General Terms & Conditions (GTC)

Preamble
These General Terms and Conditions aim to ensure a fair balance of interests between the photographer and the client. By confirming the assignment, both parties explicitly agree to these terms.

I. Definitions

Photographic Work
The term “photographic work” refers to the result of a service performed by the photographer for the client, in accordance with the agreement made between the two parties.

Photographer
The “photographer” is the person commissioned to carry out the photographic work. The term “photographer” applies equally to all genders and includes photo designers.

Client
The “client” is the person who commissions the photographic work from the photographer. The term “client” also applies to all genders.

Parties
The “parties” are the photographer and the client.

Copy of the Photographic Work / Copy
Any reproduction of the photographic work, whether analog or digital, on a (data) carrier (e.g. paper, slide, CD-ROM, computer hard drive) or online (e.g. websites, computer networks), is considered a “copy of the photographic work” or simply a “copy”.

II. Execution of the Photographic Work

Unless otherwise specified in writing by the client, the artistic and technical design of the photographic work is entirely at the discretion of the photographer. This includes all decisions regarding lighting, image composition, and the means used to achieve the final result.

The photographer may involve assistants of their choice in executing the photographic work.

All equipment required for the photographic work will be provided by the photographer.

Unless otherwise agreed in writing, the client is responsible for ensuring that all necessary locations, objects and people required for the shoot are available on time.

If the client reschedules a photo session less than 48 hours before the agreed date or fails to meet their obligations as outlined (e.g. II.4), the photographer is entitled to reimbursement for any costs already incurred (including third-party costs). Additionally, the photographer is entitled to compensation amounting to 50% of the fee that would have been payable for the cancelled session, based on the current SBF (Swiss Professional Photographers and Film Creators) guideline rates.

This clause also applies in the event of rescheduling due to bad weather less than 48 hours before the session.

The place of performance is the photographer’s registered business address. If the client requests that the photographic work or copies thereof be delivered (physically or digitally), any shipping risk shall be borne by the client.

The agreed fee is payable in Swiss francs (CHF), plus VAT, and is due within 30 days of invoice issuance unless agreed otherwise in writing.

III. Liability of the Photographer

The photographer accepts liability – including liability for defects – only for intentional or grossly negligent behavior. This limitation of liability also applies to assistants and employees of the photographer.
The client must report any defects in writing within six working days of delivery. After this period, the photographic work is considered accepted, and no claims may be asserted.
IV. Use of the Photographic Work by the Client

a. General Terms
The client may only use the photographic work for the purpose and duration agreed with the photographer. If no duration is specified, it shall be determined based on the nature of the assignment. Any unauthorized use obliges the client to pay compensation of 150% of the standard fee according to the SAB (Swiss Association of Image Agencies and Archives) at the time the contract was concluded.

Only the client has the right to use the photographic work within the agreed terms. Without mutual written agreement, the client may not grant usage rights to third parties.

When using the work as agreed, the client must give appropriate credit to the photographer, e.g. with the © symbol and the photographer’s name or a similar agreed notice (“All rights reserved by ...”). Omission of this credit entitles the photographer to a 50% surcharge in addition to the agreed fee, based on the SAB’s rates.

The provisions of the Swiss Federal Copyright Act (URG) remain unaffected.

b. Third-Party Rights
If the client requests specific individuals to be photographed, they are responsible for obtaining consent from those individuals for both the photography and the agreed use of the resulting images.

If the client provides objects, equipment or access to locations to be photographed, they must ensure no third-party rights are infringed upon by the creation or use of the photographic work.

If these obligations are breached, the client agrees to reimburse the photographer for any payments (e.g. damages) that may be required to be made and to cover all costs associated with resolving the issue (e.g. legal fees or settlements).

V. Use of the Photographic Work by the Photographer

Unless explicitly agreed in writing that the client receives full copyright ownership, the photographer retains the right to use the work for their own purposes – including on their website, in portfolios, exhibitions, or artistic showcases.

VI. References

The photographer reserves the right to refer to the collaboration with the client and to present the resulting work in publications (online or print), exhibitions, or in conversations with prospective clients.

VII. Governing Law & Jurisdiction

Swiss law shall exclusively apply to all agreements between the photographer and the client.
The place of jurisdiction is the photographer’s registered business location.

X. Copyright

All copyright and intellectual property rights to images, photographs, and content on this website belong solely to the company or the specifically named rights holders. Any reproduction of elements from this site requires prior written permission from the copyright holder.