Liability and Compensation Musterklauseln

Liability and Compensation. 7.1 The photographer is only liable for damage which he or his agents cause by deliberate acts or gross negligence. This does not apply to damage resulting from the breach of a contractual duty which is of material significance for achieving the object of the agreement (cardinal duty) or to damage resulting from fatal injury, physical injury or damage to health for which the photogra- pher is also liable in case of slight negligence. 7.2 The photographer assumes no liability for the type of use of his images. In particular the photographer is not liable for the admissibility of the use under competition or trademark law. 7.3 Claims by the customer arising from a breach of duty by the photographer or the photographer’s agents shall become time-barred one year after com- mencement of the statutory period of limitations. This does not include claims for damages based on a deliberate or grossly negligent breach of duty by the photographer or the photographer’s agents or to claims for damages on ac- count of fatal or physical injury or damage to health, even insofar as these are based on a slightly negligent breach of duty by the photographer or the photographer’s agents; the statutory period of limitation applies to claims for damages of this kind. 7.4 Images are sent and returned at the risk and expense of the customer. 7.5 If analogue pictures are lost in the area of risk of the customer, or if such pictures are returned in a condition precluding any further use in accordance with customary practice, then the customer shall pay compensation. In such a case the photographer shall be entitled to demand compensation in an amount of € 1,000 for each original and of € 200 for each duplicate, unless or to the extent that the customer can evidence that no damage arose at all or that it is considerably less than the flat rate demanded as compensation. The photographer reserves the right to assert a claim for a higher amount of compensation. 7.6 In case of the unjustified use, change, reworking or passing on of an image, the photographer has the right to demand a contractual penalty in the amount of five times the agreed fee for use, or, in the absence of such agreement, five times the customary fee for use, but not less than € 500 per picture and individual case. Asserting a claim for any further damages shall remain unaffected hereby. 7.7 If, when an image is published, there is no indication of the name of the photographer (Section 5.4) or if the photographer’s na...