Preamble

These General Terms and Conditions aim to achieve a fair balance of interests between the photographer and the client.

I. Definitions

  1. Photographic work. The term “photographic work” refers to the result of work performed by the photographer for the client in accordance with the agreement between the parties.
  2. Photographer. The “photographer” is the person commissioned to perform the photographic work.
  3. Client. The “client” is the person who orders the photographic work from the photographer.
  4. Parties. The “parties” are the photographer and the client.
  5. Copy of the photographic work/Copy. Any reproduction of the photographic work in analogue or digital form on a (data) carrier (in particular on paper, slide, CD-ROM, computer hard drive) or online (in particular in computer networks, on websites) is considered a “copy of the photographic work” or a “copy”.

II. Execution of the Photographic Work

  1. Subject to written specifications from the client, the design of the photographic work is entirely at the photographer’s discretion. In particular, they have the sole decision on the technical and artistic design tools, such as lighting and image composition, and the selection of means for their implementation.
  2. Special themes and ideas of the client will be discussed and documented in advance.
  3. The photographer may use assistants of their choice in the execution of the photographic work.
  4. The shooting equipment required for the execution of the photographic work is provided by the photographer.
  5. Unless otherwise agreed in writing, the client is responsible for ensuring that the locations, objects and persons required for the photographic work are available in good time.
  6. If the client postpones a shooting session to a later date less than two days before the scheduled date, or fails to meet their obligations, the photographer is entitled to reimbursement of costs already incurred (including third-party costs). In addition, they are entitled to compensation amounting to 50% of the fee that would have been owed according to the current SIYU tariff for the cancelled shooting session.
  7. The rule in clause II.6 also applies if a shooting session is postponed to a later date less than two days before the start due to unfavourable weather conditions.
  8. The place of fulfilment is the photographer’s place of business. If the client asks the photographer to send them the completed photographic work or copies thereof (physically or electronically), the risks of transport are borne by the client.
  9. The agreed fee is due including VAT and — unless otherwise agreed in writing — is to be paid within 30 days of invoicing.

III. Photographer’s Liability

  1. The photographer is only liable, including warranty liability, for intentional and grossly negligent conduct. This limitation of liability also applies to the conduct of their employees and assistants.
  2. The client must assert defect claims in writing within six working days of the delivery date, otherwise the photographic work is deemed approved and no further claims may be made.
  3. The maximum liability amount is limited to the photographer’s fee.

IV. Use of the Photographic Work by the Client

a. In general

  1. The client may only use the photographic work for the purpose agreed with the photographer and for the agreed period. If no such period has been agreed, the duration is determined by the purpose of the assignment. Any use contrary to the agreement obliges the client to pay the photographer compensation amounting to 150% of the fee owed according to the SAB tariff applicable at the time of contract conclusion.
  2. Only the client is entitled to make use of the photographic work within the framework of the agreement with the photographer. Without mutual written agreement, the client is not entitled to grant third parties the right to use the photographic work.
  3. When using the work as agreed with the photographer, the client must mention the photographer’s name in an appropriate form. With the preceding © symbol and a following or similar notice agreed with the photographer (e.g. “All rights reserved by…”). If the notice is omitted, the client additionally owes compensation amounting to 50% of the fee payable for the unlawful use of the photographic work according to the SAB tariff applicable at the time of contract conclusion.
  4. The provisions of the Federal Act on Copyright and Related Rights (CopA) are reserved.
  5. The copyright notice reads: “© haefelfinger.photo” or “All rights reserved by haefelfinger.photo”
  6. For commercial assignments, an individually extended licence is available.

b. Rights of Third Parties

  1. If the client has instructed the photographer to photograph (certain) persons as part of the photographic work, the client must ensure that these persons have given their consent to being photographed and to the subsequent use of the photographic work within the scope of the contract purpose.
  2. If the client has provided the photographer with objects and/or equipment or indicated specific locations to be photographed as part of the photographic work, the client must ensure that no third-party rights prevent the creation of the photographic work and its subsequent use within the scope of the contract purpose.
  3. If the obligations set out in the two preceding paragraphs are violated, the client undertakes to reimburse the photographer for any payment (e.g. damages) to which they may be obligated in favour of the rightful parties, and to compensate them for all costs incurred in connection with resolving the situation (e.g. costs related to settlement or court proceedings).

V. Use of the Photographic Work by the Photographer

  1. If it has been expressly agreed in writing in individual cases that the client receives the copyright to the photographic work, the photographer retains the right to use the photographic work for their own purposes, in particular on their own website, in portfolios, at art exhibitions, etc.
  2. There is the option to restrict use. In such cases, this is recorded in writing as part of the contract.

VI. References

  1. The photographer has the right at all times, particularly in publications (internet, printed matter), at exhibitions and in conversations with potential clients, to refer to the collaboration with the client and to the photographic work created for them.
  2. Upon client request, corresponding references can be excluded. This must be recorded in writing as an addendum to the contract.

VII. Delivery / Resolution

  1. Printed images are delivered directly by the external service provider connected for printing.
  2. Digital images are available for download directly in the client gallery.
  3. The maximum resolution of digital images may vary and depends on the camera used and any necessary corrections made to the image.
  4. Where technically possible, images are delivered at a resolution of at least 18 megapixels.

VIII. Applicable Law and Jurisdiction

  1. Swiss law applies exclusively to contracts between the client and the photographer.
  2. The exclusive place of jurisdiction is the photographer’s place of business.