment with the utmost care and that they will not be under the influence of alcohol or drugs during the photo session (before or after the session).
(4) The provisions of the Product Liability Act remain unaffected.
Ancillary Obligations
(1) The customer assures that they possess the necessary copyright and trademark rights for all images, objects, etc., depicted while using MM's services, and, in the case of portraits of individuals, that they have obtained the consent of the depicted persons for publication, reproduction, and distribution.
The customer alone is liable for any claims for damages by third parties arising from a breach of this obligation. The customer is obligated to indemnify MM against all legitimate claims by third parties that are asserted due to the violation of their rights as a result of the editing, reproduction, or use of the transferred image files in accordance with the agreed order. The customer further assures that the content of the transmitted image files does not violate applicable prohibitive norms, particularly the regulations concerning the distribution of child pornography (§§ 184 ff. StGB). If MM becomes aware of any violations of this assurance, MM will immediately notify the competent law enforcement authorities.
(2) The customer agrees to retrieve brought along props (objects for the photoshoot) promptly after the photoshoot. If the customer fails to collect the props within two working days of being requested to do so, MM reserves the right to charge storage fees or to remove the items from its studio premises at the customer’s expense in the event of space constraints. Transportation and storage costs shall be borne by the customer.
(3) MM guarantees the utmost care, security, and confidentiality in the use and storage of customer data. In the event of data loss or other damage caused by MM's or its employees' negligence that leads to the damage or loss of photos, MM will offer a replacement photoshoot at no cost that is mutually agreeable to both parties.
Customer data or files remaining with MM from the self-portraits taken at MM will typically be completely deleted 14 days after the photoshoot. If the customer has not yet downloaded the file, the data may be retained for a longer period based on need and mutual agreement. MM will remind the customer to download the data if necessary.
Copyright
(1) The customer holds the copyright to their photographs (self-portraits) in accordance with the provisions of the German Copyright Act.
(2) Upon receiving the photographs created at MM in file format, the customer becomes the owner of all rights to the photos they have created.
(3) MM has no right to be credited when the customer uses the photographs. MM consents to optional attribution and regards it as a sign of customer satisfaction.
Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the customer has their habitual residence remain unaffected.
(2) If the customer has no general place of jurisdiction in Germany, has relocated their residence abroad after the conclusion of the contract, their residence is unknown at the time of filing suit, or the customer is a merchant acting in this capacity, the place of jurisdiction for all disputes is MM's business headquarters in Berlin.
(3) Should individual provisions of this contract, including these General Terms and Conditions, be entirely or partially invalid, the invalid clause shall be replaced by a provision that most closely aligns with the intended purpose of the contract.
Consent to Data Collection and Use
(1) Monochrome Me GmbH collects, processes, and uses personal data from this contract solely for the purposes of contract execution, customer service, analysis and its own promotional activities. This includes data provided by the customer during the order process, such as (company) name, contact person, address, phone number, email address, or bank details.
(2) The processing of data collected in the context of the respective purchase agreement complies with the GDPR and other applicable data protection laws. Data processing is based on Article 6(1)(a) and Article 6(1)(b) GDPR and serves only the aforementioned purposes of contract execution, customer service, analysis and promotional activities.
Detailed Information on Data Processing
(1) Comprehensive details on how we collect, process, and use our customers' personal data can be found in our Privacy Policy. This includes information on the purposes, legal basis, and recipients of the data, as well as the rights of the data subjects.
(2) The Privacy Policy is accessible at any time on our website and can also be provided to customers in written form upon request.
German Text Prevails in Case of Doubt
These General Terms and Conditions and this text are governed by German law and shall be interpreted according to German legal understanding. They are provided in both German and English. In the event of discrepancies between the German and English versions, the German version shall prevail.
Prepared by Attorney Steffen Weihe, Berlin, May 2024