Michael Keplinger Photography
Effective as of June 2026

1. Scope

These General Terms and Conditions apply exclusively to all business transactions between the parties.

Any conflicting terms and conditions of the customer, hereinafter referred to as “the Client,” shall not apply unless explicitly agreed upon in writing by Michael Keplinger Photography, hereinafter referred to as “the Contractor.”

For the purposes of these T&Cs, “photographs” refer to all digital and analog products produced by the Contractor, including but not limited to photographs, videos, Super 8 footage, film scans, online galleries, albums and other visual materials, regardless of technical form or storage medium.

2. Obligations of the Client

The Client shall provide the Contractor with all information necessary for the timely and professional execution of the assignment, including schedules, locations, timelines and special requests. Delays resulting from incomplete or late information provided by the Client shall not be attributed to the Contractor and may be counted as working time.

The Client is responsible for ensuring that photography and videography are permitted at all venues and locations involved in the assignment. The Contractor is not responsible for obtaining permits or verifying rights relating to persons, buildings, artworks or locations depicted.

The Client agrees to inform guests in advance that photography and videography will take place during the event.

Any notice of defects must be submitted in writing within fourteen (14) days after delivery of the final gallery. After this period, the delivered work shall be considered accepted.

The Client acknowledges that:

• Michael Keplinger Photography provides artistic and highly individualized services.
• The Contractor’s work continuously evolves over time.
• Final imagery may differ from previously published work.
• The Contractor retains full artistic discretion regarding composition, editing, image selection and storytelling.

3. Artistic Approach and Performance

The Client acknowledges that the photographic and filmmaking process is inherently artistic and documentary in nature. The Contractor will use personal creative judgment to produce imagery consistent with the Contractor’s editorial and documentary visual language and artistic standards.

The Contractor is not obligated to reproduce specific poses, compositions, editing styles or moments exactly as seen in previous work.

Basic editing, including color grading, exposure adjustments, cropping and black-and-white conversion, is included. Advanced retouching is not included unless otherwise agreed upon.

The final gallery may contain a mix of color and black-and-white imagery based on the Contractor’s artistic discretion. Upon request, alternative color versions may be provided where technically feasible.

While the Contractor does not guarantee a fixed number of photographs, full-day wedding coverage typically results in approximately 600–800 edited images.

RAW files and unedited footage are generally not included. In specific cases and only upon separate written agreement, selected unedited files may be provided for an additional fee.

Where analog photography (35mm film) and/or Super 8 film is part of the booking, the Client acknowledges that:

• Film is processed and scanned by an external lab.
• Color, grain and overall look are inherent characteristics of the medium and not considered defects.
• Lab processing times may extend the overall delivery timeline beyond the periods stated in Section 4.
• Film is a physical, finite medium; technical issues with cameras, film stock or lab processing are outside the Contractor’s control. The Contractor will take reasonable care but cannot guarantee individual frames.

Drone coverage may be included at the Contractor’s discretion whenever legally, technically and logistically possible. Weather conditions, local regulations and venue restrictions may affect drone operation.

4. Obligations of the Contractor

Michael Keplinger Photography agrees to provide photography and/or videography services for the Client.

The assignment will be carried out personally by Michael Keplinger. For full-day or larger assignments, the Contractor may work with an additional second photographer and/or assistant. The Contractor reserves the right to assign another experienced professional if necessary due to illness, injury or other unforeseen circumstances. Such substitution shall not constitute a breach of contract.

The Contractor shall deliver the edited photographs in a format of their choosing, typically high-resolution JPG files suitable for printing and personal use.

The Contractor will deliver the final wedding gallery approximately six (6) to eight (8) weeks after the wedding date.

Wedding films and more complex deliverables (including Super 8 footage) may require additional production time and are typically delivered within three (3) to four (4) months.

Upon delivery of the final files, the Contractor is no longer responsible for archiving or storing the material.

Michael Keplinger Photography will make every reasonable effort to document all important moments throughout the event. However, the Contractor cannot guarantee the capture of every requested image or event due to circumstances beyond reasonable control, including but not limited to weather conditions, schedule delays, venue restrictions, guest interference or force majeure.

5. Usage Rights and Portfolio Use

Until full payment has been received, all photographs, films and related materials remain the property of the Contractor.

Upon full payment, the Client receives a non-exclusive, non-transferable right to use the delivered imagery for private and personal purposes.

Commercial use, publication, resale, editing or alteration of the delivered material requires prior written permission from the Contractor.

Unless otherwise agreed upon in writing (for example through a signed NDA or confidentiality agreement), the Contractor reserves the right to use the resulting work for portfolio, editorial, educational, competition, publication and promotional purposes, including websites, social media, printed materials and exhibitions.

6. Fees, Payment and Booking

A non-refundable retainer of €1,500 is required to secure the booking date.

The booking is considered confirmed and binding once the retainer has been received.

The remaining balance is due within fourteen (14) days after the wedding.

Additional working hours exceeding the agreed coverage will be charged at €400 per commenced hour.

Late payment: Following a formal reminder, the Client shall be considered in default. From the onset of default, the outstanding amount accrues interest at 4% per annum. Set-off or retention rights may only be asserted against undisputed or legally established claims of the Client against the Contractor. Reminder fees and the costs of legal intervention (including pre-litigation) shall be borne by the Client.

Additional costs such as accommodation, travel expenses, parking fees, tolls, shipping costs, film and processing costs for additional rolls, or location-specific production expenses are not included unless explicitly stated otherwise.

For assignments lasting six (6) hours or longer, the Client shall provide reasonable meals, refreshments and a private space for the Contractor (and team, if applicable).

Accommodation near the venue may be required to ensure punctual arrival and proper execution of the assignment, particularly for destination weddings.

7. Rescheduling and Cancellation

The retainer remains non-refundable in all cases. In addition, if the Client cancels the booking, cancellation fees apply based on the timing of the cancellation relative to the event date:

• Cancellation up to six (6) months before the event: 25% of the total fee
• Cancellation up to sixty (60) days before the event: 50% of the total fee
• Cancellation up to forty (40) days before the event: 75% of the total fee
• Cancellation within twenty (20) days of the event: 100% of the total fee

Statutory rights of withdrawal (see Section 9) remain unaffected.

If the event is rescheduled more than six (6) months before the original date and the Contractor is available for the new date, previously paid amounts may be credited toward the new booking. Updated pricing may apply.

In the unlikely event that the Contractor is unable to fulfill the assignment due to illness, injury, accident, force majeure or other unforeseen circumstances, the Contractor will make reasonable efforts to arrange a suitable replacement.

If no replacement can be found, liability shall be limited to the refund of payments received, excluding already incurred travel, accommodation or production expenses.

8. Liability

The Contractor shall only be liable for damages caused intentionally or through gross negligence, in accordance with Austrian law (ABGB).

The Contractor shall not be liable for indirect damages, emotional distress, missed moments, technical failures, weather conditions, travel disruptions, force majeure or restrictions imposed by venues or authorities.

The Contractor is not responsible for verifying permissions relating to persons, locations or copyrighted elements depicted during the assignment.

9. Right of Withdrawal

For bookings of weddings, shoots or other services agreed for a fixed date, no statutory right of withdrawal exists pursuant to §18(1) no. 10 FAGG, as these constitute services related to leisure activities for which the Contractor’s performance is contractually tied to a specific date.

For custom-made products (e.g. photo books or albums with a personalized design or layout), no right of withdrawal exists pursuant to §18(1) no. 3 FAGG.

For digital content (e.g. image files provided via download or an online gallery), the right of withdrawal does not apply once the Contractor has begun providing the content with the Client’s prior express consent and acknowledgment that this results in the loss of the right of withdrawal, pursuant to §18(1) no. 11 FAGG.

Where, exceptionally, none of the above exceptions apply and the Client is a consumer who concluded the contract by distance means (e.g. email, website or online form), the statutory right of withdrawal under FAGG applies for fourteen (14) days from conclusion of the contract.

10. Data Protection

The processing of personal data (including images of the Client and guests) is carried out in accordance with the Contractor’s privacy policy, available at michaelkeplinger.com/data-protection.

11. Applicable Law

Austrian law shall apply exclusively.

The place of jurisdiction and performance shall be Linz, Austria, unless mandatory statutory consumer protection provisions require otherwise.

The application of the UN Convention on Contracts for the International Sale of Goods is excluded.