GTC

Preamble:

These General Terms and Conditions (GTC) are intended to achieve a fair balance of interests between the photographer and her clients.

I. Definitions:

  1. Photographic work: The term "photographic work" means the result of work carried out by the photographer for the client in accordance with the agreement between the parties.

  2. Photographer: The "photographer" is the person commissioned to carry out the photographic work. The term "photographer" in these GTC naturally refers to persons of both genders and also includes photo designers.

  3. Client: The "Client" is the person who orders the photographic work from the Photographer. The term "Client" in these GTC naturally refers to persons of both genders.

  4. Parties: The "parties" are the photographer and the client.

  5. Copy of the photographic work / copy: Any reproduction of the photographic work in analogue or digital form on a (data) carrier (in particular on paper, slide, CD-ROM, computer hard disk) or online (in particular in computer networks, on websites) is deemed to be a "copy of the photographic work" or a "specimen".

II Execution of the photographic work:

  1. The design of the photographic work is entirely at the discretion of the photographer, unless written specifications have been provided by the client. This includes in particular the decision on technical and artistic design elements such as lighting and image composition.

  2. The photographer reserves the right to employ assistants of her choice to carry out the photographic work.

  3. The photographic equipment required for the photographic work is provided by the photographer.

  4. The customer is responsible for ensuring that the places (locations), objects and persons required for the photographic work are available in good time, unless otherwise agreed in writing.

  5. In the event of cancellation or withdrawal by the customer from the agreed photo shoot, the following conditions apply:

    • Cancellation up to 7 days before the agreed date: free of charge
    • Cancellation within 7 days before the agreed date: 50% of the agreed fee
    • Cancellation on the day of the agreed appointment or in case of no-show: 100% of the agreed fee

  6. The agreed fee plus VAT shall be paid within 30 days of invoicing, unless otherwise agreed in writing.

III Liability of the photographer:

  1. Under no circumstances shall the photographer be liable for damages, including liability for defects, unless these result from intentional or grossly negligent behaviour. This limitation of liability also extends to the behaviour of the photographer's employees and assistants.

  2. Complaints must be made in writing within six working days of the delivery date of the work. Otherwise, the photographic work shall be deemed approved and no further claims can be asserted.

IV. Use of the photographic work by the customer: a. In general:

  1. The customer may only use the photographic work for the purpose and for the period agreed with the photographer. In the event of use contrary to the agreement, compensation shall be payable in accordance with the applicable rates.

  2. Only the customer is authorised to make use of the photographic work within the scope of the agreement. Without a mutual written agreement, the customer is not authorised to grant third parties the right to use the photographic work.

  3. The customer must mention the photographer's name when using the photographic work. In the event of omission, additional compensation must be paid.

  4. The provisions of the Federal Act on Copyright and Related Rights remain reserved.

b. Rights of third parties:

  1. The customer must ensure that persons, objects and places that are to be photographed as part of the photographic work have given their consent to the use of the photographic work.

  2. In the event of a breach of these obligations, the customer must reimburse the photographer for any payments and bear any costs incurred.

V. Use of the photographic work by the photographer:

The photographer retains the right to use the photographic work for her own purposes.

VI Applicable law and place of jurisdiction:

  1. Contracts between the photographer and the customer shall be governed exclusively by Swiss law.

  2. The exclusive place of jurisdiction is the photographer's place of business.

These GTC are based on the applicable provisions of the Swiss Association of Picture Agencies and Archives (SAB) and are intended to provide a clear basis for the business relationship between the photographer and her clients.