Terms & Conditions

Preamble

These Terms and Conditions are intended to establish a fair balance of interests between the photographer and the client.

I. Definitions

Photographic Work
The result of a photographic service provided by the photographer to the client in accordance with the agreed arrangement.

Photographer
The person commissioned to provide the photographic service (gender-neutral). This term also includes photo designers.

Client
The person ordering the photographic work (gender-neutral).

Parties
The photographer and the client.

Copy of the Photographic Work
Any reproduction of the photographic work, whether in analog or digital form (print, USB, online gallery, etc.).

II. Execution of the Photographic Work

  1. Unless otherwise agreed in writing, the artistic and technical execution of the photographic work is at the discretion of the photographer.

  2. The photographer may engage assistants or third parties of their choosing.

  3. All necessary photographic equipment is provided by the photographer.

  4. The client is responsible for providing access to locations, objects and persons required for the execution of the photographic work.

  5. In the event of a short-notice postponement (less than 2 days) or failure to fulfil the obligations under section II.4, the client shall bear all incurred costs and pay 50% of the agreed fee. This also applies to postponements due to weather conditions.

  6. The place of performance is the photographer’s registered business address. Any shipping or delivery risks are borne by the client.

  7. The agreed fee is payable within 30 days of invoicing and is subject to applicable Swiss VAT, unless otherwise stated.

III. Liability of the Photographer

  1. The photographer is liable only for intent and gross negligence, including the actions of any assistants.

  2. Any defects must be reported in writing within 6 working days of delivery. After this period, the photographic work shall be deemed accepted.

IV. Use of the Photographic Work by the Client

a. General Use

  1. The client may use the photographic work only within the scope and purpose agreed upon.

  2. Any additional or extended use requires payment of 150% of the standard fee according to applicable Swiss photography association guidelines (SAB).

  3. Use by third parties is prohibited without the photographer’s prior written consent.

  4. When publishing the images, the photographer must be credited (e.g. © Photographer’s Name). Failure to do so will result in a surcharge of 50% of the agreed fee.

  5. Swiss copyright law (URG) applies.

b. Third-Party Rights

  1. The client is responsible for obtaining consent from any persons depicted in the images.

  2. The client must ensure that no third-party rights are infringed (e.g. property rights, location permissions).

  3. The client shall indemnify the photographer against any claims, costs or damages arising from violations of third-party rights.

c. Prohibition of Alterations

The delivered images may not be altered, manipulated, cropped or edited (including filters or presets), either digitally or analog, without the photographer’s prior written consent.

d. Transfer of Usage Rights

Usage rights shall only take effect after full payment of the agreed fee.

e. Archiving and Data Retention

Digital image files will be archived for a period of up to 6 months after delivery. After this period, no guarantee is given regarding data availability.

V. Use of the Photographic Work by the Photographer

Unless otherwise agreed in writing, the photographer is entitled to use the photographic work for self-promotion and professional purposes (website, portfolio, social media, exhibitions, etc.).

VI. References

The photographer may at any time refer to the collaboration with the client and display the created photographic work as part of their portfolio.

VII. Data Protection

Personal data is collected and processed in accordance with applicable data protection laws. Further details can be found in the Privacy Policy.

VIII. Governing Law and Jurisdiction

Swiss law shall apply exclusively. The exclusive place of jurisdiction is the photographer’s registered business address in Switzerland.