general terms and conditions

AGB Stand: 01. Januar 2020

Preamble

The GTCs are intended to achieve a fair balance of interests between photographers and customers.
“Photographer” is synonymous with Select Photography GmbH.

I. Definitions

Photographic work
The term “photographic work” means the result of work performed by the photographer for the customer in accordance with the agreement reached between the parties.
Photographer
The “photographer” is the person commissioned to carry out the photographic work.
Client
The “Customer” is the person who orders the photographic work from the photographer orally, in writing or online.
Parties
The “parties” are the photographer and the customer.

Copy of the photographic work / copy
Any reproduction of the photographic work in analogue or digital form shall be deemed to be a “copy of the photographic work” or “copy”.

II. performance of the photographic work

Subject to written instructions from the customer, the design of the photographic work is entirely at the discretion of the photographer. In particular, the photographer has the sole right to decide on the technical and artistic means of design such as lighting and image composition.

In the execution of the photographic work, the photographer may use auxiliary persons of his choice.

The cameras and materials as well as other equipment necessary for the photographic work will be provided by the photographer.

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

III. payment and delivery conditions

In general
The fee agreed between the parties is due plus VAT for commercial customers and including VAT for private customers and is payable within 30 days of the invoice date. Until full payment has been received, the delivered material and the electronic image data remain the property of the photographer. For late payment, interest on arrears of 5%/year and reminder fees of CHF 10 for the first reminder and CHF 20 for the 2nd (= last) reminder will be charged.

The customer is obliged to accept the photographic work when placing an order. In the event of unjustified refusal to accept the photographic work, the photographer shall charge the costs incurred to the customer.

Customer-Shooting on site (outdoor shooting)
If the Client postpones a photographic session less than two days before the date of the session to a later date, or if the Client fails to meet his obligations under II, paragraph 4, the Photographer shall be entitled to reimbursement of any costs already incurred (including third-party costs). In addition, he is entitled to compensation. This compensation is calculated on the basis of the SBf tariff and amounts to 50% of the fee that would have been owed for the performance of the cancelled photo session according to the tariff.
This rule 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 unfavourable weather conditions.

Photo shoot at Select Photo Studio
Customers who register online for a photo shoot with the photographer and reconfirm the reservation commit themselves in any case to pay the agreed fee. The Photographer may, at his own discretion, issue a voucher to the Customer in the event of excusable absences when paying by invoice. If payment is made by credit card, any credit will be made to the same credit card less a handling and expense fee.

Commercial use of the photos by private customers

General: Image data are never included in the photographer’s fee for private orders. The private copyright for the original image data can be purchased separately and does not entitle the photographer to use the images commercially.

V. Vouchers and special offers

Vouchers for a photo shoot that are not redeemed within one year of the date of issue are worth as much as the photo shoot cost on the date of issue of the voucher and not as much as the photo shoot costs on the day the voucher is redeemed.
Special offers lose their binding force if they are not accepted within the specified period.

VI. place of performance

Place of performance is the photographer’s place of business. If another place of performance is determined, the photographic work or copies of this work shall travel at the risk of the recipient.

VII. liability of the photographer

The photographer is only liable for intentional and grossly negligent behaviour. The limitation of liability also applies to the conduct of his employees and auxiliary persons.

The photographer is obliged to keep the digital picture material of the customer for at least 6 months after the photo order. After this period the customer’s right to have the pictures archived by the photographer expires.

VIII. Warranty claims

The customer is obliged to examine the photographic work delivered by the photographer immediately upon receipt and to assert any damages, defects and complaints in writing within six working days from the date of delivery of the work, otherwise the photographic work shall be deemed approved and no further claims can be made.
The customer has the exclusive right to rectification of defects after the defective product has been returned. In the case of online orders, a rectification of defects due to deviations in characteristics of the product (e.g. colour differences between print and screen displays) is excluded. Image processing is at the discretion of the photographer.

X. Use of the photographic work by the client

In general
With the delivery and payment of the work, the customer acquires a license to use the photographic work within the agreed scope. This does not include any further licensing by the customer to third parties.
Any use contrary to the agreement obliges the customer to pay the photographer compensation in the amount of 100% of the fee owed for such use in accordance with the SAB tariff (Swiss Association of Picture Agencies and Archives).

The commercial customer must mention the name of the photographer in a suitable form when using the work as agreed with the photographer.

The provisions of the Federal Act of 9 October 1992 on Copyright and Related Rights (URG) remain reserved.

Rights of third parties
If the customer has indicated to the photographer which persons are to be photographed in the context of the photographic work, the customer must ensure that these persons have their
have given their consent to the use that the customer wishes to make of their image in the context of the use of the photographic work.

If the customer has given the photographer items or specified specific locations to be photographed in the context of the photographic work, the customer must
to ensure that no right of third parties prevents the use that the customer wants to make of the picture of these objects or places (locations) in the context of the use of the photographic work.

If the obligations provided in the two preceding paragraphs are violated, the customer undertakes to reimburse the photographer for any damages, to
order the defendant to pay all the costs of the proceedings against those entitled to benefit from them and to reimburse the applicant for all the costs of the proceedings.

XI Use of the photographic work by the photographer

Commercial customers
The commercial customer agrees that the photographic work may be used for the photographer’s self-advertising (in particular web presences). The photographer also retains the right to publish the photographic work in any form and on any medium, 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. However, this right of the photographer is subject to the prior consent of the customer. The Customer undertakes not to refuse its consent without good cause; the Customer who does not expressly refuse or limit its consent in writing within thirty days of the Photographer’s request for consent shall be deemed to have consented to such use.
In the event of the use of the photographic work by the photographer in the sense of the preceding paragraph, the photographer must ensure that the intended use does not violate any rights of third parties in the depiction of persons, goods or places.

Private customers
The private customer agrees that the photographic work may be used for the photographer’s own advertising, unless the private customer objects to this within one week of receiving the pictures.

XII. Applicable law and place of jurisdiction

The contracts concluded with the photographer are subject to Swiss law, even in the case of deliveries abroad. All changes and amendments concerning these General Terms and Conditions must be made in writing. The Photographer reserves the right to amend or supplement these General Terms and Conditions at any time