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Terms and Conditions (GTC)

§ 1 Copyright

Each time the works are used, the name of the artist (originator) must be given.

Any use and exploitation of the work is only permitted after notification and with the consent of the artist and is only valid for the agreed duration and the agreed purpose. Unless otherwise agreed, the possession of the work does not entail any exploitation or usage rights under copyright law; this applies in particular to public exhibitions.

For each use or exploitation of the works, the artist is entitled to reasonable

Remuneration (§ 32 UrhG).

In connection with an exhibition, the right to current reporting on the work is granted, as well as the right to depict the work on posters, invitations, on the Internet and in the catalogue.

Documents provided for use of the work (photos, slides, texts, etc.) may only be published with the consent of the artist named on the documents and with his/her name being mentioned.

The resale right (§ 26 UrhG) and the right of access (§ 25 UrhG) are recognized. In addition, there is an obligation to allow the artist to use the work temporarily (e.g. for exhibitions), insofar as this is reasonable.

§ 2 Obligations and services of the artist

2.1     The artist warrants that the work is his/her sole property.  She/he further warrants that the work is an independent work of his/her own.

2.2     Handover: The artist is obliged to deliver the work in perfect condition and clearly marked by the agreed date

hand over.

2.3     Liability: The artist is only liable for damage that he or his vicarious agents cause intentionally or through gross negligence.

2.4     Warranty/maintenance/repair: Guarantees by the artist for artistic design are excluded, unless otherwise agreed in the contract. Maintenance obligations are not assumed unless they are agreed separately and all associated costs are borne by the user and remunerated separately to the artist. The artist reserves the right to carry out any necessary restoration or repairs for a reasonable fee. Does the artist take the 

If restoration or repairs are not carried out himself, he/she shall provide binding information on their type and execution.

2.5     Additional services by the artist: Additional services will be remunerated separately. If required, a cost estimate must be submitted.

2.6     Events: If the artist wishes to be present for a presentation of the work, he/she is willing to do so, provided that the date has been agreed in good time.

§ 3 Obligations and services of the user

3.1     Insurance: The insurance value corresponds to the sales value and is to be determined by mutual agreement between the artist and the user. The user bears the costs of the insurance in full. Insurance must be proven.

3.2     Transport/transport insurance The costs for the proper return transport of the works and their insurance ("from nail to nail") are to be borne in full by the user. 

3.3     Destruction/destruction/theft/damage/weather-related damage to the work: The user takes all necessary, technically possible and reasonable precautions to prevent damage, theft, etc. to the work /obliges the user or owner to inform the artist immediately; this does not affect the artist's right to claim damages.

3.4     Intentional destruction by the owner: In the event of the intentional destruction of the work, the owner is obliged to inform the artist in advance and to bring about an amicable arrangement with him/her, e.g. B. to return the work to the artist free of charge.

3.5     Travel expenses: The necessary travel expenses, costs for overnight stays and additional expenses incurred by the artist to fulfill the contract will be reimbursed against proof.

3.6     Presentation/technical requirements: The artist and user mutually decide on the type and scope of the presentation.

3.7     Catalogue: The costs for a catalog are borne by the user. If it has been agreed that the artist will share the costs, this can be done with works of art. Services rendered by the artist in the production of the catalog will be invoiced. The determination of the edition as well as the production/execution of the catalog takes place in consultation and in agreement with the artist. The artist receives an appropriate part of the edition for their own disposal.

3.8     Events: Is the presence of the 

artist, the costs incurred will be borne by the user; the same applies to all subsequent events. 

3.9     Return: If the work is only made available to the user temporarily, he/she is obliged to return it in perfect condition immediately after the end of the contract. An extension of the transfer period requires the consent of the artist. In this case, a fee agreed for the assignment increases pro rata temporis; the increase amount is due at the beginning of the extension. 

§ 4 Terms of payment 

4.1     All claims of the artist for payment are due half upon conclusion of the contract and half upon provision of the service owed by the artist. They are payable without deduction within immediately. 

4.2     All payments and prices are plus VAT. 

4.3     Until the total price has been paid in full, the artwork remains the property of the artist. 

4.4     Not liking« the execution cannot lead to a reduction in the remuneration. A right of return is excluded.

4.5     The statutory artist social security fee is borne by the user if he/she is subject to the fee. 

§ 5 Cancellation and Termination of Contracts 

5.1     Annulment and termination must be in writing. 

5.2     In the event of termination by the user, a fee for the work not accepted for use will be due. This amounts to at least 50 percent of the agreed fee plus the proven material costs. 

5.3     In the event of termination by the artist, the repayment of the remuneration paid up to the time of termination is excluded. 

5.4     In the event of cancellation due to illness of the artist, a medical certificate must be submitted. Refunds already paid are excluded.

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