Terms and Conditions
For Editorial Experiences, photographic commissions and personal branding work.
Version: August 2026
Please note: this English text is a courtesy translation provided for your convenience. The legally binding version is the German one, which you find at sarahbakker.de/agb. In case of any discrepancy, the German wording prevails.
Separate terms and conditions apply to digital products purchased through my sales platform ablefy. You find them on the respective checkout page.
§ 1 Scope and contracting party
(1) These Terms and Conditions (hereinafter “Terms”) apply to all contracts for photographic
services, Editorial Experiences and personal branding work between
yes Foto & Design, owner Sarah Bakker
Hindenburgstraße 8, 26122 Oldenburg, Germany
Email: sarah@yes-fotodesign.com · Phone: +49 151 12289635
VAT identification number: DE357016655
(hereinafter “the Provider”) and the client (hereinafter “the Client”).
(2) A consumer is any natural person who enters into a legal transaction for purposes that are
predominantly outside their trade, business or profession (§ 13 German Civil Code, BGB). An
entrepreneur is a natural or legal person or a partnership with legal capacity who, when
entering into a legal transaction, acts in the exercise of their trade, business or profession
(§ 14 BGB).
(3) Deviating or supplementary conditions of the Client do not become part of the contract unless
the Provider expressly agrees to them in writing.
(4) The version of these Terms valid at the time the contract is concluded shall apply.
§ 2 Subject matter of the services
(1) The Provider renders photographic services as well as concept, design and guidance services
in the field of personal branding. The specific scope of services follows exclusively from the
Provider's individual offer.
(2) The Provider renders her services at her own creative discretion. The selection of motifs,
framing, post-production and design is hers, unless the offer states otherwise.
(3) The Provider may involve third parties in rendering the service, in particular stylists, hair
and make-up artists and assistants.
(4) No particular commercial outcome is owed. The Provider does not owe legal, tax or business
consultancy.
(5) The Client's travel, accommodation and meals are not part of the contract unless the offer
expressly states otherwise. The Client books and pays for these independently and on her own
account. The Provider does not arrange travel services.
§ 3 Conclusion of contract
(1) The presentation of services on this website does not constitute a binding offer. An enquiry
via the contact form is non-binding and does not establish a contract.
(2) Following the enquiry and a preliminary conversation, the Provider sends an individual offer
in writing. It contains the scope of services, the date, the total price, the payment terms and
the cancellation terms under § 6.
(3) The contract is concluded once the Client accepts the offer in writing. The Provider confirms
the conclusion of the contract on a durable medium (§ 312f para. 2 BGB).
(4) Contracts concluded exclusively by means of distance communication are distance contracts
within the meaning of § 312c BGB. In that case, consumers have the right of withdrawal set out
in § 5.
§ 4 Prices and payment
(1) Towards consumers, all prices are total prices including statutory VAT. Towards entrepreneurs,
VAT is stated separately.
(2) Where the offer provides for a deposit, that deposit is credited against the total fee. The
deposit is due upon conclusion of the contract; the remaining amount at the point stated in the
offer.
(3) If the Client cancels, § 6 applies. Any right of withdrawal under § 5 remains unaffected; in
the event of an effective withdrawal, a deposit already paid is refunded in accordance with the
withdrawal instructions.
(4) Where instalment payment has been agreed, the number, amount and due dates of the instalments
as well as the total amount follow from the offer. If the Client is more than 14 days in default
with an instalment, the Provider may, after prior reminder setting a reasonable deadline, declare
the outstanding remaining amount due.
(5) In the event of default in payment, statutory default interest applies.
(6) The Client is entitled to a right of retention or set-off only insofar as her counterclaim has
been established by final court decision, is undisputed, or has been acknowledged by the
Provider.
(7) The image files are delivered after payment has been made in full.
§ 5 Right of withdrawal for consumers
(1) In the case of distance contracts, consumers have a right of withdrawal in accordance with the
withdrawal instructions below.
(2) If the Client expressly requests that the Provider begin performing the service before the
withdrawal period expires, she owes compensation for the value of the services rendered up to
that point in the event of withdrawal (§ 357 para. 8 BGB). The Client gives the corresponding
declaration in the offer by actively ticking the relevant box.
(3) In the case of services, the right of withdrawal expires once the Provider has performed the
service in full and the Client, before performance began, expressly consented and confirmed her
awareness that she loses her right of withdrawal upon complete performance of the contract.
(4) Entrepreneurs have no right of withdrawal.
Withdrawal instructions
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day the contract was concluded.
To exercise your right of withdrawal, you must inform us (yes Foto & Design, owner Sarah
Bakker, Hindenburgstraße 8, 26122 Oldenburg, Germany, phone: +49 151 12289635, email:
sarah@yes-fotodesign.com) by means of a clear declaration (for example a letter sent by post or an
email) of your decision to withdraw from this contract. You may use the model withdrawal form
below for this purpose, though it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning
your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you
without undue delay and no later than fourteen days from the day on which we receive notification
of your withdrawal from this contract. We will use the same means of payment as you used for the
original transaction, unless you have expressly agreed otherwise; in no event will you be charged
any fees for such reimbursement.
If you requested that the services begin during the withdrawal period, you shall pay us an amount
which is in proportion to what has been provided until you have communicated to us your
withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it.)
To: yes Foto & Design, owner Sarah Bakker, Hindenburgstraße 8, 26122 Oldenburg, Germany,
sarah@yes-fotodesign.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the
following service: ______________________
Ordered on (*): ______________________
Name of consumer(s): ______________________
Address of consumer(s): ______________________
Signature of consumer(s) (only if notified on paper): ______________________
Date: ______________________
(*) Delete as applicable.
§ 6 Dates, rescheduling and cancellation
(1) The agreed date is binding. The Provider reserves that date exclusively for the Client and
accepts no other commissions for that period.
(2) Alternative date. If the Client cannot attend the agreed date, the Provider
will where possible offer an alternative date within six months. If an alternative date is
agreed, no flat-rate charge under paragraph 4 applies. Up to 14 days before the date, one
rescheduling is free of charge.
(3) Substitute client. If the Client names a substitute client who enters into
the contract on unchanged terms and the Provider agrees, the flat-rate charge under paragraph 4
likewise does not apply. Both parties will make an effort to find such a solution.
(4) If neither an alternative date nor a substitute client comes about and the Client cancels, the
following flat-rate damages become due, calculated from the agreed date:
more than 8 weeks in advance: 25 % of the total fee
8 to 4 weeks in advance: 50 %
4 to 2 weeks in advance: 75 %
less than 2 weeks in advance: 90 %
failure to attend without prior cancellation: 100 %
(5) Third-party costs. In addition to the flat-rate charge under paragraph 4, the
Client reimburses third-party costs incurred up to the cancellation which can no longer be
cancelled, in the amount evidenced, in particular for stylists, hair and make-up artists,
assistants, location rental, travel and accommodation costs of the Provider and her team, and
materials. On request, the Provider will itemise these costs and will make an effort to reduce
them.
(6) The Client expressly retains the right to demonstrate that no damage was incurred at
all or that it is substantially lower than the above flat rate. The Provider retains the
right to demonstrate higher actual damage; § 648 sentence 2 BGB remains unaffected.
(7) Any statutory right of withdrawal under § 5 remains unaffected. Within the withdrawal period,
the rights under § 5 take precedence over the provisions of this section.
(8) If the Provider cannot attend the date for a reason attributable to her, because of illness or
because of force majeure, she will offer an alternative date. If no alternative date comes about,
payments already made are refunded in full. Liability for the Client's cancellation or
rebooking costs for travel and accommodation exists only in cases of intent and gross
negligence.
(9) The Provider recommends that the Client take out travel cancellation and event insurance.
§ 7 Ongoing guidance contracts and termination
(1) Contracts for personal guidance over an extended period (personal branding 1:1) constitute
services of a higher nature within the meaning of § 627 BGB.
(2) Both parties may terminate such contracts at any time by ordinary notice. The statutory right
of termination under § 627 BGB is not excluded.
(3) In the event of termination, the Provider is entitled to remuneration for the services
rendered up to that point (§ 628 para. 1 BGB). Dates already firmly booked which can no longer
be used otherwise, as well as demonstrably incurred expenses for third parties, locations and
materials, are to be reimbursed.
(4) Individual appointments may be rescheduled free of charge up to 48 hours before they begin. In
the event of later cancellation, the appointment counts as rendered; the Client retains the right
to demonstrate that no damage, or lower damage, was incurred.
(5) The right to extraordinary termination for good cause remains unaffected.
§ 8 The Client's cooperation
(1) The Client provides the information and documents required for rendering the service in good
time.
(2) The Client arrives punctually for the agreed appointment. Delays shorten the shooting time
without giving rise to any claim to an extension or a reduction in price.
(3) If the Client brings additional people to the appointment, she ensures that they have
consented to the taking and use of the images. In the case of minors, the consent of both parents
with custody is required.
§ 9 Rights of use in the images
(1) The Provider is the author of the images taken. After payment in full, she grants the Client a
simple right of use, unlimited in time and territory, for the following types of use: the
Client's own website and landing pages, her own social media channels, newsletters and email
marketing, press and PR enquiries, her own print materials, and paid advertising for the Client's
own business.
(2) Unless the offer states otherwise, the following are not granted: transfer or sub-licensing to
third parties (§§ 34, 35 German Copyright Act, UrhG), the sale or transfer of the images for
consideration, use by affiliated companies or cooperation partners, and uploading to image
agencies or stock platforms.
(3) Editing: cropping and format adjustment for the respective platform are permitted. Colour
changes, filters, montages and the removal or addition of image content, including generative AI
editing, are not permitted (§ 39 UrhG).
(4) Use of the images for the training, fine-tuning or validation of artificial intelligence
systems, as well as feeding them into generative AI systems, is excluded. A reservation of use
within the meaning of § 44b para. 3 UrhG is hereby declared.
(5) When used on the website and in print materials, the Provider is to be credited with
“Photo: Sarah Bakker”. On social networks, tagging the Provider's profile is sufficient. If
further service providers were involved in the production, they will be communicated in advance
and are likewise to be credited recognisably on social networks.
(6) The Provider is entitled to use the images for her own promotional purposes insofar as the
Client has given separate consent. This consent is voluntary; the contract is concluded
independently of it and is performed on identical terms without it.
§ 10 Liability
(1) The Provider is liable without limitation for intent and gross negligence, for injury to life,
body or health, where a guarantee has been assumed, and under the German Product Liability Act.
(2) In the case of slightly negligent breach of a material contractual obligation, that is, an
obligation whose fulfilment makes the proper performance of the contract possible in the first
place and on whose observance the Client may regularly rely, the Provider's liability is limited
in amount to the damage typical for this type of contract and foreseeable.
(3) Otherwise, liability for slight negligence is excluded.
(4) The above limitations of liability also apply for the benefit of the Provider's employees and
agents.
(5) The Provider is liable for damage to items brought along by the Client in accordance with the
above principles. The Client is asked not to leave valuables unattended.
(6) The Provider maintains professional indemnity insurance. Details of the insurer and the
territorial scope can be found in the legal notice.
§ 11 Storage and data backup
(1) The Provider stores the image files for a period of twelve months after delivery. There is no
obligation to archive them beyond that.
(2) The Client is expected to back up the delivered files without delay.
§ 12 Confidentiality
Both parties will treat as confidential the confidential information and trade secrets of the other party which come to their knowledge in the course of the collaboration, and will not pass them on to third parties without prior consent. This obligation continues to apply after the contractual relationship has ended.
§ 13 Data protection
The Provider processes personal data in accordance with the privacy policy.
§ 14 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts
for the International Sale of Goods. Towards consumers, this choice of law applies only insofar
as it does not deprive them of the protection of mandatory provisions of the law of the state in
which they have their habitual residence.
(2) If the Client is a merchant, a legal person under public law or a special fund under public
law, the exclusive place of jurisdiction is Oldenburg.
(3) There are no verbal side agreements. Amendments and additions require written form.
(4) The Provider is neither willing nor obliged to take part in dispute resolution proceedings
before a consumer arbitration body.
(5) Should individual provisions of these Terms be or become invalid, the validity of the
remaining provisions remains unaffected.