TERMS AND CONDITIONS

Preamble

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

I. Definitions

  1. Photographic Work: The term refers to the outcome of a service provided by the photographer for the client, as agreed upon between both parties.

  2. Photographer: The photographer is the person commissioned to carry out the photographic work. The term applies to individuals of all genders and includes photo designers.

  3. Client: The client is the person who commissions the photographic work. This term also applies to individuals of all genders.

  4. Parties: Refers to both the photographer and the client.

  5. Copy of the Photographic Work: Any reproduction of the photographic work, in analog or digital form, whether on a physical medium (e.g. paper, slides, CD-ROM, hard drive) or online (e.g. websites, networks), is considered a “copy of the photographic work” or a “copy.”

II. Execution of the Photographic Work

  1. Unless specified in writing by the client, the photographer retains full creative freedom over the visual design. This includes decisions regarding artistic and technical aspects such as lighting and composition. The client acknowledges and accepts that outcomes cannot be guaranteed.

  2. The photographer may engage assistants of their choosing.

  3. The required photographic equipment is provided by the photographer.

  4. Unless otherwise agreed in writing, the client is responsible for ensuring timely access to necessary locations, objects, and people. The client must provide accurate, complete, and timely information, materials, and feedback. Delays in approvals may affect the timeline and incur additional costs. If the client fails to respond within 5 business days, the photographer reserves the right to pause the project and invoice for all work done and expenses incurred. Resuming the project afterward may incur a reactivation fee and depends on the photographer’s availability.

  5. If the client postpones a shoot less than two days before the scheduled date or fails to fulfill obligations under clause II.4, the photographer is entitled to reimbursement for incurred costs (including third-party expenses) and a cancellation fee of 50% of the original agreed fee, based on the current SBF (Swiss professional photographers’ association) pricing guidelines.

  6. Both parties acknowledge they may terminate the collaboration at any time if they feel the relationship is no longer satisfactory. If canceled by the client, the photographer must be compensated for all services rendered and third-party expenses. For cancellations less than two working days before the shoot, the full project fee is due.

  7. The rule in clause II.5 also applies if a session is rescheduled due to weather conditions less than two days before the shoot.

  8. The place of fulfillment is the photographer’s business address. If the client requests delivery of the photographic work (digital or physical), all transport risks are borne by the client.

  9. The agreed fee must be paid within 14 days of invoicing (or according to agreed terms). The client is responsible for paying for all services rendered, regardless of whether the final work is used. The client agrees to reimburse all expenses necessary to perform the service, such as props, set materials, travel, parking, meals, model or assistant fees, etc.

III. Photographer’s Liability

  1. The photographer is only liable for damages or defects resulting from intentional or grossly negligent conduct. This limitation also applies to assistants and employees.

  2. Complaints must be submitted in writing within five business days of delivery. Otherwise, the work is considered accepted and no further claims can be made.

IV. Use of Photographic Work by the Client

a. General Use

  1. The client may only use the work for the agreed purpose and time period. If no time period is specified, the duration is defined by the purpose of the commission. Any unauthorized use obligates the client to pay 150% of the applicable SAB (Swiss Association of Picture Agencies and Archives) rate in compensation.

  2. Only the client is entitled to use the work as agreed. Rights may not be transferred to third parties without written consent.

  3. Unless exclusive rights are granted, the client must credit the photographer appropriately (e.g. © Name or “All rights by...”). Failure to provide credit will incur an additional fee of 50% of the usage rate according to current SAB guidelines.

  4. Swiss copyright law (URG) remains applicable.

b. Third-Party Rights

  1. If the client requests that specific people be photographed, it is their responsibility to obtain consent from those individuals for being photographed and for the intended use of the images.

  2. If the client provides items or locations for the shoot, they must ensure that no third-party rights prevent the creation or use of the photographic work.

  3. In case of a breach of the above obligations, the client agrees to reimburse the photographer for any costs or damages, including legal fees and settlement costs.

V. Use of the Photographic Work by the Photographer

Unless otherwise agreed in writing, the photographer retains the right to use the images for self-promotion (e.g. on websites, portfolios, or exhibitions), even if the client receives usage rights.

VI. References

The photographer has the right to reference the client relationship and show the resulting work in publications (web, print), exhibitions, or when speaking with potential clients.

VII. Governing Law and Jurisdiction

  1. All contracts are governed by Swiss law.

  2. The exclusive place of jurisdiction is the photographer’s business location.

     

If you have any questions, feel free to reach out.