Terms and Conditions of Meierhans Photography

General terms and conditions of business
preamble
The general terms and conditions are intended to achieve a fair balance of interests between the photographer and the customer.

I. Definitions

Photographic work. The term “photographic work” means the result of work carried out by the Photographer for the Client in accordance with the agreement between the parties.
Photographer. The “photographer” is the person commissioned to carry out the photographic work. The term “photographer” in these terms and conditions naturally refers to people of both genders. He also records photo designers.
Customer. The “customer” is the person who orders the photographic work from the photographer. The term “customer” in these General Terms and Conditions naturally refers to people of both genders.
parties. The “parties” are the photographer and the customer.
Copy of the photographic work/copy. Any reproduction of the photographic work in analogue or digital form on a (data) medium (in particular on paper, slides, CD-ROM, computer hard drive) or online (in particular in computer networks, on websites) is considered a “copy of the photographic work” or as “ Copy".

II. Execution of the photographic work

Subject to written specifications from the customer, the design of the photographic work remains entirely at 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, and the selection of the means to implement them.
When carrying out the photographic work, the photographer can use assistants of his choice.
The recording equipment required to carry out the photographic work is provided by the photographer.
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 a timely manner.
If the customer postpones a recording session to a later date less than two days before its appointment or if he fulfills his obligations, for example in accordance with Section II.4. If you do not comply, the photographer is entitled to reimbursement of the costs already incurred (including third-party costs). He is also entitled to compensation. This is based on the SBF tariff (non-binding SBF guide for the calculation of commissioned photographic work) applicable at the time the contract was concluded and amounts to 50% of the fee that would be owed according to the tariff for carrying out the canceled recording session.
The rule of point II.5. also applies if a recording session is postponed to a later date less than two days before the start of the recording session due to unfavorable weather conditions.
The place of performance is the photographer's place of business. If the customer asks the photographer to send him the photographic work carried out, or copies of this work (physical or electronic), the risks of transport pass to the customer.
Unless otherwise agreed in writing, the fee agreed between the parties is to be paid within 20 days of the invoice being issued.

III. Liability of the photographer

The photographer is liable, including liability for defects, only for intentional and grossly negligent behavior. The limitation of liability also applies to the conduct of its employees and assistants.
The customer must make complaints about defects in writing within six working days of the delivery date of the work, otherwise the photographic work is considered approved and no further claims can be made.

IV. Use of the photographic work by the customer

a. In general

The customer may only use the photographic work for the purpose and for the agreed period agreed with the photographer. If no such period has been agreed, the duration is determined by the purpose of the order. Any use contrary to the agreement obliges the customer to pay the photographer compensation in the amount of 150% of the fee owed in accordance with the SAB tariff (Swiss Association of Image Agencies and Archives) in force at the time the contract was concluded.
Only the customer is entitled to use the photographic work within the framework of the agreement made with the photographer. Without a mutual written agreement, the customer is not entitled to grant third parties the right to use the photographic work.
When using the work as determined by the photographer, the customer must mention the photographer's name in an appropriate form. With the symbol © in front and followed by or with a similar note agreed with the photographer (e.g. “All rights reserved by ...”). If the note is omitted, the customer owes, in addition to the agreed fee, compensation amounting to 50% of the fee charged for the unlawful use of the photographic work in accordance with the SAB tariff (Swiss Association of Image Agencies and Photographers) applicable at the time the contract was concluded. Archives) would have to be paid.
The provisions of the Federal Act on Copyright and Related Rights (URG) remain reserved.

b. Rights of Third Parties

If the customer has indicated to the photographer that (certain) people will be photographed as part of the execution of the photographic work, the customer must ensure that these people give their consent to be photographed and to the subsequent use of the photographic work within the scope of the contractual purpose have.
If the customer has handed over objects and/or equipment to the photographer or has indicated to him specific locations that are to be photographed as part of the photographic work, the customer must ensure that no third party has the right to create the photographic work and its subsequent use within the framework contrary to the purpose of the contract.
In the event that the obligations provided for in the two previous paragraphs are breached, the Customer undertakes to reimburse the Photographer any payment (e.g. compensation) that the Photographer may be obliged to make on behalf of the Beneficiaries and to reimburse him for any costs incurred in connection with the resolution of the situation (e.g. costs in connection with settlement or court negotiations).

V. Use of the photographic work by the photographer

If in individual cases it has been expressly agreed in writing that the customer receives the copyright to the photographic work, the photographer reserves the right to use the photographic work for his own purposes, in particular on his own website, in portfolios, at art exhibitions, etc.

VI. credentials

The photographer has the right at any time to refer to the collaboration with the customer and the photographic work created for him, particularly in publications (internet, printed matter), at exhibitions and in discussions with potential customers.

VII. RAW files

Unless otherwise specified in the contract, no RAW files will be provided to the customer.
A specific use of the RAW files can be specified in the contract and the photographer will make the RAW images available accordingly.

VIII. Terms of payment and reminder fees

Unless otherwise stated in the contract, a deposit of 50% of the invoice amount applies, which must be paid within 20 days of conclusion of the contract. The remainder of the invoice amount will be invoiced upon completion of the work and must be paid within the payment period of 20 days.
If the invoice amount is not paid within the specified period, the following reminders will be issued: 1st reminder: free of charge - 2nd reminder: 50 CHF - 3rd reminder: 100 CHF - etc.

IX. Applicable Law and Jurisdiction

Swiss law applies exclusively to contracts between the customer and the photographer.
The exclusive place of jurisdiction is the photographer’s place of business.
If individual provisions of this contract are invalid or unenforceable or become ineffective or unenforceable after the contract has been concluded, the validity of the rest of the contract remains unaffected. The invalid or unenforceable provision should be replaced by an effective and enforceable provision whose effects come closest to the economic objective that the contracting parties were pursuing with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the contract turns out to be incomplete.

September 2023