These General Terms and Conditions (GTC) apply to all orders, offers, deliveries and services performed by the photographer or his agent. They also apply in particular to digitally generated images. They shall be deemed to have been agreed upon acceptance of the photographer's offer by the customer or acceptance of the delivery or performance of the photographer by the customer. In the context of an ongoing business relationship, the terms and conditions apply even without explicit approval for all future orders, offers, deliveries or services of the photographer.
Services of the photographer, rights and obligations of the customer
Unless otherwise agreed between the parties, the design of the photographic work is left to the discretion of the photographer. The customer acknowledges that the photographic material provided by the photographer is copyrighted works within the meaning of the URG (Federal Act on Copyright of October 9, 1992). Analog and digitally produced images, especially RAW files, remain the property of the photographer. The customer has no right to retention of provided images.
Complaints relating to the content, quality or condition of the picture material must be notified within 8 days of receipt by means of a complaint. Otherwise, the artwork will be considered approved.
The customer is responsible for ensuring that the persons, objects and locations required to complete the contract are available or accessible. If the customer does not comply with the obligation or if he postpones a recording session less than two working days before the appointment, he is liable for compensation for the costs already incurred and third party costs. In addition, the photographer is entitled to compensation equal to 50% of the agreed fee for the recording session. If the customer has designated the persons or places to be photographed, it is up to the customer to obtain the consent of the persons to be photographed or persons authorized to use the image material for the intended purpose.
The photographer may provide the customer with a reference, in particular in written or electronic form.
Only the customer is entitled to make use of the photographic work within the framework of the agreement made with the photographer. Without mutual written agreement, the customer is not entitled to give third parties the right to use the photographic work.
With the delivery and payment of the work, the customer acquires a license to use the photographic work within the agreed framework. In the event of use contrary to the agreement, the customer is obliged to pay the photographer a license for use in the amount of 150% of the admission fee.
The photographer may use the picture material for self-promotion and may license it to third parties, unless otherwise agreed.
Exclusive rights in favor of the customer must be separately agreed and remunerated.
Alterations of the image material by analogue or digital composing or montage for the production of a new copyrighted work are permitted only with the prior written consent of the photographer. The footage may not be signed off, postponed, or used as a subject in the image. When using the work, the customer must, as usual, provide for a proper name.
In the case of the use of the photographic material by the photographer for his own purposes or in the case of a licensing to third parties, the photographer ensures that the reproduction of persons, things or places does not violate the rights of third parties.
The photographer is liable only for intentional and grossly negligent behavior. This also applies to the liability for defects. The limitation of liability also applies to the behavior of employees and assistants of the photographer.
In case of claims against the photographer on the part of third parties, who have given the customer their consent to the use of the photographic material, the customer assumes compensation claims and legal costs in case of dispute.
The picture material may not be used in a way that makes sense. The customer also bears the responsibility for the correct caption of the image material.
The agreed fee between the parties is owed and payable within 30 days of invoicing.
Costs and expenses required for the execution of the contract, such as fees for assistants and models and equipment rentals, costs for the rental studio, accommodation locations, props, travel expenses, expenses, etc. are not included in the fee.
The fee is payable in full even if the commissioned and delivered images are not used.
License terms when purchasing a digital copy
By paying the agreed license fee, the licensee receives exclusively the usage rights defined below. Basically, the licensee only acquires the right to use the photographic copyright. Any other rights involved, such as those depicted, trademarks, works of art, buildings and the like. must be independently clarified and obtained by the licensee for the intended use.
Use in presentations or on web site, including dissemination within this presentation in electronic or individually printed form. Use in print media and other traditional printed matter (brochures, posters, flyers, etc.) is excluded. Within the same enterprise the repeated use is permitted. Use for different use cases (for example multiple projects in the sense of individual customer orders) is not permitted. In this case the license right must be bought several times.
Resale or redistribution of an image is not permitted. Exempted is the transfer as part of a larger work or the transfer of provided, separately provided images with logo branding of the author.
The licensee does not exclusively acquire the rights of use for the WEB and presentation image.
The images may be slightly modified by the licensee for his purpose. In particular, modifications that distort the original image statement in such a way that personal damage such as reputational damage is imposed on the author, as well as amendments that are restricted and prohibited by other rights (personality rights, trademark rights, etc.) are not permitted. In these cases, the written permission must be obtained from the copyright holder.
In addition, the pictures may not be used:
for the purpose of unauthorized and punishable acts
in pornographic context
in a degrading and reputation-damaging manner for the depicted person (s) as well as
in degrading and reputation-damaging way for the photographer
if it has to be assumed that the person (s) depicted would not be in agreement with the planned publication. In this case, an explicit written authorization must be obtained from this person (s).
Furthermore, use is not permitted if it must be assumed that third parties can assert rights (for example, to private labels, buildings, works of art etc.) on the picture. In this case, the right-holder must obtain in writing the application-specific authorization.
Illegal use of the pictures
Licensee must, at the request of the author, prove the lawful use of purchased images (for example, specimen copies, screenshots). In case of any unauthorized use or transfer of the photographic material, a contractual penalty of CHF 1'000.-- has to be paid to the author. Reserved are further claims for damages and legal action.
When using images, the author must be mentioned. However, this may, if space or optical requirements not directly under the image or the side of the image is possible (web site, flyers, etc.), also in other well-visible place (imprint, etc.). The copyright notice reads:
At no time may the use of images give the impression that the use of the content is free from the rights of others.
Jurisdiction and applicable law
The exclusive place of jurisdiction and place of fulfillment is the place of residence or business of the photographer, also for deliveries abroad.Substantive Swiss law applies to this contractual relationship.Mandatory jurisdictions reserved.