Common use of Production Orders Clause in Contracts

Production Orders. 2.1 Cost estimates by the photographer are not binding. The photographer has to indicate increased costs only if the difference to be anticipated compared with the overall costs originally estimated exceeds 15 percent. 2.2 In the case of photographs of people and of objects enjoying third party copyright, ownership or other third party rights, the customer is obliged to obtain the consent required for the production and use of the images from the person depicted and from the holders of the rights. The customer must indemnify the photographer against compensation claims asserted by third parties resulting from a breach of this duty. The indemnification obligation shall lapse insofar as the customer evidences that he is not at fault. The aforementioned provision shall also apply if the photographer himself selects the persons or objects to be depicted, provided that the photographer informs the customer of his selection in such good time as to enable the customer to obtain the necessary declarations of consent or to select other suit-­‐able persons or objects for the photographic work and make them available. 2.3 If, during the processing of the assignment, the services of a third party have to be used or if any other contract has to be concluded with third parties, the photographer is authorized to enter into the respective obligations in the name and for the account of the customer. 2.4 The photographer selects the images he presents to the customer for acceptance upon conclusion of the production. Subject to the condition that full payment is made (Section 3.4), rights of use are conferred only with respect to those photographs accepted by the customer as being compliant with the agreement. 2.5 The customer is obliged to examine the photographs presented to him upon completion of the production work within a reasonable period of time and to make any complaints as to defects to the photographer. A complaint regard-­‐ing obvious defects must be asserted in writing within two weeks of delivery of the images, a complaint relating to defects which are not obvious must be raised within a deadline of two weeks a>er the defect is detected. The dead-­‐line for raising complaints is met if the complaint is dispatched in good time. In the event of a violation of the duty to examine the photographs and to assert complaints, the photographs shall be deemed approved with regard to the respective defect.

Production Orders. 2.1 Cost estimates by the photographer are not binding. The photographer has to indicate increased costs only if the difference difference to be anticipated compared with the overall costs originally estimated exceeds 15 percent. 2.2 In the case of photographs of people and of objects enjoying third party copyright, ownership or other third party rights, the customer is obliged to obtain ob- tain the consent required for the production and use of the images from the person depicted and from the holders of the rights. The customer must indemnify in- demnify the photographer against compensation claims asserted by third parties resulting from a breach of this duty. The indemnification indemnification obligation shall lapse insofar as the customer evidences that he is not at fault. The aforementioned provision shall also apply if the photographer himself selects the persons or objects to be depicted, provided that the photographer informs the customer of his selection in such good time as to enable the customer cus- tomer to obtain the necessary declarations of consent or to select other suit-­‐able suit- able persons or objects for the photographic work and make them available. 2.3 If, during the processing of the assignment, the services of a third party have to be used or if any other contract has to be concluded with third parties, the photographer is authorized autho- rized to enter into the respective obligations in the name and for the account of the customer. 2.4 The photographer selects the images he presents to the customer for acceptance accep- tance upon conclusion of the production. Subject to the condition that full payment is made (Section 3.4), rights of use are conferred only with respect to those photographs accepted by the customer as being compliant with the agreement. 2.5 The customer is obliged to examine the photographs presented to him upon completion com- pletion of the production work within a reasonable period of time and to make any complaints as to defects to the photographer. A complaint regard-­‐ing regard- ing obvious defects must be asserted in writing within two weeks of delivery of the images, a complaint relating to defects which are not obvious must be raised within a deadline of two weeks a>er after the defect is detected. The dead-­‐line dead- line for raising complaints is met if the complaint is dispatched in good time. In the event of a violation of the duty to examine the photographs and to assert as- sert complaints, the photographs shall be deemed approved with regard to the respective defect.

Production Orders. 2.1 Cost estimates by the photographer are not binding. The photographer has to indicate increased costs only if the difference difference to be anticipated compared with the overall costs originally estimated exceeds 15 percent. 2.2 In the case of photographs of people and of objects enjoying third party copyright, ownership own- ership or other third party rights, the customer is obliged to obtain the consent required for the production and use of the images from the person depicted and from the holders of the rights. The customer must indemnify the photographer against compensation claims asserted by third parties resulting from a breach of this duty. The indemnification indemnification obligation shall lapse insofar as the customer evidences that he is not at fault. The aforementioned provision shall also apply if the photographer himself selects the persons or objects to be depicted, provided that the photographer informs the customer of his selection in such good time as to enable the customer to obtain the necessary declarations de- clarations of consent or to select other suit-­‐able suitable persons or objects for the photographic work and make them available. 2.3 If, during the processing of the assignment, the services of a third party have to be used or if any other contract has to be concluded with third parties, the photographer is authorized au- thorized to enter into the respective obligations in the name and for the account of the customer. 2.4 The photographer selects the images he presents to the customer for acceptance upon conclusion of the production. Subject to the condition that full payment is made (Section 3.4), rights of use are conferred only with respect to those photographs accepted by the customer as being compliant with the agreement. 2.5 The customer is obliged to examine the photographs presented to him upon completion of the production work within a reasonable period of time and to make any complaints as to defects to the photographer. A complaint regard-­‐ing regarding obvious defects must be asserted as- serted in writing within two weeks of delivery of the images, a complaint relating to defects de- fects which are not obvious must be raised within a deadline of two weeks a>er after the defect de- fect is detected. The dead-­‐line deadline for raising complaints is met if the complaint is dispatched in good time. In the event of a violation of the duty to examine the photographs and to assert complaints, the photographs shall be deemed approved with regard to the respective respec- tive defect.

Production Orders. 2.1 Cost estimates by the photographer are not binding. The photographer has to indicate increased costs only if the difference difference to be anticipated compared with the overall costs originally estimated exceeds 15 percent. 2.2 In the case of photographs of people and of objects enjoying third party copyright, ownership or other third party rights, the customer is obliged to obtain ob- tain the consent required for the production and use of the images from the person depicted and from the holders of the rights. The customer must indemnify in- demnify the photographer against compensation claims asserted by third parties resulting from a breach of this duty. The indemnification indemnification obligation shall lapse insofar as the customer evidences that he is not at fault. The aforementioned provision shall also apply if the photographer himself selects the persons or objects to be depicted, provided that the photographer informs the customer of his selection in such good time as to enable the customer cus- tomer to obtain the necessary declarations of consent or to select other suit-­‐able suit- able persons or objects for the photographic work and make them available. 2.3 If, during the processing of the assignment, the services of a third party have to be used or if any other contract has to be concluded with third parties, the photographer is authorized to enter into the respective obligations in the name and for the account of the customer. 2.4 The photographer selects the images he presents to the customer for acceptance accep- tance upon conclusion of the production. Subject to the condition that full payment is made (Section 3.4), rights of use are conferred only with respect to those photographs accepted by the customer as being compliant with the agreement. 2.5 The customer is obliged to examine the photographs presented to him upon completion of the production work within a reasonable period of time and to make any complaints as to defects to the photographer. A complaint regard-­‐ing regard- ing obvious defects must be asserted in writing within two weeks of delivery of the images, a complaint relating to defects which are not obvious must be raised within a deadline of two weeks a>er after the defect is detected. The dead-­‐line dead- line for raising complaints is met if the complaint is dispatched in good time. In the event of a violation of the duty to examine the photographs and to assert as- sert complaints, the photographs shall be deemed approved with regard to the respective defect.