Terms and Conditions

Terms and conditions


 


Field of application


1) The present terms and conditions apply to all the orders, offers, deliveries and services realized by the photographer. They are valid for every phase of creation, and in particular for photos created numerically.

2) They are considered agreed by the reception of the photographer's offer by the customer or by the reception of the delivery or with the service of the photographer by the customer.

3) Within the framework of a relation of existing business, the terms and conditions also apply, without express authorization, to all the future orders, offers, deliveries or services of the photographer.


 


Photographer's services, rights and duties of the customer


4) Unless otherwise agreed between the parties, the design of the photographic work is left to the photographer's judgement.

5) The photographer is responsible for the purchase of cameras and different equipment necessary for the realization of the order.

6) The photographer can call on auxiliaries (assistants, beauticians, stylists, etc.) of his choice for the execution of the photographic works.

7) The customer recognizes that photos delivered by the photographer are copyrighted works in the sense of the LDA (federal Law of October 9th, 1992 on the copyright).

8) The proposals of presentation or concepts ordered by the customer constitute autonomous services subjected to remuneration.

9) Photos created analogically and numerically, in particular the data in the RAW format, remain the property of the photographer. The customer has no retention rights on the delivered photos.

10) The customer has to take the highest care of the photos which are provided to him.

11) The complaints relative to the contents, to the quality or the state of photos must be communicated within 8 days as from their reception by request in guarantee. If not, photos are considered accepted.

12) The customer has to watch the availability or accessibility of the people, objects and places necessary for the execution of the order.

13) If the customer omits to settle his bond (planned by the paragraph 12) or if he pushes away a session less than two working days before fixed date, he has to pay off expenses already caused as well as expenses of third parties. Besides, the photographer can aspire to a compensation equivalent to 50 % of the fees suited for the session.

14) It is not the photographer responsability to obtain the authorization of people to be photographed (Model Release) or of the owner of property (Location Release) to use the photos when the customer described the people or the places which must be photographed.

15) The photographer can quote the customer as the reference, in particular under written or electronic form (Internet).


 


Usage rights


16) With the delivery and the payment of the work, the customer acquires an operating license of the photographic work in the agreed frame. This license does not authorize the customer to grant sublicenses to thirds.

17) In case of exploitation against what was suited, the customer has to settle to the photographer an operating license of an amount equivalent to 150 % of the fees of shooting, and to the least equal to 150 % of the corresponding price list of the ASBI (Swiss Association of Picture libraries and Photographiques Archives).

18) The photographer can use freely photos for his own advertising. Subject to opposite convention, he can also grant them in license to thirds as far as he was able to obtain the authorization (Model Release) of the photographed people or the owner of the property (Location Release).

19) The rights of exclusivity and deadlines in favour of the customer have to be the object of a different agreement and a remuneration.

20) Any modification of photos by composition or analog or digital assembly to create a new work protected by the copyright requires the prior written authorization of the photographer.

21) Photos cannot be signed, taken in reconstruction or used as motive for an image.

22) If such is the usual practice, the customer has to watch to quote duly the name of the author during the use of the work.

23) In case of use of photos by the photographer in his own purposes or grant of license for thirds, the photographer watches not to break the rights of third by the representation of people, objects or locations.


 


Responsabilities


24) The photographer answers only on premeditation or serious carelessness.

25) The limitation of responsibility (of the paragraph 24) also applies to the behavior of the employees and auxiliaries of the photographer.

26) In case of complaints against the photographer on behalf of third which authorized the customer (according to the paragraph 14) to use photos, the customer takes at his/her expense the claims in damages and the expenses incurred within the framework of the dispute.

27) Photos cannot be used as to falsify the sense. The customer answers on top of the apposition of a correct legend on the pictures.

28) The photographer cannot be made responsible for dysfunctionalities among third parties applications (Google Street View, Matterport, hosting providers, ...)


 


Fees


29) The fees suited by the parts are subjected to the value-added tax (since the photographer is subjected to the value-added tax) and payable in 10 days following the invoicing, subject to particular convention.

30) For the rich and varied productions, in particular with important financial advances of the photographer, the latter can aspire to a deposit of an amount in the least equivalent to a third of production costs.

31) Expenses and outlays necessary for the execution of the order, such as the fees of the auxiliaries(aids,assistants) and models as well as the expenses of equipment, the costs of rent of a studio, sites of shots, accessories, the traveling costs, the outlays, etc., are not included in the fees and are chargeable to the customer.

32) The processing of digital productions (RAW conversions, adjustments of colors and tones, choice of photos, retouching, etc.) is separately charged.

33) A fixed price camera fee may apply for digital productions. It does not correspond to the costs of processing and it is calculated according to the scale and to the reach of the used equipment.

34) The fees (aimed at the paragraph 29) are payable entirely, even if the ordered and delivered photos are not used.

35) The delivery of photos coming from archives of the photographer gives rise to a tax of use of archives, in addition to the fee. This tax is calculated on the basis of the price list of ASBI.


 


Choice and applicable law


36) The exclusive choice-of-law and the place of execution are the place of residence or the headquarter of the photographer, including in case of deliveries abroad. The present contract is subjected to the Swiss laws. The compulsory choice-of-law remains reserved.