Terms of Service

preamble
  1. By placing an order, the customer accepts the terms and conditions. Our terms and conditions apply exclusively. We do not recognize any terms and conditions of the customer that contradict or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing. Our terms and conditions also apply to all future business with the customer, even if they have not been expressly agreed again.

Definitions
  1. "Photographic work": the result of work carried out by the photographer for the client in accordance with the agreement made between the parties. The copyrights to the photographic work created by the photographer (including drafts, sketches, JPG data, etc.) remain with the photographer. The customer acknowledges that the image material supplied by the photographer is copyrighted works within the meaning of the URG (Federal Law on Copyright of October 9, 1992).

  2. «Photographer»: is the person commissioned to perform the photographic work, represented by «fototscharner.ch».

  3. "Customer": Is the person who orders the photographic work from the photographer or "fototscharner.ch".

  4. "Parties": Are the photographer of "fototscharner.ch" and the customer.

  5. "Copy": Every reproduction of the photographic work in analog or digital form on a data carrier, in particular on electronic data carriers such as a memory stick or SD card, paper, slides, CD-ROMs, computer hard drives, counts as a "copy of the photographic work" or as " Copy".

Rights and duties of the photographer and customer
  1. Subject to the customer's written specifications, the design of the photographic work is left entirely to the discretion of the photographer. In particular, he is entitled to the sole decision about the technical and artistic design means such as lighting and image composition.

  2. The recording equipment that is required for the execution of the photographic work is provided by the photographer.

  3. Unless otherwise agreed, the photographer can use assistants of his choice to carry out the photographic work (assistants, make-up artists, stylists, etc.).

  4. If the customer has specified the people or places to be photographed, it is up to the customer to obtain the consent (e.g. model release) of the people to be photographed or the persons authorized at the location (e.g. location release) for the photo shoot and the planned use of the image material.

  5. Unless otherwise agreed in writing, the customer is responsible for ensuring that the locations, objects and people required for the photographic work are available in good time and that the locations are accessible and unequivocally designated. Delays / delays caused by the customer are at the expense of the booked photo time. An extension of the shoot is subject to costs.

  6. Analog and digital images, especially RAW files, remain the property of the photographer. The customer has no right of retention to the image material provided. Complaints concerning the content, quality or condition of the image material must be made within 8 days of receipt by means of a notification of defects. Otherwise the image material is considered approved.

  7. Unless otherwise agreed, the photographer may name the customer as a reference and use the photographic work for self-promotion, in particular in written or electronic (Internet) form.

  8. I only work with self-employed team members (models, hair & make-up, stylists, photographers, assistants, etc.). In the event of damage or accidents on the set (unless this is the result of grossly negligent action by fototscharner.ch), no liability is accepted.

Usage rights
  1. By paying for the work, the customer acquires a license to use the photographic work within the agreed framework. This does not include further licensing by the customer to third parties.

  2. The image material may not be used in a misleading way. The customer is also responsible for the correct captioning of the image material.

  3. In the event of use contrary to the agreement, the customer is obliged to pay the photographer a license to use in the amount of at least 100% of the recording fee and / or the applicable and customary costs of copyrights in accordance with the applicable tariff of the Swiss Association of Image Agencies and Archives (SAB).

  4. Unless otherwise agreed, the photographer reserves the right to publish the photographic work in any form and on any medium (especially on the Internet), to make it accessible to third parties, to grant third parties an exclusive or non-exclusive license to use the photographic work or to grant third parties copies of the to hand over photographic work.

  5. Exclusive rights and blocking periods in favor of the customer must be agreed and remunerated separately.

  6. Private customers acquire the full copyright for the photos exclusively for private purposes.

  7. Unless otherwise agreed, business customers acquire the copyright of the photos for the web and small editions (<1000). In the case of large editions or a large business use, the usage license will be offset against an offer. If a large business use becomes apparent afterwards, fototscharner.ch may invoice the extended usage license with customary rates, even if this is not explicitly mentioned in the offer.

  8. When using the work, the customer must, as far as usual, ensure that the name is given (photographer and fototscharner.ch).

Guarantee
  1. In the event of editing, adapting or redesigning photographs by third parties that fototscharner.ch receives from the customer, fototscharner.ch can assume in good faith that the customer is authorized to use them and that no rights of third parties are violated accordingly. If, contrary to expectations, third parties should nevertheless assert legal claims, the customer shall assume all costs incurred in averting these claims (including legal and court costs) and will compensate fototscharner.ch for all damage resulting therefrom. fototscharner.ch guarantees that the services it provides are free from the rights of third parties. fototscharner.ch does not accept any liability for the services of third parties, in the procurement of which it only acted as an agent.

fee
  1. The contractor's fee is based on the time spent (hourly fee) or is fixed (budget). The details are regulated in a separate contract or, if one is missing, in the offer.

  2. The fee agreed between the parties is payable within 10 days of the invoice being issued. Late payment will be charged interest on arrears of 5% / year and reminder fees of CHF 20.-.

  3. The fee is also to be paid in full (e.g. in the case of billing per image, the previously agreed minimum purchase amount is to be paid) if the image material ordered and delivered is not used.

  4. In the case of extensive productions, in particular with large financial advance payments by the photographer, the photographer is entitled to a payment on account of 50% photographer fees or, if the photographer takes over the production, also 50% of the production costs.
    If all invoices between fototscharner.ch are processed directly with third parties, an additional 10% handling fee will apply.

  5. In the event of a weather-related failure, 50% of all fees and 100% of the fixed costs are due.

  6. Unless otherwise agreed, the image processing (RAW conversions, color and tone value adjustments, image selections, retouching, etc.) will be invoiced separately for digital productions. A camera flat rate is charged for digital productions. This is not identical to the costs for image processing and is calculated according to the size and scope of the equipment used.

liability
  1. The photographer is only liable, including liability for defects, for willful and grossly negligent behavior. The limitation of liability also applies to the behavior of its employees and auxiliary persons.

  2. In the event of claims against the photographer by third parties who have given the customer their consent to the use of the image material, the customer shall assume claims for damages and legal costs in the event of a dispute. If the customer asks the photographer to send him the completed photographic work or copies of this work, the risks of the transport are transferred to the customer.

Offers, inquiries
  1. Offers are considered binding. Deliveries, products or services requested by the customer that are not included or that cannot be seen from the documents provided by fototscharner.ch will be invoiced additionally. Information given by telephone is not valid for a longer period.

  2. If fototscharner.ch comes into direct contact with customers for the first time for advice, a project or for other reasons, this first contact is considered free of charge if the project is implemented with the involvement of fototscharner.ch. Unless otherwise agreed, all further consulting expenses will be invoiced according to the corresponding rates.

Prices, terms of payment
  1. All prices are from the company domicile of fototscharner.ch. The costs for packaging and shipping are borne by the buyer. All product prices include VAT, exclusive of other services.

  2. The prices in price lists, advertisements and other written offers are non-binding. The prices valid at the time of the order and / or those in a written order confirmation drawn up by fototscharner.ch apply.

  3. For an order volume of more than CHF 1,500, 1/3 of the total amount must be paid without deduction when the order is placed. The remaining 2/3 of the total amount is due upon delivery. The right to claim damages caused by default remains reserved. All collection costs go to the burden of the customer.

  4. If payment terms are not adhered to or if circumstances become known after the conclusion of the contract that significantly reduce the creditworthiness of the customer, fototscharner.ch is entitled, at its own discretion, to make all its claims against the customer due immediately or to provide securities for all outstanding claims request and / or make outstanding deliveries only against prepayment. If security deposits or advance payment have not been made even after a reasonable grace period has expired, fototscharner.ch can withdraw from the contract.

delivery terms
  1. The delivery dates specified by fototscharner.ch are non-binding. Withdrawal from the contract due to non-compliance with the delivery date is only possible with a registered reminder and a minimal grace period of 3 weeks. No claims for damages can be made. Orders can only be canceled by registered mail. A fee will be charged to cover our expenses.

Severability clause
  1. Should one or more provisions of these general terms and conditions be or become wholly or partially ineffective, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In place of the ineffective provision, a replacement provision corresponding or at least approximating to the purpose of the agreement, which the contracting parties would have agreed to achieve the same economic result if they had known the ineffectiveness of the provisions, shall apply. The same applies to any gaps in these terms and conditions. The contractor reserves the right to change these terms and conditions at any time; new terms and conditions also take effect immediately for existing contractual relationships.

Place of jurisdiction and applicable law
  1. The exclusive place of jurisdiction and performance is the photographer's place of business, also for deliveries abroad. Substantive Swiss law is applicable to this contractual relationship. Mandatory places of jurisdiction are reserved. These terms and conditions replace all previous versions.

Guntershausen, January 5, 2017