The masculine form is used but includes all genders.

I. Definitions

1. Photographic Work
   The term "photographic work" refers to the result of work performed by the photographer for the client in accordance with the agreement made between the parties. (The term "photographic material" includes both images and film.)

2. Photographer
   The "photographer" is the person commissioned to perform the photographic work.

3. Client
   The "client" is the person who commissions the photographic work from the photographer. The client may be an agency (e.g., an advertising agency) or a direct client.

4. Parties
   The "parties" are the photographer and the client.

5. Copy of the Photographic Work/Copy
   Any reproduction of the photographic work in analog or digital form on a (data) carrier (particularly on paper, slides, CD-ROM, computer hard drive) or online (particularly in computer networks, on websites) is considered a "copy of the photographic work" or a "copy."

II. Execution of the Photographic Work

1. Unless otherwise specified in writing by the client, the design of the photographic work is entirely at the discretion of the photographer. In particular, the photographer has sole decision-making authority over technical and artistic elements, such as lighting and image composition, and the choice of means for their implementation.

2. The photographer may engage freelancers of his choice to execute the photographic work.

3. The equipment required for the execution of the photographic work shall be provided by the photographer.

4. Unless otherwise agreed in writing, the client is responsible for ensuring that the locations, objects, and persons required for the photographic work are available in a timely manner.

III. Payment Terms

1. If the client postpones a photo session to a later date less than two days before the scheduled appointment or fails to meet obligations such as those stated in Section II.4, the photographer is entitled to reimbursement for costs already incurred (including third-party costs). Additionally, the photographer is entitled to compensation amounting to 80% of the fee agreed upon in the oral or written agreement (offer). If the client postpones a photo session more than 30 days in advance, the photographer's compensation amounts to 50% of the offered fee, including already incurred costs and third-party costs.

2. Unless otherwise agreed, the place of performance shall be the business location of the photographer.

3. The amount agreed upon between the parties is subject to VAT and, unless otherwise agreed in writing, is payable within 30 days of invoicing.

IV. Liability of the Photographer

1. The photographer is liable, including for defects, only in cases of willful misconduct and gross negligence. This limitation of liability also applies to the conduct of his employees and auxiliary persons.

2. The photographer undertakes to provide the client with the corresponding image material within the agreed time frame.

3. The client must assert any complaints regarding defects in writing within six working days from the delivery date of the work; otherwise, the photographic work is deemed accepted, and no further claims may be made.

V. Use of the Photographic Work by the Client

a. General

1. The client may only use the photographic work for the purpose and duration agreed upon with the photographer. If no duration has been agreed upon, the period of use is determined by the purpose of the assignment. Any unauthorized use obliges the client to compensate the photographer with 150% of the remuneration due under the applicable SAB tariff (Swiss Association of Picture Agencies and Archives) at the time of contract conclusion.

2. Only the client is entitled to use the photographic work within the scope of the agreement with the photographer. Without a mutual written agreement, the client is not entitled to grant third parties the right to use the photographic work.

3. The client must credit the photographer appropriately when using the work, using the © symbol followed by the photographer's name or a similar notation agreed upon with the photographer (e.g., "All rights reserved by ..."). If the credit is omitted, the client owes an additional compensation of 50% of the fee that would be due for the unauthorized use of the photographic work under the applicable SAB tariff at the time of contract conclusion.

4. The provisions of the Swiss Federal Copyright Act (URG) remain unaffected.

b. Third-Party Rights

1. If the client specifies that certain persons are to be photographed as part of the photographic work, the client is responsible for ensuring that these persons have consented to being photographed and to the subsequent use of the photographic work within the scope of the contract.

2. If the client provides objects and/or equipment to the photographer or specifies certain locations for the photographic work, the client is responsible for ensuring that no third-party rights prevent the creation and subsequent use of the photographic work within the scope of the contract.

3. If the obligations outlined in the preceding paragraphs are violated, the client agrees to reimburse the photographer for any payments (e.g., damages) that the photographer may be required to make to entitled third parties and to compensate the photographer for all costs incurred in resolving the situation (e.g., costs related to settlement or legal proceedings).

VI. Use of the Photographic Work by the Photographer

If it has been expressly agreed in writing that the client shall acquire copyright ownership of the photographic work, the photographer retains the right to use the photographic work for his own purposes, particularly on his website, in portfolios, at art exhibitions, etc.

VII. References

The photographer has the right, at any time, to refer to the collaboration with the client and the photographic work created for the client in publications (internet, printed materials), exhibitions, and discussions with potential clients.

VIII. Applicable Law and Jurisdiction

1. Contracts between the client and the photographer are governed exclusively by Swiss law.

2. The exclusive place of jurisdiction shall be the business location of the photographer.