Terms and Conditions

preamble

The terms and conditions are intended to achieve a fair balance of interests between the photographer and the customer.

I. Definitions

1. Photographic work.

The term "photographic work" means the result of work performed by the photographer for the client in accordance with the agreement reached between the parties.

2. Photographer.

The "photographer" is the person commissioned to perform the photographic work. The term "photographer" in these terms and conditions naturally refers to persons of both sexes. It also includes photo designers.

3. Customer.

The "customer" is the person who orders the photographic work from the photographer. The term “customer” in these GTC naturally refers to persons of both sexes.

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) medium (especially on paper, slides, CD-ROM, computer hard drive) or online (especially in computer networks, on websites) is considered a «copy of the photographic work» or as « Copy".

II. Execution of the photographic work

Subject to written specifications from the customer, the design of the photographic work is entirely at the discretion of the photographer. In particular, he is entitled to the sole decision on the technical and artistic means of design, such as lighting and image composition, and the selection of the means for their implementation.
When carrying out the photographic work, the photographer can use assistants of his choice.
The photographer will provide the recording equipment required to carry out the photographic work. / The cameras and materials as well as other equipment required for the photographic work are provided by the photographer.
Unless otherwise agreed in writing, the customer is responsible for ensuring that the locations, objects and people required for the photographic work are available in good time.
If the customer postpones a recording session to a later date less than two days before its date or if he does not fulfill his obligations, for example according to Section II.4. not later, the photographer is entitled to reimbursement of the costs already incurred (including third-party costs). In addition, he is entitled to compensation. This is calculated on the basis of the tariff applicable or agreed at the time the contract was concluded and amounts to 50% of the fee that would be due according to the tariff for the execution of the canceled recording session.
The rule of Section II.5. also applies if a recording session is postponed to a later date less than two days before the start of the recording session due to unfavorable weather conditions.
The place of fulfillment is the place of business of the photographer. If the customer asks the photographer to send him the completed photographic work, or copies of this work (physically or electronically), the risks of transport pass to the customer.
The fee agreed between the parties is owed plus VAT and – unless otherwise agreed in writing – is to be paid within 30 days of invoicing.
Reminder fees are incurred from the 2nd reminder. This is CHF 40.-. Any further expenses and fees incurred will be charged 100% to the debtor.

III. Liability of the Photographer

The photographer is liable, including liability for defects, only for intentional and grossly negligent behavior. The limitation of liability also applies to the behavior of his employees and assistants.
The customer must notify defects in writing within six working days of the delivery date of the work, otherwise the photographic work is deemed to have been approved and no further claims can be asserted. The creative interpretation of the photographer is excluded from this.
If the photographer is unable to work at short notice due to force majeure, he will endeavor (if requested by the customer) to find a replacement photographer who will provide his services at his own expense. There is no entitlement to this. We are not liable for additional costs caused by third-party bookings.
The photographer is obliged to keep the customer's digital image material for at least 12 months beyond the photo order. Thereafter, the customer's right to archiving of the images by the photographer expires.
The photographer is not liable for technical defects (failure of camera, defective memory cards, etc.) which are material-related or caused by force majeure. However, it is in the interest of the photographer to check his equipment for efficiency and functionality.

IV. Client's Use of the Photographic Work

a. In general

The customer may only use the photographic work for the purpose agreed with the photographer and for the agreed period of time. If no such period has been agreed, the duration is determined by the purpose of the order. Any use contrary to the agreement obliges the customer to pay the photographer compensation amounting to 150% of the fee owed according to the tariff applicable at the time the contract was concluded.
Only the customer is entitled to use the photographic work within the framework of the agreement made with the photographer. The customer is not entitled to grant third parties the right to use the photographic work without a mutual written agreement.
The customer must mention the name of the photographer in a suitable form when using the work with the photographer. With the symbol  in front and a suffix or a similar note agreed with the photographer (e.g. "All rights reserved by ..."). If the note is omitted, the customer owes, in addition to the agreed fee, compensation of 50% of the fee that would have to be paid for the unlawful use of the photographic work according to the tariff applicable at the time the contract was concluded.
The provisions of the federal law of October 9, 1992 on copyright and related rights (URG) remain reserved.

b. Third Party Rights

If the customer has indicated to the photographer that (specific) persons will be photographed as part of the performance of the photographic work, the customer must ensure that these persons give their consent to the photograph being taken and to the subsequent use of the photographic work within the scope of the contractual purpose to have.
If the customer has handed over objects and/or equipment to the photographer or has given him specific locations that are to be photographed as part of the photographic work, the customer must ensure that no third party rights to the creation of the photographic work and its subsequent use within the framework of contrary to the purpose of the contract.
If the obligations provided for in the two previous paragraphs are breached, the Client undertakes to reimburse the Photographer for any payment (e.g. damages) that the Photographer may be obliged to make in favor of the beneficiaries and for any costs incurred in connection with the rectification of the situation (e.g. costs in connection with settlement or court hearings).

V. Use of the Photographic Work by the Photographer

If it has been expressly agreed in writing in an individual case that the customer receives the copyright to the photographic work, the photographer retains the right to use the photographic work for his own purposes, in particular on his own website, in portfolios, at art exhibitions, etc.
The photographer reserves the right to publish the photographic work in any form and on any medium (in particular on the Internet), to make it accessible to third parties, to grant third parties an exclusive or non-exclusive license to use the photographic work or to allow third parties copies of the photographic work hand over. However, this right of the photographer is subject to the prior consent of the customer. The customer undertakes not to refuse his consent without good cause; the customer who does not expressly refuse or restrict his consent in writing within thirty days of the photographer's application for authorization shall be deemed to have consented to the respective use.
If the photographer uses the photographic work in the sense of the preceding paragraph, the photographer must ensure that the intended use does not infringe any rights of third parties to the depiction of people, goods or places.

VI. references

The photographer has the right at all times to refer to the collaboration with the customer and to the photographic work created for him, particularly in publications (internet, printed matter), at exhibitions and in discussions with potential customers.

VII. Governing Law and Jurisdiction

Swiss law is exclusively applicable to contracts between the customer and the photographer.
The exclusive place of jurisdiction is the place of business of the photographer.