General terms and conditions Nicolas Bruni Photography
1) These general terms and conditions (AGB) are for all orders, offers, deliveries and services carried out by the photographer or his agent. They apply to every creative phase and especially to digitally generated pictures.
2) They are considered agreed with the acceptance of the photographer's offer by the customer or with the acceptance of the delivery or the performance of the photographer by the customer.
3) As part of an ongoing business relationship, the terms and conditions also apply to all future orders, offers, deliveries or services of the photographer without express approval. Services of the photographer, rights and obligations of the customer
4) Without any other agreement between the parties, the design of the photographic work lies at the discretion of the photographer.
5) The photographer is responsible for the procurement of the camera and other devices required to carry out the order.
6) When executing the photographic work, the photographer or his agent can use auxiliary people of his choice (assistants, make-up artists, stylists, etc.).
7) The customer acknowledges that the images provided by the photographer are copyrighted works within the meaning of the URG (Federal Law on Copyright of 9 October 1992).
8) Design suggestions or concepts commissioned by the customer are independent and reduced services.
9) Analog and digitally produced images, especially RAW files, remain the property of the photographer. The customer has no right of retention on the graphical material.
10) The customer must treat the graphical material provided to him with all due care.
11) Complaints concerning the content, quality or condition of the photographic material must be notified within 8 days of receipt by means of a notice of defects. Otherwise, the image material is considered approved.
12) The customer is responsible for ensuring that people, objects and places necessary for the execution of the order are available or accessible.
13) If the customer does not comply with the obligation (according to clause 12) or if he postpones a recording session less than two working days before the appointment, he is liable for compensation for the 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.
14) It is not the responsibility of the photographer to obtain the consent (model release) of people to be photographed or of people authorized at the location ( location release) for the planned use of the photographic material if the customer has designated the persons or places to be photographed.
15) The photographer may declare the customer as a reference, especially in written or electronic (Internet) form. Rights of use
16) With the delivery and payment of 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.
17) In case of use contrary to the agreement, the customer is obliged to pay the photographer a usage license in the amount of 150% of the recording fee, but at least 150% of the corresponding tariff of the SAB ( Swiss Association of Image Agencies and Archives ).
18) The photographer can use the image material for self-promotion and, subject to any other agreement, license it to third parties.
19) Exclusive rights and blocking periods for the benefit of the customer must be agreed and remunerated separately.
20) Changes to the photographic material through analog or digital composing or assembly for the production of a new copyrighted work are only permitted with the prior written consent of the photographer.
21) The image material must not be drawn, nor reproduced, photographed or used as a subject in the picture.
22) When using the work, the customer must, as far as usual, ensure a proper name.
23) In the case of the photographer's use of the photographic material for his own purposes or in the case of licensing to third parties, the photographer ensures that no third-party rights are violated by the depiction of people, things or places. Liability
24) The photographer is only liable for intentional and grossly negligent behavior. This also applies to liability for defects.
25) The limitation of liability (according to section 24) also applies to the conduct of employees and assistants of the photographer.
26) In case of claims against the photographer by third parties who (in accordance with section 14) have given the customer their consent to the use of the photographic material, the customer shall pay claims for damages and legal costs in the event of a dispute.
27) The image material must not be used in a way that distorts meaning. The customer is also responsible for the correct texting of the image material. Fees
28) The fee agreed between the parties is due plus value-added tax (VAT) and payable within 15 days from the invoice date.
29) In the case of large-scale productions, in particular with large financial advance payments by the photographer, the photographer is entitled to an account payment of at least one third of the production costs.
30) Costs and expenses required for the execution of the order, e.g. Fees for assistants and models as well as equipment rentals, costs for rental studio, recording locations, props, travel expenses, expenses, etc. are not included in the fee and are at the expense of the customer.
31) In the case of digital productions, image processing (RAW conversions, color and tonal adjustments, image selection, retouching, etc.) will be invoiced separately.
32) A flat-rate camera fee 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.
33) The fee (according to section 28) is to be paid in full even if the commissioned and delivered image material is not used.
34) In the case of delivery of photographic material from the photographer's archive, an archive usage fee will be charged in addition to the license fee. This is calculated according to the tariff of the SAB. Place of jurisdiction and applicable law
35) The exclusive place of jurisdiction and place of performance is the photographer's place of residence or business, even for deliveries abroad. Substantive Swiss law is applicable to this contractual relationship. Mandatory places of jurisdiction are reserved.
Zurich, January 2019