Last updated: January 2026

These Terms & Conditions apply to the use of this website and to all services provided by Phil Halfmann, sole trader, based in Dortmund, Germany (“Photographer”, “we”, “us”).

1. Scope & Hierarchy of Documents
These Terms & Conditions apply to:

• use of this website
• free educational resources (including guides, toolkits, and visual audits)
• all photographic and visual strategy services

In case of conflict, the following order of precedence applies:

1. Signed Retainer Agreement or Project Agreement
2. Accepted Proposal (including Deliverables & Usage Schedule)
3. These Terms & Conditions

Website content does not constitute a binding offer.

2. Free Resources & Visual Audits
Free resources and visual audits are provided solely for educational and orientation purposes.

They:

• do not constitute consulting or legal advice
• do not guarantee specific results
• do not create any obligation to enter a paid agreement

Any recommendations given during a visual audit are non-binding.

3. Paid Services & Retainers
Paid services are provided exclusively under a written agreement, including:

• Campaign Content Retainer Agreements
• Project-based agreements (if applicable)

The agreement defines:

• scope of services
• deliverables
• production timelines
• fees
• usage rights and licensing

No services are owed outside the agreed scope.

4. Copyright & Ownership
All photographic works are protected under the German Copyright Act (UrhG).

Unless explicitly stated otherwise in writing:
The Photographer remains the sole author and copyright holder of all created images and visual material.
No transfer of copyright occurs.

5. Usage Rights & Licensing
a) License Grant
The Client receives a non-exclusive, non-transferable license to use the images strictly within the scope defined in the applicable agreement.
No rights are granted beyond those explicitly stated.

b) Standard Included Usage
Unless otherwise agreed in writing, included usage is limited to:

• the Client’s owned website
• organic social media channels
• internal marketing, presentations, and PR

This usage is:

• territory-limited
• time-limited
• brand-owned only

c) Explicitly Excluded Usage
The following uses are not included in any base retainer or project fee:

• paid advertising (including paid social, performance marketing, sponsored posts)
• out-of-home (OOH) advertising
• print advertising
• packaging
• sublicensing or transfer to third parties

These uses require a separate written licensing agreement and additional fees.

d) License Term & Territory
Usage rights are granted for the license duration and territory explicitly defined in the agreement.
Any use beyond the agreed term or territory requires a license extension.

e) Unauthorized or Excess Use
Any use beyond the agreed license constitutes unauthorized use and entitles the Photographer to:

• invoice a retroactive license fee based on standard commercial rates
• claim damages
• require immediate cessation of use

6. Retainer Structure & Deliverables
Retainers are structured around:

• agreed monthly deliverables
• planned production days or content blocks
• predefined usage scope

Unused deliverables do not roll over unless explicitly agreed.
Changes to scope or usage require a written amendment.

7. Fees, Payment & Late Payment Unless otherwise agreed:

• invoices are payable within 14 days
• fees are exclusive of VAT (if applicable)
• late payments are subject to statutory interest under § 288 BGB

The Photographer may suspend services in case of non-payment.

8. Client Responsibilities
The Client is responsible for:

• timely provision of information, materials, and approvals
• ensuring they hold rights to any provided content
• compliance with applicable laws when using the images

Delays caused by missing input or approvals extend timelines accordingly.

9. Liability
The Photographer is liable only for damages caused by:

• intent
• gross negligence

In cases of slight negligence, liability is limited to essential contractual obligations and foreseeable damages.
Liability for indirect or consequential damages is excluded where legally permissible.

10. Reference Use
Unless the Client objects in writing:
The Photographer may display created work for self-promotion and portfolio purposes, including naming the Client.

11. Data Protection
All personal data is processed in accordance with the website’s Privacy Policy and applicable GDPR regulations.

12. Governing Law & Jurisdiction

• German law applies, excluding the CISG.
• Place of jurisdiction, insofar as legally permissible, is Dortmund, Germany.

13. Severability
If any provision of these Terms & Conditions is invalid, the remaining provisions remain effective.

CONTACT
Phil Halfmann
Sole trader
Dortmund, Germany
Email: Contact@PhilHalfmann.com