General Terms and Conditions (GTC) of Swiss professional photographers and filmmakers  (SBF)

preamble

The general 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.

3. Customer. The "customer" is the person who orders the photographic work from the photographer.

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

5. Copy of the photographic work / specimen. Any reproduction of the photographic work in analog or digital form on a data medium, in particular on paper, slides, CD-DVDROMs, computer hard drives or other storage media, is considered a "copy of the photographic work" or as a "copy".

II. Performance of Photographic Work

1. 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 solely entitled to decide on the technical and artistic means of design, such as lighting and image composition.

2. When carrying out the photographic work, the photographer can use assistants of his choice.

3. The cameras and materials as well as other equipment required for the photographic work are provided by the photographer.

4. 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.

5. If the customer postpones a recording session to a later date less than two days before its date or if he fails to fulfill his obligations 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 based on the SBf tariff and amounts to 50% of the fee that would be due according to the tariff for the canceled recording session.

6. 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.

7. The place of fulfillment is the place of business of the photographer. If the customer asks the photographer to send him the photographic work done, or copies of this work, the risks of transport pass to the customer.

8. The fee agreed between the parties is owed plus VAT and must be paid within 30 days of invoicing or in cash.

III. Prices

1. The prices are in Swiss francs (CHF). These are to be expected from CHF 180.00 per hour. The fee agreed between the parties is due plus VAT (if the photographer is subject to VAT) and is payable on the agreed date. In the case of extensive productions, in particular with large financial advance payments by the photographer, the photographer is entitled to an advance payment of at least one third of the production costs. Costs and expenses required for the execution of the order, such as fees for assistants and models as well as equipment rentals, costs for rental studios, recording locations, props, travel expenses, expenses, etc. are not included in the fee and are borne by the customer. In the case of digital productions, image processing (RAW conversions, color and tonal value adjustments, image selection, retouching, etc.) will be invoiced separately. For digital productions, a flat-rate camera fee applies. This is not identical to the costs for image processing and is calculated according to the size and scope of the equipment used. The fee must also be paid in full if the commissioned and delivered image material is not used.

2. In the case of private persons, advance payment in cash, advance payment to a bank account or by card before the agreed date always applies.

3. We reserve the right to change prices.

IV. Liability of Photographer

1. 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.

2. The customer must submit his complaint in writing within six working days from the delivery date of the work, otherwise the photographic work is deemed to have been approved and no further claims can be asserted.

V. Use of the Photographic Work by the Client in general

1. The customer may only use the photographic work for the purpose agreed with the photographer. Any use contrary to the agreement obliges the customer to pay the photographer compensation amounting to 150% of the fee owed according to the SAB tariff (Swiss Working Group of Image Agencies and Archives).

2. Only the customer is entitled to use the photographic work within the framework of the agreement made with the photographer. Without a mutual written agreement, the customer is not entitled to grant third parties the right to use the photographic work.

3. The customer must mention the name of the photographer in a suitable form when using the work with the photographer. Preceded by the sign © or a similar statement agreed with the photographer. If the note is omitted, the customer owes compensation of 50% of the fee in addition to the agreed fee, which would have to be paid for the illegal use of the photographic work according to the SBf tariff.

4. The provisions of the federal law of October 9, 1992 on copyright and related rights (URG) remain reserved.

Third party rights:

1. If the customer has indicated to the photographer which persons are to be photographed as part of the photographic work, the customer must ensure that these persons have given their consent to the use that the customer may make of their image in the context of using the photographic want to do work.

2. If the customer has handed over objects 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 conflict with the use that the customer makes of the image of these objects or places (locations) in the context of using the photographic work.

3. In the event of a breach of the obligations provided for in the two preceding paragraphs, the Client undertakes to reimburse the Photographer for any damages that the Photographer may be liable to pay in favor of the Beneficiaries and to reimburse him for all costs of litigation against the Beneficiaries.

VI. Use of the Photographic Work by the Photographer

1. 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 provide third parties with copies of the photographic work to hand over work. 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 ten days of the photographer's application for authorization shall be deemed to have consented to the respective use.

2. In the event that the photographer uses the photographic work within the meaning of the preceding paragraph, the photographer must ensure that the intended use does not infringe any third-party rights to the depiction of persons, goods or places.

VII. References

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

VIII. Governing Law and Jurisdiction

1. Swiss law is exclusively applicable to contracts between the customer and the photographer.

2. Exclusive place of jurisdiction is the place of business of the photographer.

 

Version: May 16, 2020

Swiss professional photographers and photo designers

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