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Information regarding § 5 TMG:
 
CONTACT INFORMATION
Franziska Brodhun
Clemens-Schultz-Str 25, 20359 Hamburg, Germany
phone +49 176 807 689 84
hello@brodhun.com

 

TAX AND LEGAL INFORMATION

Tax ID: DE296483128 regarding § 27a UStG


Responsible for content as per § 55 Abs. 2 RStV:
Franziska Brodhun, address as above.


 ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), accessible here. We are not obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

​​COPYRIGHT AND IMAGE USAGE

CREDITS

WEBSITE

Web Design: Franziska Brodhun

Portrait of Franziska Brodhun: Kamil Rutkowski
Footer-Image and Photos for Banner Video: Vinnie Liazza

Banner Video: Created in Runway ML by Franziska Brodhun

 

PROJECTS

Bucht der Träumer

Photography: Franziska Brodhun, Sebastiaan Lefuce, Sarah Jansky, Ekvidi, Vinnie Liazza


1000 Gestalten

Photography: Paul Gregor, Andrea Rüster, Christian Angl, Julia Zenk

Budokon

Videography: Jivan Frenster

 

Hess Natur

Photography: Kamil Rutkowski, Alex Weber

 

Und Gretel

Photography: Teresa Horstmann

Hair and Make-Up Janina Zais

Styling: Hannah Godde

 

COPYRIGHT NOTICE

All rights reserved. All material on these pages is copyrighted, and its usage or reproduction requires written permission. We do not assume any liability for content on external linked websites.

IMAGE REFERENCING AND USAGE RIGHTS

License Requirements:
A license is always required for referencing images from this website, including for personal use. This ensures respect and legal adherence to copyright protections.

Credit Requirements:
When using references, you must clearly credit "Copyright by Franziska Brodhun" or the respective photographer, accompanied by a link back to this website. This requirement applies to both online and offline publications.

Commercial and Derivative Use:
For any commercial use or creation of derivative works, you must obtain a license or written permission directly from the artist or their agent. This ensures that all uses are legally sanctioned and align with professional standards.


IMAGE SHARING

Images from this website may be shared under the following conditions:

  • Credit Franziska Brodhun and the photographer (if not the artist).

  • Do not use images for commercial purposes or alter them in any way except for previews.

  • Do not incorporate images into artworks or designs without explicit written permission.

IMRPINT & COPYRIGHT

TERMS & CONDITIONS

I. Application

My Standard Terms and Conditions of Delivery and Business are designed to ensure clarity and mutual understanding in our professional relationship. These terms apply to all our orders, offers, deliveries, and services.

  • Acceptance: By accepting my delivery, service, or offer, you agree to these terms, which bind us both. Acceptance is confirmed when you use my photographic material for publication or otherwise.

  • Objections: If you disagree with any part of these terms, please notify me in writing within three work days. Any alternative terms you propose will not apply unless I expressly agree to them in writing.

  • Continuing Application: These terms also apply to all future transactions between us, ensuring consistency and reliability in our ongoing business relationship, even if they are not explicitly mentioned in future interactions.

 

II. Commission Products

Estimates I provide are given in good faith based on my initial understanding of the project. They are, however, non-binding.

  • Cost Adjustments: If costs increase during production, I will notify you only if it becomes clear that the original estimate will be exceeded by more than 15%. I believe in transparency and will keep you informed about significant changes.

  • Unforeseen Delays: Should the production period extend beyond my control, additional compensation will be based on the agreed rate or a reasonable increase in the flat rate.

  • Third-Party Services: With your authorization, I may commission third-party services needed for the execution of the project on your behalf. This helps ensure that every aspect of production meets our high standards.

  • Selection of Photographs: Unless agreed otherwise, I am responsible for selecting the photographs that I will present to you at the end of our project. This selection process ensures that only the best work is delivered, reflecting both artistic quality and relevance to your goals.

  • Acceptance of Photographs: You will have two weeks to review and accept the photographs. If I do not hear otherwise within this period, the photographs will be considered accepted according to our agreement and free of any faults.

III. Provision of Photographic Material (Analog and Digital)

All the photographic material I provide, whether complete or in progress, analog or digital, is subject to these terms:

  • Copyright Acknowledgment: You recognize that the photographic material I supply is protected under copyright law. I take pride in creating original content that deserves protection and respect.

  • Handling of Material: The photographic material I provide remains my property, even after compensation is provided. Please handle it with care and only make it available within your organization for the intended purposes like viewing, selection, or technical editing.

  • Complaints: If there are any issues with the content, quality, or condition of the delivered photographic material, please notify me within 48 hours of receipt. Without such notification, the material is deemed accepted and compliant with our agreement.

IV. Utilization Rights

When you receive my photographic material, you are granted a license for one-time use only, tailored to the specific purpose we've agreed upon:

  • Scope of Use: The rights granted are for one-time utilization of the photographic material within the scope you have outlined or that which can be reasonably inferred from the transaction context. Any further use beyond the agreed scope requires my written permission and may involve additional fees.

  • Exclusive Rights: If exclusive usage rights for specific geographical regions or time periods are needed, these can be arranged through a separate agreement and will typically incur at least a 100% surcharge on the basic fee.

  • Restrictions on Material Use: Any secondary exploitation or publication, digital storage, or use beyond the initial agreed terms—such as making modifications, duplications, or using the images for other reproductions—must be specifically approved by me in writing and appropriately compensated.

V. Liability

As an artist, I ensure the highest quality and strive to respect all relevant rights, but here are some important liability terms:

  • Rights Breach: I am not liable for any breach of rights related to trademarks, company names, or designs depicted in my photographs unless a duly signed release accompanies them. It is your responsibility to secure the necessary rights for use beyond the copyright of the photograph.

  • Proper Utilization: Once delivered, you assume responsibility for the lawful use of the photographic material. This responsibility includes ensuring that any necessary permissions for public display or reproduction are obtained and that the usage aligns with legal and ethical standards.

VI. Fees

My fee structure is clear and straightforward. If we haven't agreed on a fee beforehand, it will be determined based on the standard photographic fees issued by Mittelstandsgemeinschaft Foto-Marketing (MFM), including VAT at the applicable rate.

  • Advance Payment: I require a 50% deposit to secure your booking and begin work. This deposit is non-refundable and ensures that we are both committed to moving forward.

  • Payment of Balance: The remaining balance is due upon completion of the project, before the release of the final deliverables.

  • Additional Costs: Any costs and expenses arising in connection with the order (e.g., materials, travel, models) are not included in the initial fee and will be billed separately. I will always discuss these expenses with you in advance.

  • Payment Plans: Understanding that financial flexibility can be crucial, I offer payment plans that can be customized to fit different budgets and project scopes. Please feel free to discuss this option with me.

  • Social Rate for Cultural Projects: I am committed to supporting cultural projects by offering a reduced rate for initiatives that qualify. We can discuss eligibility and specific terms to ensure the project’s feasibility under this rate.

Payment Terms: All fees are due upon delivery of the photographs. For lengthy projects, I may agree to part deliveries, in which case part payments will become due with each delivery.

Photographic and Creative Services:

  • Workday Definition: A standard workday on set is defined as 8 hours. Any time beyond 8 hours will be charged as overtime. Overtime begins to accrue immediately after the first 5 minutes past 8 hours and is charged at a full hourly rate.

  • Extended Hours: Work that extends beyond 12 hours will incur an additional half-day fee.

  • Travel Costs: Travel expenses incurred for the purpose of completing a project will be charged additionally and are to be reimbursed by the client.

Web Design and Digital Content Services:

  • Initial Draft and Layout Work: I provide initial drafts and work with clients to develop and finalize layouts. This includes copywriting and content development, positioning myself more as a consultant in this process.

  • Intellectual Property and Buyout Options: The intellectual property of all web designs remains with me. Clients are granted usage rights, and they have the option to buy out the entire website, which includes training on how to maintain the site.

  • Maintenance Services: I offer ongoing updates and maintenance for websites at a negotiated rate.

  • Revisions: One revision is included with the design service. Additional revisions are available and will be charged on an hourly basis.

  • Digital Content Management: Digital content management terms will be agreed upon individually.

  • Third-Party Assets: Costs for third-party assets required for the project will be borne by the client.

  • Backup Services: By default, I maintain backups indefinitely. If a client requires guaranteed backups beyond one year, a maintenance fee of 50€ per year will be charged.

  • Final Design Execution: After the initial draft and layout phases, I will complete the final design, ensuring it meets both aesthetic and functional standards set during our initial discussions.

  • Basic SEO Services: I provide basic Search Engine Optimization (SEO) to enhance the visibility of your website. This includes optimizing site structure, improving meta descriptions, and ensuring keyword alignment with your content goals.

  • Advanced SEO Partnership: For clients requiring more extensive SEO strategies, I collaborate with specialized SEO partners. This allows us to offer comprehensive SEO solutions that are tailored to achieve higher rankings and improved search performance.

  • Third-Party SEO Costs: If an SEO specialist is required, their fees will be separate from my charges and will need to be covered by the client. I will facilitate the introduction and collaboration with our trusted SEO partners to ensure your needs are comprehensively met.

VII. UTILIZATION RIGHTS

  • Website Functionality and Compatibility: While I strive to create websites that perform optimally, I rely on third-party services such as Wix, which may affect site functionality and compatibility with different browsers or devices. I am not liable for issues stemming from third-party platform limitations.

  • Updates and Third-Party Dependencies: Clients should be aware that maintaining the latest versions of software and platforms is crucial for functionality and security. I am not responsible for problems that arise from the client’s failure to update their systems or from third-party service disruptions.

IX. GENERAL PROVISIONS

  • Application to All Services: The terms outlined apply to all services I provide, including photography, creative direction, web design, and digital content management. This ensures clarity and consistency across all interactions and projects.

PRIVACY POLICY

1. CONTROLLER INFORMATION
This privacy policy applies to data processing by:
Franziska Brodhun
Clemens-Schultz-Str 25, 20359 Hamburg, Germany
Email: hello (at) brodhun.com
VAT No. DE296483128

 

2. COLLECTION, STORAGE AND USE OF PERSONAL DATA

a) When Visiting the Website:

When you visit my website, hosted on Wix, the platform may automatically collect data necessary to ensure its operational performance and optimize user experience. This data includes:

  • IP address of your device,

  • Browser type and version,

  • Operating system,

  • Referrer URL (the previously visited page),

  • Pages visited on our site,

  • Access times,

  • Other similar data used for security and technical troubleshooting.

This information is used to maintain website security, identify technical issues, and improve overall functionality. All data collection through Wix is managed under their privacy policy, which adheres to industry standards.

In addition, my website utilizes Google Analytics to gather insights about how visitors interact with the site. Google Analytics collects information such as frequency of visits, pages accessed, and previous website activity without identifying individual users. This data helps me understand user behavior on the site to better tailor content and enhance user experience.

Google Analytics uses cookies, and the data it collects about your interactions is subject to Google’s Privacy Policy. You can opt-out of Google Analytics by disabling cookies on your browser or through Google’s opt-out options.

b) Using Our Contact Form:

If you choose to contact me using the form provided on my site, I collect the personal data you input, such as your name, email address, and any message details. This data is used solely to respond to your inquiries and is processed based on your consent, in accordance with Art. 6 para. 1 lit. a GDPR. I retain this information only as long as necessary to address your concerns and delete it thereafter unless required otherwise by law for documentation purposes.

 

3. SHARING OF DATA

I do not share your personal data with third parties unless:

  • You have given explicit consent, Art. 6 para. 1 lit. a GDPR.

  • It is necessary for legal claims and there is no reason to assume you have an overriding interest in not sharing your data, Art. 6 para. 1 lit. f GDPR.

  • There is a legal obligation for sharing, Art. 6 para. 1 lit. c GDPR.

  • It is legally permissible and required for contractual relationships with you, Art. 6 para. 1 lit. b GDPR.

 

4. RIGHTS OF DATA SUBJECTS

You have the right to:

  • Request information about your personal data processed by me.

  • Request correction of incorrect or complete personal data.

  • Request the deletion or restriction of processing of your personal data.

  • Object to the processing.

  • Data portability.

  • Revoke your consent at any time, affecting the legality of processing your data after your consent.

  • Complain to a supervisory authority.

 

5. DATA SECURITY

I use SSL encryption to protect data transmission on my website. I implement security measures to protect your data from unauthorized access, loss, or destruction.

 

6. UPDATES TO THIS PRIVACY POLICY

This policy is subject to change to reflect website updates or changes in legal requirements. The current version of this privacy policy can always be accessed on my website.

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