1. Scope

These terms apply to all contracts between Hoorakhsh Pourbahrami, Immobilien Media, Holländerstraße 71, 13407 Berlin (the "Contractor") and the client for photography, film and visualisation services, floor plans, tours and related work.

Deviating terms of the client do not form part of the contract unless the Contractor agrees to them in writing. This applies even where the Contractor performs the work knowing of conflicting terms.

Individual agreements in a specific case take precedence over these terms.

2. Quotations and formation of contract

Presentations on the website are non-binding and do not constitute an offer. Quotations by the Contractor are without obligation and, unless stated otherwise, valid for 14 days.

The contract is formed on the Contractor’s confirmation in text form, or at the latest when performance begins. Confirmation by email satisfies the text form requirement.

3. Services and the client’s cooperation

The scope of work follows from the quotation. Creative execution, in particular selection of images, framing, perspective and post-production, is at the Contractor’s artistic discretion unless expressly agreed otherwise.

The client ensures access to the property at the agreed time and that the property is ready to be photographed, unless preparation by the Contractor has been expressly agreed. The client names a contact person and discloses any particularities of the property in advance.

Delays caused by lack of access or inadequate preparation are the client’s responsibility; additional work arising is charged on a time basis.

4. Prices, travel and payment

The prices stated in the quotation apply. All prices are net and exclude statutory VAT where it is chargeable.

Travel outside the area named in the quotation is set out in the quotation in advance and is not charged afterwards.

The fee falls due in three instalments: 40 % on placing the order, 40 % after the shoot and 20 % on delivery of the finished files.

The first instalment is payable before the appointment. The Contractor is not obliged to begin work before it has been received.

Invoices are due without deduction within 15 days of the invoice date. After that period the client is in default; the statutory consequences apply, in particular default interest under § 288 BGB and, against businesses, the flat fee under § 288(5) BGB. The client bears the costs of enforcement.

5. Appointments, cancellation and cancellation fees

Appointments are binding once agreed. A reserved appointment blocks a working day and generally cannot be filled at short notice.

If the client cancels or postpones a binding appointment, the first instalment of 40 % is retained by the Contractor as liquidated damages and is not refunded. The client remains entitled to show that no loss arose at all, or that it was substantially lower than the flat amount; in that case the amount is reduced accordingly.

Where the appointment is merely postponed and takes place within 30 days, the instalment is credited to the new date.

If performance is impossible for reasons within the client’s responsibility, in particular lack of access to the property, the appointment counts as used.

Where weather prevents the appointment going ahead as planned, for example for exterior, drone or twilight work, it is rescheduled at no additional cost.

6. Delivery, revisions and archiving

Delivery is digital, by download link, in the agreed formats. There is no entitlement to raw files, unedited frames, project files or 3D models.

The number of revision rounds stated in the quotation is included. Further change requests are charged on a time basis.

The Contractor keeps delivered files for a reasonable period but owes no archiving obligation. The client is responsible for their own backups.

7. Usage rights

The Contractor remains the author of the works created. Usage rights are granted; copyright is not transferred.

On payment in full, the client receives a non-exclusive right, unlimited in territory and time, to use the delivered works to market the specific property commissioned. This covers property portals, the client’s own website, brochures, social media and print material.

Not included without separate agreement: transfer or sub-licensing to third parties, in particular to other agencies or to the owner for independent marketing; resale; use for other properties; and inclusion in stock libraries.

Modifications that change the character of the work, in particular cropping beyond format adjustment, colour changes, retouching and compositing, require the Contractor’s consent. Format adjustments for portals are permitted.

Any use before payment in full is prohibited. Where the client’s marketing mandate for the property ends, the usage right ends with it unless agreed otherwise.

The Contractor remains entitled to use the works for self-promotion, in particular in the portfolio, on the website and on social media, unless the client objects for legitimate reasons.

8. Attribution

Under § 13 UrhG the Contractor has the right to be named as the author. For publication in print and on the client’s website, attribution is to be given in the customary form.

On property portals that make no technical provision for attribution it may be omitted. A general waiver of the right of attribution requires separate agreement.

9. Third-party rights, people and drones

The client ensures that the consents required for the shoot are in place, in particular those of the owner and occupants, and any consents of identifiable people required under § 22 KUG.

Where artworks, trade marks or protected designs of third parties form part of the property, the client is responsible for clearing the rights for publication.

Drone work is carried out only where it is legally permitted at the location and the necessary permissions are held. Where flight is not permitted, that element is dropped without substitution; the remainder of the engagement is unaffected.

The client indemnifies the Contractor against third-party claims arising from breach of these obligations.

10. Retainers

Retainers may be agreed for ongoing work. They govern in particular the price per property, reserved capacity and invoicing.

Retainers have no minimum term and may be terminated by either party at the end of a calendar month. Appointments already firmly agreed are unaffected.

11. Defects and liability

Obvious defects must be notified in text form within 14 days of delivery. The Contractor has the right to remedy them.

Differences in style, selection or colour treatment that fall within artistic discretion are not defects. Nor are colour differences caused by the client’s uncalibrated displays.

The Contractor is liable without limit for intent and gross negligence and for injury to life, body or health. For simple negligence liability arises only for breach of a material contractual obligation and is limited to foreseeable damage typical of this type of contract.

For loss of data the Contractor is liable only up to the cost that would have been necessary for recovery had the client maintained proper backups.

12. Confidentiality and data protection

Both parties treat information learned in the course of the engagement as confidential, in particular details of properties, owners and prices.

Processing of personal data is governed by the privacy policy on this website.

13. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. In relation to consumers this choice of law applies only where it does not remove the protection of mandatory provisions of the state of their habitual residence.

Where the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Berlin.

Amendments and additions require text form. Should any provision be invalid, the validity of the remainder is unaffected.

Last updated: 2026.