1. Scope

These T&C apply to all offers, contracts and services of Thomas Kettner (photography, film, design, post-production, book production) in connection with L’Hommage, including consulting as well as ancillary and preliminary services.

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2. Ethos & Confidentiality

1. L’Hommage is a private, discreet, single-client experience. No audience; no publication without the client’s prior written consent.

2. All project-related information is treated confidentially; NDAs with team/subcontractors are standard.

3. References/case studies are shown only upon written approval.

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3. Offer, Conclusion of Contract, Validity

1. Quotations/cost estimates are non-binding unless expressly marked as binding.

2. A contract is formed by written acceptance (email sufficient) or by commencement of performance.

3. Cost estimates are valid for 30 days, unless stated otherwise.

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4. Scope of Services & Phases

1. Chapter 1 – YOUR DREAM (Discovery & Definition): intake, vision brief, concept options (without detailed logistics).

2. Chapter 2 – YOUR MOMENT (Experience): staged/observed experience, photo/film, discreet execution with a minimal crew.

3. Chapter 3 – YOUR LEGACY (Curation & Book): curation, measured retouching, layout, material selection, production of a one-of-one coffee table book.

4. The concrete scope of services follows the offer/briefing. Changes or extensions require confirmation.

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5. Team & Subcontractors

1. The use of qualified subcontractors (assistance, styling, camera, production, post, print) is permitted; selection and coordination lie with Thomas Kettner.

2. All participants sign confidentiality agreements; crew size is kept to the necessary minimum.

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6. Fees, Expenses, Payment Terms

1. Prices as per offer, plus statutory VAT.

2. Retainer/deposit to reserve dates; remaining payments per milestones (e.g., after Chapters 1/2/3).

3. Expenses: travel, accommodation, per diems, permits, equipment, locations, data logistics, couriers, music/licensing, print—charged at cost or by agreed flat rate.

4. Payment term: 14 days net. In case of default: statutory default interest; right to withhold delivery/material until payment.
    

 

7. Dates, Rescheduling, Cancellation

1. Fixed dates only by express agreement.

2. Rescheduling by the Client: costs already incurred/booked for third parties and pre-production will be charged; we will seek to credit such costs upon re-booking where possible.

3. Cancellation by the Client:
   – up to 14 days before the date: 30% of the fee plus non-refundable third-party costs
   – up to 7 days before the date: 60% plus third-party costs
   – less than 7 days: 80% plus third-party costs
   (Deviations may be agreed in the offer.)

4. Force majeure / Safety (weather, illness, regulatory orders): the date will be postponed; only non-recoverable costs are to be borne.

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8. Acceptance, Revisions

1. Acceptance takes place after presentation of the curated selection and/or the book layout.

2. Included are x rounds of revisions (e.g., 2) within a defined scope (colour/grading/retouching/text/layout).

3. Additional adjustments beyond this scope are billed at the day/hour rates set out in the offer.

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9. Copyright & Usage Rights (L’Hommage-specific)

1. All works (photos, films, texts, layouts) are protected by copyright; author: Thomas Kettner.

2. Upon full payment, the Client is granted a simple, non-exclusive, unlimited in time and territory right of private use of the final works and the book (including private viewing/display, private archiving, private gifting of a potential second copy).

3. No public or commercial use (e.g., social media, website, press, advertising, exhibitions) without a separate written licence agreement.

4. Raw data / RAW files remain with the author unless expressly licensed.

5. Credit (“© Thomas Kettner”) only where publication is contractually permitted and customary/technically feasible.

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10. One-of-One Principle & Editioning

1. Standard: single copy (1/1) of the coffee table book.

2. On request, a strictly numbered companion copy (e.g., for a partner) may be produced— under identical confidentiality, subject to a separate agreement.

3. Each edition is recorded in a private ledger.

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11. Confidentiality, Data Protection & Publication

1. Projects are executed exclusively confidentially; identities, locations and content are not published.

2. Any publication by Thomas Kettner requires the Client’s express prior written consent.

3. Processing of personal data complies with GDPR; see the website privacy policy for details.

4. After book delivery, unused material is systematically deleted; final masters are archived pursuant to Sec. 12.
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12. Delivery, Data, Archiving

1. Final digital assets are delivered via secure access; the physical book is delivered as specified in the offer.

2. Archive: final masters are securely retained for 12 months by default; optional longer archiving or a sealed off-site backup can be arranged.

3. Unused/outtakes are deleted after book production (L’Hommage principle of confidentiality and reduction).
    

13. Third-Party Rights & Releases

1. Required third-party rights (e.g., personality, trademark, property, music) are clarified on a project basis; responsibility follows the offer/briefing.

2. Where rights clearance is not included in the scope of services, the Client warrants that such rights are in place and shall indemnify Thomas Kettner against third-party claims arising therefrom

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14. Safety, Risk, Insurance

1. Safety takes priority. Activities/locations are risk-assessed; licensed professionals and necessary permits are engaged/obtained.

2. Appropriate production and liability insurance is maintained; particular risks are disclosed in advance.

3. Program changes required for safety do not constitute grounds for damages.

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15. Materials & Book Production

1. Materials and finishes (paper, binding, cover, embossing) are selected jointly; museum-grade quality is the standard.

2. Production and delivery times are indicative; unavoidable deviations reasonably extend timelines.

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16. AI & Retouching Policy

1. Retouching is measured; authenticity has priority.

2. Generative AI interventions (replacement/creation of essential content) occur only with the Client’s express written approval.

3. Documentary material is not altered in a misleading way.

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17. Liability

1. Liability applies for intent and gross negligence; for simple negligence only in case of breach of essential contractual duties (cardinal obligations) and limited to the typical, foreseeable damage.

2. No liability is assumed for data loss after proper delivery; the Client is responsible for own data backup.

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18. Governing Law, Venue

1. These T&C are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.

2. Place of jurisdiction—where legally permissible—is Hamburg; mandatory consumer protections remain unaffected.

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19. Text Form, Severability

1. Amendments/supplements require text form (email is sufficient).

2. Should any provision be invalid, the remainder of the contract remains in force (severability clause).