general terms and conditions
Status: Zurich, June 27, 2023
Preamble
The GTC are intended to achieve a fair balance of interests between Select Photography GmbH and customers. “Photographers” is synonymous with Select Photography GmbH.
I. Definitions
Photographic work
The term “photographic work” refers to the result of work carried out by the photographer for the client in accordance with the agreement made between the parties.
Photographer
The “photographer” is the person commissioned to perform the photographic work.
Customer
The “Client” is a natural or legal person who orders the photographic work from the Photographer verbally, in writing or online.
Parties
The “parties” are the photographer and the client.
Copy of the photographic work / copy
Any reproduction of the photographic work in analog or digital form shall be deemed a “copy of the photographic work” or a “specimen”.
II Performance of the photographic work
Subject to the customer’s written specifications, the design of the photographic work is left entirely to the photographer’s discretion. In particular, he has the sole right to decide on the technical and artistic means of design, such as lighting and image composition.
The photographer may use assistants of his choice to carry out the photographic work.
The photographic cameras and materials as well as other equipment required for the photographic work are provided by the photographer.
Unless otherwise agreed in writing, the customer shall be responsible for ensuring that the locations, objects and persons required for the photographic work are available in good time.
III Terms of payment and delivery
In general
The fee agreed between the parties, plus VAT for commercial customers, must be paid within 30 days of invoicing. The agreed fee for private customers includes VAT is due and, unless otherwise agreed, will be paid directly on site.
The material supplied and the electronic image data shall remain the property of the photographer until payment has been made in full. A default interest of 5%/year may be charged for late payment, as well as reminder fees of CHF 15 for the first reminder and CHF 25 for the 2nd (= last) reminder. Furthermore, a debt collection company is called in for further processing.
The customer undertakes to accept the photographic work when placing an order. In the event of an unjustified refusal to accept the photographic work, the photographer shall pass on the costs incurred to the customer.
Definition of the ‘money back guarantee’
During the agreed shooting period, the customer can cancel the order at any time without further payment. This shall be deemed a contractual withdrawal, in which case both the customer’s obligation to pay and the photographer’s obligation to perform shall lapse.
Once the shoot has been completed or the resulting material has been handed over to the customer, it is no longer possible to withdraw from the contract. The applicable legal provisions continue to apply.
Customer shoot on location (outdoor shoot)
If the customer postpones a shooting session to a later date less than two days before the scheduled date or fails to fulfill his obligations pursuant to II paragraph 4, the photographer shall be entitled to reimbursement of the costs already incurred (including third-party costs). He is also entitled to compensation. This amounts to 50% of the fee that would have been owed according to the tariff for carrying out the recording session that was canceled. 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 unfavorable weather conditions.
Photo shoot in the Select photo studio
Customers who make an appointment for a photo shoot with the photographer are obliged to pay the agreed fee in any case. Cancellation free of charge is possible up to 4 hours before the agreed appointment. If an appointment is canceled less than 4 hours before the start of the appointment, the customer is obliged to pay the full cost of the appointment.
Commercial use of photos for private customers
General: Image data is never included in the photographer’s fee for private assignments. Commercial use of the images is not permitted without commercial rights of use. The commercial copyright for the original image data can be purchased separately.
V. Vouchers and special offers
Vouchers for a photo shoot that are not redeemed within two years of the date of issue retain the value that the photo shoot had at the time the voucher was issued and not the value that the photo shoot has at the time the voucher is redeemed.
Special offers lose their validity if they are not accepted within the specified period.
VI Place of fulfillment
The place of fulfillment is the photographer’s place of business.
VII Liability of the photographer
The photographer is only liable for intentional and grossly negligent behavior. The limitation of liability also applies to the conduct of its employees and auxiliary persons.
The photographer is obliged to keep the customer’s digital image material for at least 6 months after the photo order. Thereafter, the customer’s claim to the archiving of the images by the photographer expires.
VIII. Warranty claims
The customer is obliged to inspect the photographic work delivered by the photographer immediately upon receipt and to report any damage, defects and complaints in writing within six working days of the date of delivery of the work, otherwise the photographic work shall be deemed approved and no further claims can be asserted.
The customer shall only have the right to rectification after the defective product has been returned. In the case of online orders, rectification due to deviations in product characteristics (e.g. color differences between print and screen images) is excluded. Image processing is at the discretion of the photographer.
X. Use of the photographic work by the customer
In general
Upon delivery and payment of the work, the customer acquires a license to use the photographic work within the agreed scope. This does not include sublicensing 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 remuneration owed.
The commercial customer must mention the name of the photographer in an appropriate form when using the work as agreed with the photographer.
The provisions of the Federal Act of October 9, 1992 on Copyright and Related Rights (CopA) remain reserved.
Third party rights
If the customer has informed the photographer of specific persons who are to be photographed as part of the photographic work, it is the customer’s responsibility to ensure that these persons have given their consent for the intended use of their image as part of the photographic work.
The customer shall also be responsible for ensuring that no third-party rights conflict with the intended use of the depicted objects or locations in the context of the photographic work, provided that the customer has handed over such objects to the photographer or has specified certain locations to be photographed.
Should the obligations described in the two paragraphs above be breached, the customer undertakes to reimburse the photographer for all damages to which the photographer could be ordered to pay in favor of the entitled third parties. In addition, the customer shall reimburse the photographer for all costs of the legal dispute with the authorized third parties.
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 own advertising purposes, in particular for websites. The photographer reserves the right to publish the photographic work in any form and on any media, to make it accessible to third parties or to make copies of the photographic work available to third parties.
If the photographer uses the photographic work in accordance with the above paragraph, he is obliged to ensure that no rights of third parties are infringed with regard to the depiction of persons, objects or places.
XII. Applicable law and place of jurisdiction
The contracts concluded with the photographer are subject to Swiss law, even for deliveries abroad. All amendments and additions to these General Terms and Conditions must be made in writing. The Photographer reserves the right to amend or supplement the General Terms and Conditions at any time.
The most important in a nutshell
Data protection
- No use of customer data for marketing purposes or newsletters.
- Photos are not published and belong only to the customer.
Booking an appointment in the photo studio
- Cancellation free of charge up to 4 hours before the start of the shoot, thereafter 100% charge.
- Cancellation of the shoot at no additional cost (“money back guarantee”). No right to withdraw from the contract after completion of the shoot.
Commercial rights of use
- Commercial usage rights are only included in the Business Packages. Commercial use of the images is not permitted without commercial usage rights.
- The commercial copyright for the original image data can be purchased subsequently.
Data retention:
- The photos are kept for at least 6 months. Thereafter, the customer’s claim to the archiving of the images by the photographer expires.
- The customer data will only be deleted after 10 years due to legal regulations.