Terms and Conditions

§ 1 Scope

(1) These Terms and Conditions apply to all contracts between MyStageShot (operator: Niklas Niepagen, Lohrweg 31, 56218 Mülheim-Kärlich, Germany) and customers (hereinafter “athlete” or “customer”) regarding the booking of competition photography and videography services as well as the related digital products, in particular image galleries and videos, concluded via the MyStageShot website.

(2) Only these Terms and Conditions apply. Any deviating, conflicting or supplementary terms of the customer do not become part of the contract unless their application has been expressly agreed to.

§ 2 Conclusion of contract

(1) The presentation of services on the website does not constitute a binding offer but an invitation to book.

(2) By submitting a booking or reservation via the booking form, the customer makes a binding offer to conclude a contract. The contract is concluded as soon as MyStageShot accepts the booking by confirmation email or the payment has been processed successfully.

§ 3 Description of services

(1) Stage Shot Reservation: For a payment of €50, the customer secures photographic coverage of their competition class at a specific competition selected during the booking process. The reservation guarantees the provision of at least 3 images from the respective class after the competition.

(2) The number of images actually available depends in particular on the athlete’s result (participation in the final or preliminary round only) as well as on external factors such as the course of the competition and the photographers’ ability to shoot. No specific quota beyond the guaranteed 3 images is assured.

(3) After the competition, the customer receives access to an individual watermarked preview gallery. Depending on the current offering, the following options in particular may be available there:

• use of the minimum number of images already included;
• purchase of a “Perfect Shot” (curated single image);
• purchase of the complete available gallery (“Stage Shot”); the reservation fee already paid is taken into account in line with the pricing shown during the booking or ordering process;
• purchase of a “Long Shot” (reel or video of the individual presentation), provided that such an individual presentation takes place and the offering is available for the respective athlete.

(4) A subsequent purchase without a prior reservation is possible insofar as corresponding footage is available. The prices shown at the time of purchase apply. Without a prior reservation, no specific number or availability of images is guaranteed.

(5) Personal Content Add-on: At Santa Susanna and comparable multi-day events, an additional package limited in time and quantity — for example for training content, a beach shoot or a recap video — may be offered in addition to the competition coverage. The package is only available in combination with an existing competition coverage booking and may, due to limited capacity, be restricted to a certain number of athletes per event.

§ 4 Prices and payment

(1) The prices stated on the website at the time of booking or ordering apply. For consumers, all prices include statutory value added tax at the applicable rate, insofar as such tax is incurred.

(2) Payment is made via the payment service provider Stripe offered on the website, using the payment methods available there. Upon completion of the booking or order, the reservation amount or purchase price shown becomes due for payment immediately.

(3) For bookings relating to events outside Germany, the VAT treatment is governed by the applicable statutory provisions. Only the final price shown during the booking process is decisive for the customer.

§ 5 Delivery and provision

(1) The booked images and videos are provided digitally via individual gallery access. Delivery normally takes up to 10 working days after the respective competition, and in exceptional cases up to 20 working days.

(2) There is no entitlement to physical prints or storage media unless separately agreed.

§ 6 Right of withdrawal

(1) In the case of distance contracts, consumers generally have a statutory right of withdrawal, unless a statutory exception to the right of withdrawal applies.

(2) For contracts concerning services provided in connection with an event on a specific date or within a specific period, the statutory right of withdrawal may be excluded pursuant to section 312g(2) of the German Civil Code (BGB).

(3) For contracts concerning digital content not supplied on a tangible medium, the special statutory provisions on the right of withdrawal apply. In particular, the right of withdrawal may expire early under the statutory conditions if the customer expressly consents to performance of the contract beginning before the end of the withdrawal period and confirms their knowledge that the right of withdrawal may thereby lapse.

(4) Where a statutory right of withdrawal exists, the customer is informed about it in a separate withdrawal policy.

§ 7 Cancellation by the customer

(1) Irrespective of any statutory right of withdrawal that may exist, the customer may cancel booked photographic competition coverage in accordance with the following conditions.

(2) In the event of cancellation no later than 48 hours before the day of the event, the reservation amount already paid will be refunded in full.

(3) In the event of cancellation less than 48 hours before the day of the event, a refund of the reservation amount is generally excluded insofar as MyStageShot has already committed capacity as a result of the short-notice cancellation and the slot cannot be reallocated.

(4) The customer reserves the right to prove that MyStageShot incurred no loss, or a significantly lower loss, as a result of the cancellation.

(5) Once the booked photographic coverage has been fully performed, there is no entitlement to a refund of the agreed fee, unless statutory warranty, rescission or damages claims exist.

§ 8 Complaints / refunds

(1) If the guaranteed minimum service of 3 images from the booked class cannot be provided, any claims by the customer are governed by the statutory provisions and the circumstances of the individual case.

(2) There is no general entitlement to a refund based solely on personal dissatisfaction with the artistic or creative quality of the images, provided that the agreed service has been rendered in accordance with the contract. The photographic style of MyStageShot can be reviewed before booking in the portfolio published on the website.

§ 9 Rights of use in the delivered images/videos

(1) Upon payment in full, the customer receives a simple, unlimited-in-time right to use the purchased images and videos for private, non-commercial purposes and for publication on their own social media channels. Crediting MyStageShot is appreciated and, where agreed in the respective offering, required.

(2) Any commercial use beyond this, in particular by sponsors, companies, federations or for paid advertising, requires a prior separate agreement, unless a corresponding right of use has been expressly acquired.

(3) Copyright and other rights that remain with the author by law are unaffected.

§ 10 Personal image rights / use by MyStageShot

(1) The processing of the footage for the purpose of performing the booked service is governed by the contract and the privacy policy.

(2) Publication or use of recognisable images of the customer beyond the performance of the contract — for portfolio, website, social media or other marketing purposes of MyStageShot — takes place only where a corresponding legal basis exists.

(3) Where consent is required for such use, it is obtained separately and voluntarily. Granting consent is not a prerequisite for booking or performing the photographic or media service.

(4) Consent granted may be withdrawn at any time with effect for the future. The lawfulness of processing carried out up to the point of withdrawal remains unaffected.

(5) For underage athletes, the applicable statutory requirements apply in addition; where necessary, the approval or consent of a legal guardian is obtained.

§ 11 Liability

(1) MyStageShot is liable without limitation for intent and gross negligence as well as for culpable injury to life, body or health.

(2) In the case of slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical of the contract. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.

(3) To the extent permitted by law, MyStageShot is not liable for impediments to performance outside its own sphere of control, in particular access restrictions or short-notice changes to the schedule by organisers as well as comparable external circumstances. If the contractually guaranteed minimum service cannot be provided as a result, the customer’s mandatory statutory claims remain unaffected.

§ 12 Data protection

(1) Information on the nature, scope, purposes and legal bases of the processing of personal data can be found in the separate MyStageShot privacy policy available on the website.

(2) The privacy policy does not form part of these Terms and Conditions unless expressly agreed otherwise.

§ 13 Amendments to these Terms

(1) In principle, the version of these Terms and Conditions incorporated at the time the contract was concluded applies to that contract.

(2) Amendments to these Terms generally apply only to future contracts. Where amendments are exceptionally intended to affect an existing contractual relationship, this only occurs in compliance with the statutory requirements.

§ 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. Vis-à-vis consumers, this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the state in which they have their habitual residence.

(2) Should individual provisions of these Terms and Conditions be or become wholly or partly invalid, the validity of the remaining provisions remains unaffected.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the registered place of business of MyStageShot. The same applies if the customer has no general place of jurisdiction in Germany, to the extent permitted by law.

§ 15 Consumer dispute resolution

MyStageShot is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.