General Terms and Conditions

  1. Scope
    1. These general conditions apply to all of the photographer or his agent's orders, offers, deliveries and services. They apply to every creative phase and in particular also for digital generated images.
    2. they are regarded as agreed with acceptance of the offer of the photographer by the customer or with the acceptance of the delivery or performance of the photographer by the customer.
    3. in the framework of an ongoing business relationship are subject to the terms and conditions without explicit permission for all future orders, offers, deliveries or services of the photographer.
  2. Services of the photographers, the rights and obligations of the customer
    1. Unless otherwise agreed between the parties is the design of the photographic work at the discretion of the photographer.
    2. The photographer is for the procurement of the photographic equipment and other devices that are necessary for the implementation of the contract are responsible.
    3. During the execution of the photographic work, the photographer or his agent auxiliary persons of his choice ( Wizard, Visa Gist inside, stylists, etc. ).
    4. The customer recognizes that the supplied picture material from the photographer to copyrighted works in the sense of the URG ( Federal Law on copyright, 9. October 1992 ).
    5. design proposals or designs from the customer in order given are independent and to be remunerated services.
    6. Analog and digital produced images, in particular RAW files, shall remain the property of the photographer. The customer has no right of retention to leave an image material.
    7. The customer has provided him with all the care picture material to treat.
    8. claims, the content, quality or state of the photographic material, are within 8 days after receipt by means of notification of defects must be reported. Otherwise the image material as approved.
    9. The customer is responsible for ensuring that the implementation of the contract required persons, objects and places available or accessible.
    10. If the customer is the obligation in accordance with paragraph 12 ( ) not after or if he moves a recording session is less than two working days before the date, he shall be liable for compensation of costs already incurred and third party costs. In addition, the photographer is entitled to compensation in the amount of 50% of the agreed fee for the recording session.
    11. It is not the responsibility of the photographers, the assent ( Model Release ) of the to be photographed persons or the local authorized persons ( ) to release the location planned use of the image material is obtained if the customer has called people or places, to photograph.
    12. The photographer must specify the customer as a reference, particularly in written or electronic form ( Internet ).
  3. Rights of use
    1. The customer purchases with the delivery and payment of the plant a license for the use of the photographic work in the agreed framework. This does not include a further licensing by the customer to third parties.
    2. In the case of irregular use agreement, the customer is obliged to provide the photographers a license to use in the amount of 150% of the recording fee, but at least 150% of the corresponding tariff of the SAB ( Swiss Association of Photo Agencies and Archives ) to pay.
    3. The photographer can the image material for our own advertising and subject to any other agreement to a third party license.
    4. exclusive rights and blocking periods for the benefit of the customer must be agreed separately and remunerated.
    5. Any modifications to the photographic material using analog or digital composing or assembly to produce a new copyright work shall require the Photographer's prior written approval is allowed.
    6. The picture material may neither approved nor to be photographed or as an image in the image are used.
    7. In the case of use of the plant has the customer, as far as usual, for a proper name.
    8. In the case of the use of the image material by the photographers for their own purposes or for a licensing to third parties, the photographer is that through the figure of the persons, things, or places no rights of third parties are infringed.
  4. Liability
    1. The Photographer shall only be liable for intent and gross negligence. This also applies to the liability for defects.
    2. The limitation of liability in accordance with paragraph 24 ( ) also applies to the behavior of staff and auxiliary persons of the photographer.
    3. In the case of claims against the photographers from third parties, in accordance with paragraph 14 ( ) the customer your consent to the use of the image material, is the responsibility of the customer in case claims for damages and legal costs.
    4. The picture material may not be used distorts the meaning. The customer also bears the responsibility for the correct betextung of image material.
  5. Fee
    1. The fee between the parties agreed fee is exclusive of value added tax ( if the photographer is a VAT taxpayer ) due and payable within 30 days from date of invoice.
    2. In the case of extensive productions, particularly with large financial inputs of the photographer, the photographer is entitled to a payment on account of at least one third of the cost of production.
    3. for the execution of the contract required costs and expenses, such as for example. Fees for auxiliary persons and models as well as equipment rental, costs for rental studio recording locations, props, travel expenses, etc. are not included in the fee and are charged to the customer.
    4. for digital productions is the image processing ( RAW conversions, color and tonal adjustments, select picture meeting, retouching, etc.) shall be invoiced separately.
    5. for digital productions is a camera rate. This is not the same as the cost for image processing and is calculated according to the size and scope of the equipment used.
    6. The fee in accordance with paragraph 28 ( ) is also to be paid in full if the ordered and supplied picture material is not used.
    7. In the case of delivery of image material from the archive of the photographer is in addition to the license fee is also a archive usage fee.
  6. Place of jurisdiction and applicable law
    1. The exclusive court of jurisdiction and place of performance is the residence or place of business of the photographers, also in the case of deliveries abroad. To this contractual relationship shall be governed by the substantive Swiss law shall apply. Mandatory jurisdiction shall remain reserved.
    2. Should a provision of this contract be or become ineffective or should the agreement contains a gap, then the legal validity of the remaining provisions shall remain unaffected thereby.
    3. The general terms and conditions are expressly by the customer to recognize. The Customer agrees not to the terms and conditions, the photographer reserves the right to order from the factory or purchase contract.

  Amriswil, 1.9.2017

Christian Giger Photography offers everything around Photography (Shootings, Coachings, Workshops and so on), Video and Audio.

A Räuchlisberg 40, 8580 Amriswil, Switzerland E M +41 (0)76 498 71 53

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Christian Giger Photography
M +41 (0)76 498 71 53