GENERAL TERMS AND CONDITIONS of WILDFOX RUNNING Christoph, Jenisch GbR, Nibelungenallee 21, D-60318 Frankfurt — acting in the name and on behalf of the artists represented by them.
1. Scope of Application
The orders executed by WILDFOX RUNNING Christoph, Jenisch GbR (hereinafter referred to as the "Contractor") are processed exclusively on the basis of the following General Terms and Conditions. The Client acknowledges these General Terms and Conditions for the present order and simultaneously for all additional and future business with the Contractor. The Client's general terms and conditions shall apply only if the Contractor has expressly agreed to them in writing. These GTC shall not apply to Clients who are not entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
To the extent that WILDFOX RUNNING Christoph, Jenisch GbR offers services in the name and on behalf of a represented artist, the contract is concluded exclusively between the Client and the respective represented artist. A user of the services deviating from the Client may be designated separately in the offer as the "Customer".
2. Cost Estimate and Order Confirmation
Cost estimates (quotations) are non-binding and subject to change. Orders placed by the Client shall only become effective upon written order confirmation and shall constitute conclusion of the contract, provided that the order confirmation corresponds to the cost estimate. If the Client sends the order confirmation, it must be received by the Contractor in good time before a shoot. Payment amounts are quoted in euros.
3. Services and Dates
3.1 Unless otherwise specified in the briefing or similar, the Contractor is entitled to free artistic design of the order. Accordingly, complaints regarding image conception, perspective, colour, composition, selection of photo models, location and the (optical-)technical means applied are excluded. The Contractor shall comply with the Client's specifications.
3.2 The Contractor is not obliged to archive negatives and/or image data.
3.3 Fixed (delivery) dates require written form to be effective. They must be expressly designated as such. Otherwise, they shall be deemed non-binding prospective time indications.
Changes to dates or postponements of dates after conclusion of the contract require the express consent of the Contractor.
WILDFOX RUNNING Christoph, Jenisch GbR owes a professional execution of the agreed services. A specific economic result is not owed — unless a concrete service result has been expressly agreed.
Subsequent changes to the subject matter and scope of the service require the consent of both parties. Additional services as well as repeated draft work and corrections, insofar as they do not constitute remedying of defects, shall be remunerated additionally as appropriate.
WILDFOX RUNNING Christoph, Jenisch GbR is entitled to communicate with the Client by e-mail in the course of order execution. Unless otherwise requested and agreed, electronic communication is unencrypted and unsecured.
3.4 The Client shall provide the information, templates, products, equipment and other cooperation required for the service in good time, correctly and completely. Delays due to cooperation not provided or not provided properly do not place WILDFOX RUNNING Christoph, Jenisch GbR in default; service dates shall be postponed by the duration of the impediment plus a reasonable resumption period. The additional expense caused thereby shall be remunerated by the Client.
3.5 Advisory and Brokerage ServicesAdvisory and brokerage services are provided on the basis of the information supplied by the Client. To the extent that third parties are engaged for this purpose, their engagement shall be effected — subject to a deviating agreement — in the name and on behalf of the Client or the customer represented by the Client.
WILDFOX RUNNING Christoph, Jenisch GbR owes a professional execution of the advisory and brokerage services taking into account the requirements named in the course of the engagement, but not a specific advisory or service result of the brokered third party. For advisory and brokerage services, the law of service contracts shall apply exclusively.
4. Acceptance
4.1 Acceptance may not be refused if the services correspond to the briefing. Subsequent changes to the briefing shall only be effective if the Contractor consents thereto. For shoots, acceptance shall generally be effected on site by an authorised person of the Client.
4.2 Minor colour deviations in the case of repeat orders cannot be completely avoided technically and therefore do not entitle the Client to claims for defects.
4.3 Notices of defects must be given in writing immediately upon receipt of the material. After expiry of a period of 5 working days, the work shall be deemed to have been accepted in accordance with the contract and free of defects with regard to obvious defects.
WILDFOX RUNNING Christoph, Jenisch GbR is entitled to demand partial acceptance upon completion of individual work sections. Acceptance may not be refused for purely design-related or artistic reasons, provided that there is no deviation from an expressly agreed design result.
After release by the Client or the Client's customer, WILDFOX RUNNING Christoph, Jenisch GbR shall not be liable for errors overlooked by the Client or customer upon release.
4.4 For works made available to the Client, the Client shall have a period of 7 days from the date of delivery for review and selection. If a licence agreement is not concluded within the aforementioned period, the works made available and/or the corresponding image data carriers must be returned immediately and all data of the images stored by the Client must be deleted. The provision of works for review and selection does not transfer any rights of use. If the works are used for layout purposes or otherwise as working templates, also in connection with presentations by the Client, this shall already be subject to a fee.
5. Rights
5.1 Upon full payment of the agreed total amount (i.e. including remuneration and (third-party) costs), the Client shall be granted copyright-related, non-exclusive/simple rights of use exclusively for the contractually agreed purpose (in accordance with the cost estimate and/or the individual contract).
5.2 If rights for "all media" are granted to the Client, this shall include the following uses:
5.2.1 Above the Line:
Advertisements in consumer titles, daily newspapers, trade titles, as well as supplements and advertorials, outdoor posters incl. CLP up to 18/1 format, including transport advertising (printed or electronic).
5.2.2 Below the Line:
POS material (remaining at POP) e.g. displays, banners at POS, shop stickers, wobblers etc., incl. posters up to max. 18/1 format at/before POS, incl. trade fairs (all of the above advertising materials printed or electronic); sales promotion material (take-away from POP) e.g. brochures, catalogues, flyers, postcards, promotional gifts; direct marketing (addressed advertising, e.g. advertising letters, prospectuses, mailings); PR, incl. e.g. customer magazines and also annual reports; internal use incl. intranet.
5.2.3 Online: Customer homepage / customer apps (own advertising space); internet advertising / app advertising incl. banners, pop-ups etc. (purchased advertising space), social media & blogs; downloads (pdf, brochure), emailing.
Any further use — also beyond the agreed period or territory — requires the express written consent and shall be remunerated separately.
5.3 Any type of reproduction, distribution, publication, modification, editing, making publicly accessible, adaptation for reproduction on other image carriers etc., insofar as it is not covered by the contractually agreed use, requires the express written consent of the CONTRACTOR. In particular, the Client is not entitled to scan the work and/or to store, edit, redesign, reproduce, use to produce new digital images or transfer to other media and image carriers digitally, even in parts.
5.4 Rights to editing or redesign shall only be granted if this has been agreed in writing. The image material may also not be traced, photographed as a recreation or otherwise used as a motif.
5.5 Unless otherwise agreed, the invoice date shall be deemed the beginning of the agreed usage period.
5.6 Without the express consent of the CONTRACTOR, the rights of use may not be transferred to third parties in whole or in part.
5.7 The CONTRACTOR and the artists/authors working for the CONTRACTOR in the production of the works are entitled to use the works produced by them for the purpose of self-promotion as well as for participation in competitions, and to name the Client or the Client's principal and the project and to use their trademarks (such as logos) for these purposes.
5.8 Options on rights of use must be exercised in writing vis-à-vis the Contractor no later than 1 year after invoicing. Thereafter, the Contractor is no longer bound by the option.
5.9 Digital data used for the production of the finished work, e.g. 3D data as well as texture maps of the respective objects and sets, and all rights in these digital data shall not be made available or granted to the Client, but shall remain exclusively with the artists/authors. The provision of editable, high-resolution files ("open files") as well as source codes shall only be owed if this has been expressly agreed.
To the extent that WILDFOX RUNNING Christoph, Jenisch GbR provides third-party material for the Client, the restrictions on rights of use applicable to this third-party material must be observed. WILDFOX RUNNING Christoph, Jenisch GbR shall not be liable for any exceeding of these rights of use by the Client.
For competitions and studies, unless otherwise agreed in writing, no rights of use shall be granted to designs not selected for realisation or other interim results.
5.10 All property rights in the original of the work and the image material handed over remain with the artists. The artist/Contractor is not obliged to archive the works produced by them or the data carriers on which these works are stored.
5.11 The Contractor is entitled to commission third-party services that must be procured for the execution of the production (e.g. model fees, costs for required props) in the name and with authority as well as for the account of the Client. WILDFOX RUNNING Christoph, Jenisch GbR may engage third parties for the performance of services at its dutiful discretion; responsibility for its own contractual obligations shall remain unaffected thereby. If third parties are engaged at the request of the Client or services are expressly designated as third-party services in the offer, WILDFOX RUNNING Christoph, Jenisch GbR shall not be liable for these third parties or their services. Responsibility for selection or monitoring shall exist only to the extent that this has been expressly agreed and remunerated separately. For third-party costs, advance payment may be demanded and the engagement may be deferred until receipt of payment. Liability towards third parties is not assumed. The transfer or transmission of service results to third parties or use for their benefit requires prior consent, insofar as it is not already covered by the agreed rights of use.
5.12 The right to publish works depicting persons shall only be transferred to the Client after express written consent of the depicted persons. In the event that model rights form part of the Contractor's services, the corresponding rights shall only be granted after full payment of the agreed total (production) amount.
5.13 The Client is not entitled to use, transfer or grant third parties access to the works created in the course of the order or parts thereof for the purpose of training, fine-tuning or other processing by systems of Artificial Intelligence, including generative AI models, image generators, machine learning systems or similar technologies. This shall apply regardless of whether rights of use or exclusive rights have been granted to the Client. An exception requires the express prior written consent of the Contractor. If such use is planned, this must be communicated in advance and agreed contractually.
6. (Additional) Costs and Artists' Social Security Contribution
6.1 The CONTRACTOR reserves a calculation margin of 10% on the total amount stated in cost estimates (quotations) and a shift of costs within the calculation. The CONTRACTOR must only notify the Client of cost increases if an overrun of the originally estimated net total costs by more than 10% occurs or is to be expected.
6.2 Costs and expenses incurred in connection with the order (e.g. material and laboratory costs, model remuneration, costs for required props, travel costs, necessary expenses etc.) are not included in the photographer's/illustrator's fee/remuneration and shall be borne by the Client.
6.3 Additional costs due to extensions/changes to the original order approved by the Client shall be invoiced additionally. Ancillary costs incurred in connection with the order (e.g. material costs, props, model remuneration, travel costs, expenses etc.) shall be borne by the Client.
6.4 The Client is obliged to pay the estimated third-party costs to the CONTRACTOR in full before the start of production/manufacture. In the event of late payment before the start of production, the CONTRACTOR is not obliged to execute the order.
6.5 Furthermore, the Client shall pay to the CONTRACTOR the artists' social security contribution that may arise on the part of the CONTRACTOR for third-party services, at the respective statutory rate.
7. Remuneration and Payment
7.1 The agreed total (production) amount (fees and (third-party) costs) shall apply, with which the contractual services and the granting of rights of use pursuant to Section 5 are offset, regardless of whether and to what extent the services are used by the Client. If no remuneration has been agreed, this shall be determined in case of doubt with regard to photographs according to the current image fee overview of the Mittelstandsgemeinschaft Foto-Marketing (MFM) or for illustrations according to the AGD tariff.
7.2 The CONTRACTOR is entitled to demand instalment payments for production orders corresponding to the respective scope of services rendered. Furthermore, the CONTRACTOR is entitled, from a net order volume of EUR 5,000, to demand an advance payment of up to 75% of the total (production) amount to be invoiced.
7.3 All invoices are due and payable in accordance with the payment term stated on the respective invoice (as a rule 14 days after receipt of the invoice), unless something deviating has been agreed in the individual case or is stated on the invoice. WILDFOX RUNNING Christoph, Jenisch GbR is entitled to demand reasonable instalment payments upon placement of the order and during the performance of the services, as well as interim invoices for the accepted part of the service in the case of partial acceptances. If the Client defaults on an invoice despite a reminder or if circumstances become known that give rise to considerable doubts regarding the Client's ability to perform, WILDFOX RUNNING Christoph, Jenisch GbR may invoice the services rendered up to that point and suspend further performance until full satisfaction of due claims, as well as demand reasonable advance payment for further services and expenses. Set-off is permissible only with recognised or legally established claims. A right of retention may only be exercised to the extent that the counterclaim is based on the same contractual relationship.
7.4 The contractually agreed payment claims exist in full regardless of the reservation of rights defined in 5.1.
7.5 The statutory value added tax shall be paid on the amounts invoiced by the CONTRACTOR.
7.6 Default occurs in the event of non-payment 30 days after receipt of the invoice or an equivalent request for payment. The assertion of default damages, such as interest and reminder costs, is reserved.
7.7 The currency risk shall be borne by the Client.
8. Cancellation/Changes of Dates and Compensation for Failure
8.1 Cancellations and changes of dates or postponements of dates after conclusion of the contract must be made in writing.
8.2 Cancellations, changes of dates or postponements of dates shall be remunerated as follows:
In the event of cancellation or postponement of the order by the Client up to seven working days before the agreed production start, 50% of the fee and 100% of all other third-party costs that have already been incurred up to this point, plus any agency commission or markup agreed in accordance with the offer, shall become due. Thereafter, 100% of the fee as well as 100% of all other third-party costs that have already been incurred up to the time of cancellation or postponement, plus any agency commission or markup agreed in accordance with the offer, shall become due.
8.3 The Client bears the risk for circumstances that are not attributable to the CONTRACTOR, such as weather-related interruption of shoots, unavailability of products, props and models (insofar as these are to be provided by the Client), travel bans and force majeure.
8.4 If an order is not executed for reasons for which the CONTRACTOR is not responsible, the CONTRACTOR may charge compensation for failure in the amount of 100% of the agreed fee. If an order already commenced is not completed without the CONTRACTOR being responsible for this, the CONTRACTOR shall be entitled to the agreed total (production) amount. An order shall be deemed to have commenced if the CONTRACTOR has begun to execute its contractually owed service. If the time scheduled for the execution of the order is exceeded or postponed or repeated for reasons not attributable to the CONTRACTOR, e.g. in the case of subsequently deviating wishes from the briefing, bad weather, failure to provide products in good time, errors in the laboratory, failure of the photo models to appear, loss of luggage etc., the fee shall increase in proportion to the originally agreed remuneration. In this case, ancillary costs shall increase according to expense.
9. Further Liability and Insurance
9.1 In the event of unauthorised use, transfer and other use not agreed for photographs/illustrations, a minimum fee of five times the agreed usage fee shall become due, without prejudice to further claims for damages.
9.2 The Client warrants that it has the corresponding rights of use and editing rights in templates, material, programmes, layouts etc. that it hands over, delivers or makes available to the CONTRACTOR for the execution of the order, and that the use by the Contractor does not affect the rights of third parties.
In the event that the CONTRACTOR is commissioned by the Client to implement a layout made available to it and claims for damages or other claims are asserted against the CONTRACTOR or the artists working on its behalf due to the implementation or use of the material handed over, the Client shall indemnify the CONTRACTOR and the artists against all third-party claims and undertake to bear the costs of reasonable legal defence. The Client is responsible for ensuring that neither in the production nor in the exploitation of the contractual services are the rights of third parties violated, such as rights in signs (trademarks, company names, designs), of persons, owners or objects that become part of the contractual services. The CONTRACTOR is not liable for the legal permissibility and protectability of the commissioned services unless this is agreed in writing. No legal review shall take place.
9.3 The CONTRACTOR is not liable for the existence and/or the possibility of renewed delivery of the data and/or for the premature loss of data due to technical defects and/or force majeure.
9.4 Items handed over to the CONTRACTOR by the Client for the implementation of the order must be insured by the Client against damage, loss, theft etc. If the CONTRACTOR has claims for damages against third parties in such a connection and can enforce them, the CONTRACTOR is obliged to assign the corresponding claims to the Client.
9.5 The risk of accidental loss and damage shall pass to the Client as soon as the material to be delivered has been handed over to the person/organisation carrying out the transport. Transport shall be insured by the CONTRACTOR only at the express request of the Client and at the Client's expense.
9.6 The Contractor is not liable in cases where the Client directly commissions third parties such as models etc.
9.7 WILDFOX RUNNING Christoph, Jenisch GbR is liable for intent and gross negligence in accordance with the statutory provisions. Otherwise, WILDFOX RUNNING Christoph, Jenisch GbR is liable to the Client only in the event of breach of an essential contractual obligation (cardinal obligation) as well as in the event of damages arising from injury to life, body or health and for any guarantees assumed. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract and those whose compliance the Client may regularly rely on.
9.8 In the event of slightly negligent breach of essential contractual obligations, the liability of WILDFOX RUNNING Christoph, Jenisch GbR is limited to the contract-typical and foreseeable damage, but to a maximum of twice the total remuneration for the order in connection with which the liability case occurred. Liability for lost profit is excluded. The above limitations of liability shall also apply in favour of the employees, vicarious agents, bodies, represented artists and statutory representatives of WILDFOX RUNNING Christoph, Jenisch GbR, and correspondingly for claims for reimbursement of expenses.
9.9 Possible claims for damages of the Client against WILDFOX RUNNING Christoph, Jenisch GbR shall become statute-barred within 12 months of delivery of the works created, insofar as legally permissible. This shall not apply to claims for injury to life, body or health and to claims based on intentional or grossly negligent conduct.
9.10 WILDFOX RUNNING Christoph, Jenisch GbR undertakes to maintain confidentiality regarding business and trade secrets as well as all information of the Client and the Client's customers designated as confidential that becomes known in connection with the execution of the contract. The obligation of confidentiality shall end 12 months after completion of the project work.
9.11 If WILDFOX RUNNING Christoph, Jenisch GbR takes out or is obliged to take out production liability insurance, the corresponding costs shall be charged to the Client.
10. Special Conditions for the Use of Artificial Intelligence (AI)
10.1 Use of AI only upon instruction: The use of systems of Artificial Intelligence, in particular generative AI, for the creation of the contractual work results shall be effected exclusively upon express instruction of the Client. Without such instruction, WILDFOX RUNNING Christoph, Jenisch GbR does not use AI.
10.2 Risk allocation and principle of liability: If the Client instructs the use of AI, the use of the work results produced thereby shall be fundamentally at the Client's own risk. The legal responsibility for the use, exploitation and publication of the work results shall lie — subject to the following provisions on cardinal obligations — with the Client in this case. The use of certain AI systems or certain tariff models or model tiers within AI systems requires express instruction by the Client.
10.3 Limitation of liability:
a) WILDFOX RUNNING Christoph, Jenisch GbR is liable for damages of the Client only if WILDFOX RUNNING Christoph, Jenisch GbR or its vicarious agents breach an essential contractual obligation (cardinal obligation) or a case of intent or gross negligence exists. Cardinal obligations are those obligations whose fulfilment enables the proper execution of the contract in the first place and whose compliance the Client may regularly rely on.
b) In the event of slightly negligent breach of cardinal obligations, the liability of WILDFOX RUNNING Christoph, Jenisch GbR is limited to the contract-typical, foreseeable damage.
c) In the event of slightly negligent breach of non-essential contractual obligations, the liability of WILDFOX RUNNING Christoph, Jenisch GbR is excluded.
d) The above limitations of liability shall not apply to damages arising from injury to life, body or health and to liability under mandatory statutory provisions, in particular the Product Liability Act.
e) Liability of WILDFOX RUNNING Christoph, Jenisch GbR for the copyright protectability of the work result created with the use of AI, its exclusivity or its freedom from third-party rights is excluded, subject to the provisions on cardinal obligations.
10.4 Indemnification: The Client shall indemnify WILDFOX RUNNING Christoph, Jenisch GbR against all third-party claims arising in connection with the use, exploitation or publication of work results created with the use of AI and based on circumstances attributable to the Client's sphere of risk, in particular specifications, input data, missing labelling or missing consents, unless WILDFOX RUNNING Christoph, Jenisch GbR has caused these claims intentionally or through gross negligence.
10.5 Copyright, exclusivity and scope of rights:
a) The Client acknowledges that AI-generated content does not enjoy copyright protection under current law.
b) Exclusivity of the work results cannot be guaranteed against this background; in particular, similar or identical content may be generated by the AI systems used also for third parties.
c) WILDFOX RUNNING Christoph, Jenisch GbR transfers the contractually agreed rights of use in the finally handed over work results, insofar as WILDFOX RUNNING Christoph, Jenisch GbR is effectively entitled to such rights.
d) Drafts, prompts, training data, models and internal workflows remain exclusively in the rights sphere of WILDFOX RUNNING Christoph, Jenisch GbR; rights thereto shall not be transferred to the Client.
10.6 Models, performer and personality rights: To the extent that AI-generated content contains depictions, voices or other representations of persons or resembles these, including deep-fake constellations, the Client is responsible for obtaining any required consents as well as for compliance with personality rights, labelling obligations and other legal requirements.
10.7 Labelling and transparency obligations (EU AI Act, UWG, media law):
a) The Client is responsible for compliance with all transparency and labelling obligations insofar as they are connected with the content provided by WILDFOX RUNNING Christoph, Jenisch GbR using AI.
b) This includes in particular the labelling of AI-generated or AI-manipulated image, audio or video content classified as deep fakes; under certain conditions, the labelling of AI-generated texts is also necessary.
c) The Client is also responsible for compliance with competition law transparency requirements, in particular under the UWG (Act Against Unfair Competition), and media law labelling obligations, e.g. in the area of advertising and editorial content.
d) WILDFOX RUNNING Christoph, Jenisch GbR is not obliged to legally review the labelling chosen by the Client or its completeness, unless this is expressly agreed separately.
10.8 Client's input data:
a) The Client warrants that the data, content and materials provided by it (input data) are free from third-party rights or that it has the necessary rights and that their use in AI systems is legally permissible.
b) The Client is responsible for ensuring that input data may be processed in compliance with data protection law and that no impermissible personal data or trade secrets are entered into AI systems.
c) Any required consents, information or legal bases for the use of the input data shall be obtained by the Client on its own responsibility.
10.9 Client's duty of review: The Client is obliged to review all work results independently before their use in factual and legal respects, in particular with regard to correctness, third-party rights, labelling and transparency obligations, data protection law permissibility and competition law conformity.
10.10 Use of external AI service providers: WILDFOX RUNNING Christoph, Jenisch GbR is entitled to use external AI service providers and AI systems from third-party providers for the performance of services. Data shall be transferred within the framework of statutory provisions and contractual agreements and in compliance with the relevant transparency and documentation obligations of the respective providers under the EU AI Act.
10.11 Training data and system limits:
a) WILDFOX RUNNING Christoph, Jenisch GbR has no influence on the training data used by external AI systems and their composition; these are determined by the respective providers.
b) It cannot be excluded that generated content shows similarities with existing works or services of third parties or is based on publicly accessible or licensed training content.
c) The Client shall take into account when placing its order that input data of the Client and work results created with the aid of the AI system may possibly be used as training data by the AI systems used.
11. Final Provisions
11.1 The Client is not entitled to assign or transfer its claims and rights against the CONTRACTOR to third parties.
11.2 Ancillary agreements or agreements deviating from these General Terms and Conditions require written form.
11.3 Should a provision of the contract or these General Terms and Conditions be ineffective, this shall not affect the effectiveness of the remaining General Terms and Conditions and of the contract. The possible invalidity or nullity of individual provisions of these General Terms and Conditions and of this contract shall not result in the nullity of the entire General Terms and Conditions and of the entire contract. Rather, in this case the parties undertake to replace or reinterpret the invalid or null provisions with such provisions as come as close as possible to what has been agreed here within the permissible framework and are suitable to achieve the desired economic purpose. The same shall apply to the filling of gaps that may arise in the General Terms and Conditions and in this contract. Place of performance and place of jurisdiction shall be, insofar as legally permissible, the registered office of the CONTRACTOR for both parties.
11.4 Place of performance and place of jurisdiction for delivery and payment as well as all disputes arising from the contractual relationship shall be, if the Client is a fully qualified merchant, a legal entity under public law or a public-law special fund, the registered office of the Contractor. The Contractor reserves the right to sue the Client, who is a fully qualified merchant, also at other statutory places of jurisdiction.
11.5 The law of the Federal Republic of Germany shall apply. German law is also agreed for deliveries abroad. The provisions of the UN Sales Law, Vienna Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG), shall not apply.
Version: August 2026