General terms and conditions (GTC) 2018

Preamble

The general terms and conditions ensure a fair balance between the interests of the studio and the customer.

I. Definitions

1. Photographic work: The expression "photographic work" denotes the result of work done by the photographer for the customer according to the agreement reached between the parties.
2. Photographer: The photographer is the person or company commissioned to perform the photographic work.
3. Customer: The customer is the person or company, who orders the photographic work from the photographer.
4. Parties: The "parties" are the photographer, the customer or any other persons involved in the process to create the photographic work.
5. Copy of the photographic work/copy: Any reproduction of photographic work in analogue or digital form on a storage medium or online, in particular on paper, dipositives, CD or DVD, computer hard drives, is deemed to be a "copy of the photographic work" or "copy".

II. Scope and coverage

1. These general terms and conditions (GTC) are deemed to be accepted by the customer, when he/she orders a photographic work from the photographer.
2. If the customer does not accept these terms and conditions, he must refrain from placing an order.

III. Performance of the photographic work

1. Subject to the customer's written specification, the photographic work's design is left entirely to the discretion of the photographer. In particular, the photographer is entitled to the sole decision concerning the technical and artistic design medium such as, for example, lighting, background and image composition.
2. In carrying out the photographic work, the photographer may use auxiliary persons at his own discretion.
3. The photographer procures cameras and materials as well as other equipment that are necessary for the photographic work.
4. Subject to contrary written agreements, the photographer is responsible for ensuring that the locations, objects and persons necessary for the photographic work are available in good time.
5. Place of performance is the photographer's registered office. If the customer asks the photographer to send him/her the performed photographic work or copies of this work, the risks associated with the transport are transferred to the customer.
6. The private customer owes the fee agreed upon by the parties inclusive of VAT. The delivered material and electronic image data remain the property of the photographer until payment has been made in full.

IV. Photographer's liability

1. The photographer is only liable for intentional and grossly negligent conduct. This includes the liability for defects. The limitation of liability also applies to the behaviour of his employees and auxiliary personnel.
2. The customer can assert damage claims, if any, by written notice within five working days from the date of delivery, failing which the photographic work is deemed as approved and no further claims may be asserted.

V. Use of the photographic work by the customer

In general

1. The customer may not use the photographic work for any other purpose than that agreed upon with the photographer. Any use considered contrary to this agreement obligates the customer to pay compensation to the photographer in the amount of 150% of the fee owed pursuant to the SAB tariffs (Swiss Association of Photo Agencies and Archives).
2. Only the customer is entitled to use the photographic work within the framework of the agreement concluded with the photographer. Unless otherwise agreed in writing, the customer is not entitled to grant third parties the permission to use the photographic work.
3. When using the work for certain purposes, the customer is obliged to mention the name of the photographer in an appropriate manner.
4. The Federal Act provisions on Copyright and Related Rights (URG) of 9 October 1992 remain in force.

Third party rights

1. If the customer has specified to the photographer which persons are to be photographed as part of the photographic work, the customer has to ensure that these persons have given their consent for the use of their image that the customer wants to make use of as part of the photographic work.
2. If the customer has handed over objects to the photographer or provided him with certain locations, which are to be photographed as part of the photographic work, the customer has to ensure that no third-party right precludes the use of these objects' or locations' images that the customer wants to make use of as part of the photographic work.
3. If the undertakings provided for in the preceding paragraphs are breached, the customer is obliged to reimburse any damages which he might be ordered to pay in favour of the beneficiary and compensate him for all litigation costs against the beneficiary.

VI. Use of the photographic work by the photographer

1. The photographer reserves the right to publish the photographic work in any form and on any storage device (in particular in the Internet), to make this work available to third parties, grant third parties an exclusive or a non-exclusive license for using the photographic work or to hand over copies of the photographic work to third parties. The photographer's right is, however, subject to the customer's prior consent by signing the customer data sheet.
2. The customer is obliged not to unreasonably withhold consent without good cause. The customer is deemed to be in agreement with the respective use failing explicit and written refusal or limitation within thirty days of the photographer's request for consent.
3. In the event of the photographic work's use by the photographer within the context of the preceding paragraph, the photographer has to affirm that no third party right has been infringed in the disclosure of persons, goods and locations.

VII. Booking confirmation and prepayment

1. The customer must confirm the reservation for the photoshoot in writing (via e-mail). He/she must provide his/her address and telephone number.
2. We send the customer an order confirmation via post for wedding journals, which must be sent back again signed.
3. 50% of the invoice total is payable in advance for wedding journals. The customer's final booking confirmation is subject to payment.
4. Costs for third-party services are invoiced in advance for photoshoots with professional make-up and hairstyling.
5. Customers, who sign up for photoshoots and reconfirm the reservation, undertake to pay the fee stipulated in each case. Arranged appointments are binding.In the event of a cancellation 24 h before the photoshoot, the customer is not charged. In the event of a cancellation on the day of the photohoot, an invoice amounting to 100% of the agreed upon fee is issued to the customer. This fee is reimbursed to the customer when arranging a new appointment.The customer must pay third-party services.
6. If the customer does not arrive by the agreed time, we reserve the right to charge for this loss of time. Please arrive on time and allow for traffic and any other possible delays.

VIII. Archiving of the photographic work

1. The photographic work is archived after the photoshoot.
2. In case of photoshoots, archived photoshoot data are deleted after five years. The touched-up files continue to be archived.
3. In case of job application photos, only the file selected by the customer is archived. Selection occurs after the photoshoot. The touched-up files are archived as well.

IX. Orders and delivery dates

1. Delivery of the view link occurs 5 to 10 working days following the photoshoot.
2. Orders via e-mail are considered by the parties as conclusion of the contract and are thus legally binding.
3. Orders by telephone must be confirmed in writing via e-mail.
4. A surcharge of 100% of the retouching fee is payable when express orders are placed within 24 h.
   A surcharge of 50% of the retouching fee applies when express orders are placed within 2 working days.
5. Gift vouchers can be ordered by telephone or in writing via e-mail. Gift vouchers are only valid once the invoice has been paid.
6. Unless expressly mentioned in a verbal or written agreement, the order will be completed within 5 to 10 working days.
7. We do not deliver any unretouched photographs. As of 2013, the minimum charge for an image-optimised picture is CHF 15.00.
8. If you decide not to enlarge the pictures at our premises, we provide no guarantee for image quality, chromaticity and general discrepancies. The photo studio/photographer repudiates any liability whatsoever

X. Payment terms

1. Photoshoots are to be paid directly before the start of the shooting in cash, by debit (EC) or credit card (+2.5% surcharge on the full amount for electronic payments).
2. Invoices are to be paid within 10 days.
3. If an invoice is not paid within the period specified, the customer will receive a payment reminder and will be charged an arrears fee of CHF 30.00.

XI. Delivery

1. Delivery is by Swiss Post. Delivery charges are charged according to the postal order's size, at least CHF 8.00.
2. The customer shall bear all risks associated with delivery.

XII. References

1. The photographer has the right to refer to the collaboration with the customer and to the photographic work created for him/her and to portray this work within the meaning of a reference, in particular in publications (internet, printed matter), for exhibitions and in discussions with potential customers.

XIII. Applicable law and place of jurisdiction

1. Agreements between the customer and the photographer are governed exclusively by Swiss law.
2. The photographer's registered office constitutes the exclusive place of jurisdiction.
3. The studio PHOTOtalks belongs to the eveAnts GmbH.