AGB

AGB/GENERAL TERMS AND CONDITIONS

SERVICE TERMS

(Photography, Drone Services, Artistic Work, Design Work, Commissions, Mixed Projects)

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1. Contracting Party

1.1

The contracting party is Joseph Hubbard, operating as a freelance artist and photographer under §18 EStG (Germany).

Joseph Hubbard provides services internationally from his base in Germany.

1.2

The names:

• Joseph Hubbard Photography

• Joseph Hubbard Design

• Hubbard.art

are brand and service labels used by Joseph Hubbard to distinguish different creative service categories.

They are not separate legal entities.

1.3 Business information

Joseph Hubbard

Im Hopfengarten 14

63628 Bad Soden-Salmünster

Germany

Phone: +49 176 63190084

Email: joseph@hubbard.art

VAT ID: DE453944229

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2. Nature of Services

2.1

Joseph Hubbard provides artistic, creative, and photographic services.

He does not operate as a traditional graphic designer, advertising agency, or industrial photographer.

2.2

All services are performed personally by Joseph Hubbard unless subcontracting is expressly agreed.

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3. Artistic and Design Services (Artwork, Illustration, Packaging Concepts)

3.1

Artistic and design services include, but are not limited to:

• Creation of artwork, illustrations, and fine-art visuals

• Artistic concepts for packaging, labels, or product lines

• Visual direction, moodboards, creative concepts

• Artistic interpretation or adaptation of existing ideas

• Free artistic works created without commission (one-of-a-kind objects, experimental art)

3.2

These services are artistic in nature. Technical graphic design, branding, advertising design, or corporate identity development are explicitly excluded unless otherwise agreed.

3.3

Joseph Hubbard does not offer:

• Vector-based logo engineering

• Corporate branding systems

• Marketing text or SEO-optimized copywriting

• Social media management

• E-commerce mass photography

• Standard packshots or industrial product photography

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4. Photography Services (Ground-Based Photography)

4.1

Photography services include:

• Portrait photography

• Event and on-location photography

• Fine-art creative photography

• Artistic or conceptual photo sessions

• Personal, documentary, or visually interpretive photography

• Custom client photography sessions

4.2

Photography services do not include:

• Mass-production e-commerce photography

• Large-batch package shots

• Industrial product photography

• Studio-grade catalog photography

• Delivery of RAW files (unless contractually agreed)

4.3

The artistic interpretation of the subject—including color grading, composition, and style—remains at the discretion of Joseph Hubbard.

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5. Drone Photography & Drone Video Services

5.1

Drone services include:

• Artistic aerial compositions with creative influence

o Aerial photography and video

o Aerial landscape, architecture, and outdoor scenes

o Aerial documentation for artistic purposes

5.2

All drone operations are conducted in compliance with Regulation (EU) 2019/947, including:

• Restrictions on flying over crowds

• No flights in restricted zones without permits

• No flights over private property without explicit permission

• Weather- and safety-dependent operations

• Maximum-altitude and distance rules per category

5.3

The client is responsible for obtaining location-specific approvals where required (e.g., landowner permission, municipal permits).

5.4

Joseph Hubbard reserves the right to decline or abort any drone flight if safety, weather, or legal compliance require it.

5.5

Drone footage and photography are created with artistic influence, and the artistic interpretation is not subject to client control.

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6. Pricing for Photography & Drone Services

6.1 Standard Photography Rates

• €300 for the first 2 hours (plus VAT)

• €75 per additional 30 minutes (plus VAT)

6.2

The first 2 hours must be fully booked prior to the session.

Travel fees may apply beyond 30 km from Bad Soden-Salmünster.

6.3 Drone Services

• €300 for the first hour from take-off (plus VAT)

• Additional charges apply if special permits, insurance, equipment, or location requirements are needed.

6.4 Deposit

A 50% non-refundable deposit is required for all photography and drone bookings.

The remaining balance is due before the delivery of the final files.

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7. Pricing for Artistic & Design Services

7.1 Design & Artwork Base Fee

All design or artistic project work begins with a €300 base fee (plus VAT) for the first 2 hours.

A mandatory flat-rate fee covering the first two (2) hours of work is required before the Designer begins the project. This fee includes initial planning, client consultation, technical setup, and the creation of early draft material. If these tasks are completed in less than two hours, the remaining time is applied directly to the design work.

7.2

This base fee must be paid in advance before any work begins.

No consultation, preparation, research, or sketching will begin prior to payment.

7.3 Additional Time

• €100 per hour (plus VAT), billed in 30-minute increments

7.4 Billable Activities Include:

• Planning, concept development, and research

• Creative direction and layout drafting

• Illustration, artwork creation, and revisions

• Meetings, calls, and correspondence

• File preparation, exporting, proofing

• Packaging and delivery of physical artworks

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8. Mixed Projects (Photography + Design + Artwork + Drone)

8.1

If a project includes both photography and design/artwork, both pricing models apply.

8.2

Time is tracked separately:

• Time spent on photography → photography rates

• Time spent on drone → drone rates

• Time spent on design → design rates

• Time spent on artwork creation → artwork rates

8.3

The client receives a transparent, itemized time sheet.

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9. Client Responsibilities

9.1

The client must provide accurate information, approvals, and instructions.

9.2

The client must obtain any required permissions for locations, buildings, private properties, or restricted areas.

9.3

If a project is delayed due to missing information or approvals, time may be billed.

9.4

Clients must back up delivered digital files; Joseph Hubbard is not responsible for long-term storage.

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10. Delivery of Digital Files

10.1

Edited digital files will be delivered electronically via download link unless otherwise agreed.

10.2

RAW files are not provided unless this is explicitly agreed and compensated separately.

10.3

File formats are determined by Joseph Hubbard unless the client specifies requirements before project start.

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11. Revisions & Corrections

11.1

Design and artwork projects include revisions billed according to the applicable hourly rate.

11.2

Photography color grading and artistic interpretation are not subject to unlimited revision. Only corrections for technical errors may be requested.

11.3

Drone footage and photographs are delivered with artistic interpretation; retakes are subject to availability and weather limitations.

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PART 2

ONLINE SHOP TERMS

(Print sales, physical products, digital files, shipping, returns, custom work)

This section governs everything related to sales, including:

✔ Fine art prints

✔ Posters

✔ Canvases

✔ Framed prints

✔ Digital downloads

✔ Handmade artworks

✔ Shipping

✔ Returns

✔ Refunds

✔ Damage reporting

✔ International orders

✔ Duties & taxes

✔ Custom orders

✔ Cancellation limits

All under German law.

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12. Scope of Online Shop Terms

12.1

These terms apply to all sales transactions, including:

• Fine art prints

• Poster prints

• Canvases

• Framed artwork

• Original artistic pieces

• Handmade or crafted art

• Digital products (photos, artwork files, licenses)

• Any physical artwork (physical goods) sold by Joseph Hubbard

• Any artwork or product sold through hubbard.art or josephhubbardphotography.com

12.2

By placing an order through the website, email, or direct invoice, the customer enters a binding contract.

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13. Product Descriptions & Representation

13.1

Product colors, textures, and visual appearance may vary based on monitor calibration, lighting, and print production processes.

13.2

All dimensions, color tones, paper descriptions, and framing options are provided to the best of knowledge but are not guaranteed to be exact.

13.3

Minor deviations in color, size, or print appearance are considered industry-standard tolerances and not defects.

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14. Pricing, Taxes & Payment Methods

14.1

All prices are listed in euros (€) and Do NOT include VAT, unless clearly stated otherwise.

14.2

Applicable taxes are calculated based on:

• German VAT for EU customers

• Reverse charge or zero VAT for eligible international customers

14.3

Accepted payment methods include:

• PayPal

• Credit/debit cards

• Bank transfer

• Shopify Payments

• Additional online payment processors available through the website

14.4

Orders may require full payment upfront before manufacturing or shipping begins.

14.5

Prices may change at any time but do not affect confirmed orders.

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15. Shipping & Delivery of Physical Goods

15.1

Physical prints and products are produced on demand and shipped after production.

15.2

Delivery times vary depending on the product, production method, courier, and destination.

15.3

Joseph Hubbard is not liable for:

• Courier delays

• Customs processing delays

• Import restrictions

• Weather-related delays

• Transport issues outside reasonable control

15.4

International orders may incur customs duties, import taxes, or handling charges.

These must be paid by the customer.

15.5

If a package is returned due to incorrect address or failure to accept delivery, the customer is responsible for re-shipping costs.

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16. Delivery of Digital Products

16.1

Digital products (e.g., photography downloads, artwork files, licenses) are delivered electronically.

16.2

Delivery is typically immediate but may require manual approval.

16.3

Once digital products are downloaded, no refund can be granted.

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17. Damage During Shipping

17.1

If a product arrives damaged, the customer must:

• Notify Joseph Hubbard within 7 days of delivery

• Provide clear photographic evidence of the damage

• Retain the packaging for inspection by the courier if required

17.2

Replacements will be provided where appropriate but cannot be guaranteed if:

• The provided evidence is insufficient

• The damage was caused after delivery

• The customer failed to report within the required timeframe

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18. Returns & Withdrawal (Right of Withdrawal – EU Consumers)

18.1

EU consumers have a legal 14-day withdrawal period.

18.2

This right applies to non-customised physical products only.

18.3

The withdrawal period does not apply to:

• Custom-made products

• Made-to-order prints

• Personalized art

• Commissioned artwork

• Digital downloads

• Files delivered electronically

• Items manufactured to customer specifications

18.4

To exercise the right of withdrawal, the customer must notify Joseph Hubbard within 14 days in writing.

18.5

Returned items must be:

• Unused

• Undamaged

• In their original packaging

• Shipped at the customer’s expense

18.6

Refunds are issued after the returned item is received and inspected.

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19. Custom Orders & Commissioned Work

19.1

Custom-made products, commissioned art, custom photography, and personalized items are non-refundable.

19.2

The customer acknowledges that custom work is based on artistic interpretation.

Minor differences from expectations do not constitute a defect.

19.3

Once production of a custom product begins, cancellation is not possible.

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20. Ownership of Physical Goods

20.1

Ownership of physical artwork passes to the customer only after full payment.

20.2

Digital artwork ownership never transfers.

Only usage rights apply according to Part 3 (Copyright).

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21. Storage & Archiving

21.1

Joseph Hubbard does not guarantee long-term storage of:

• Digital images

• Designs

• Artwork files

• Project files

• RAW data

21.2

The customer must download and securely back up all delivered files.

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22. Customer Requirements for International Orders

22.1

The customer is responsible for ensuring that imports comply with the laws of their country.

22.2

Refunds will not be issued for:

• Items rejected by customs

• Items confiscated due to local law

• Delays due to international processing

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23. Platform Use & Third-Party Providers

23.1

The online shop may use third-party providers such as:

• Shopify

• Print-on-demand manufacturers

• PayPal / payment processors

• Shipping providers

• Analytics tools

23.2

These third-party providers may store and process data outside Germany or the EU.

Processing is governed by their individual privacy policies.

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PART 3

LEGAL SECTIONS

(Copyright, Usage Rights, GDPR, Cookies, Liability, Governing Law, Jurisdiction, Final Clauses)

This section completes your full Master AGB, written in legal-style English and governed exclusively by German law.

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24. Copyright & Intellectual Property

24.1

Unless expressly agreed in writing, all copyrights, intellectual property rights, and moral rights remain with Joseph Hubbard in accordance with the German Copyright Act (UrhG §§ 7, 15 ff.).

24.2

The customer receives a simple (non-exclusive), non-transferable usage licence, limited to the purpose agreed in the contract.

24.3

Usage rights are granted only after full payment.

24.4 The customer is expressly forbidden to:

• Modify, alter, retouch, or redesign artwork or photography

• Remove signatures, watermarks, or identifying marks

• Create derivative works

• Sell, sub-license, or transfer rights to any third party

• Use the work beyond the agreed purpose

24.5

Extended or exclusive rights may be purchased for an additional fee and must be confirmed in writing.

24.6

RAW files, working files, base illustrations, sketches, editable vectors, and design source files remain the property of Joseph Hubbard unless expressly purchased.

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25. Copyright for Physical and Digital Goods

25.1

The purchase of a physical object (print, canvas, framed art, handmade piece) does not include any copyright or digital usage rights.

25.2

Digital downloads are licensed, not sold.

The customer receives only the permitted usage rights.

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26. Right of Use for Photography Clients

26.1

Photography clients receive usage rights appropriate for the assignment:

• Personal use

• Private printing

• Personal sharing

• Commercial use if agreed

26.2

Commercial clients must obtain extended rights for:

• Advertising

• Print campaigns

• Publishing

• Commercial websites

• Merchandising

• Product packaging

• Commercial distribution

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27. GDPR & Data Protection

27.1

Joseph Hubbard processes personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and German data protection law (BDSG).

27.2

Data may be collected for:

• Order processing

• Communication

• Payment transactions

• Delivery of goods

• Website analytics

• Legal obligations

27.3

Personal data is not sold or transferred to unauthorized third parties.

27.4

Data may be shared with service providers:

• Payment processors (PayPal, Shopify Payments, credit card processors)

• Print manufacturers

• Shipping carriers

• Hosting and cloud services

• CRM and communication platforms

27.5

Clients may request access, correction, or deletion of their data in writing.

27.6

Full privacy policy is available separately on the website and forms part of these terms.

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28. Cookies & Third-Party Tools

28.1

The website uses cookies and analytics tools to ensure proper functionality.

28.2

Third-party services may include:

• Google Analytics

• Shopify analytics

• Meta/Facebook integration

• Maps, fonts, embedded media

• Print-on-demand partner tools

• Social media plug-ins

28.3

The customer consents to the use of such tools by using the website.

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29. Liability

29.1

Joseph Hubbard is liable only for intentional misconduct or gross negligence, in accordance with German law.

29.2

Liability is excluded for:

• Minor deviations in print color, paper texture, or material tone

• Loss of data after delivery

• Damages caused by third-party providers (printers, shippers, couriers)

• Service interruptions beyond reasonable control

• Delays caused by force majeure

• Losses due to incorrect addresses or customer-provided errors

• Weather-related failures or restrictions in drone services

• Incompatibility of digital files with customer systems

29.3

Drone flights are inherently dependent on environmental, safety, and legal conditions. Joseph Hubbard is not liable for cancellations or limitations imposed by law or weather.

29.4

No guarantee is given for long-term storage or archiving of digital files.

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30. Warranty (Gewährleistung)

30.1

Legal warranty applies to consumer purchases of physical goods.

30.2

Warranty does not apply to:

• Creative differences in artistic interpretation

• Custom-made or commissioned artwork

• Digital goods once delivered

• Damage caused after delivery

• Incorrect handling or installation by the customer

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31. Force Majeure

31.1

Joseph Hubbard is not liable for delays or failure to perform caused by events beyond reasonable control, including but not limited to:

• Natural disasters

• Weather conditions

• Power outages

• Shipping delays

• Supplier failures

• Political events

• Legal restrictions

31.2

In such cases, deadlines may be adjusted or services postponed.

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32. Governing Law & Jurisdiction

32.1

All contracts are governed exclusively by the laws of the Federal Republic of Germany, without regard to conflict-of-law rules.

32.2

The exclusive place of jurisdiction, where legally permissible, is:

Bad Soden-Salmünster, Germany

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33. Language

33.1

These Terms & Conditions are provided in English for international accessibility.

33.2

In cases of translation or interpretation disputes, the German legal meaning shall prevail.

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34. Final Provisions

34.1

Changes, amendments, or additional agreements require written form.

34.2

If any individual clause is found invalid, the remainder of the terms remain in full effect.

34.3

These Terms & Conditions supersede all prior agreements.