GTC – General Terms and Conditions
1) These General Terms and Conditions of Business (GTC) apply to all orders, offers, deliveries and services carried out by yves-alain moor photography (YAMP) or its agent. They are valid for every creative phase and especially for digitally created pictures.
2) They shall be deemed to have been agreed upon acceptance of the YAMP offer by the customer or upon acceptance of the delivery or service by YAMP by the customer.
3) In the context of an ongoing business relationship, the General Terms and Conditions of Business shall also apply to all future orders, offers, deliveries or services of YAMP without express approval.
Rights and obligations of the customer
4) Unless otherwise agreed between the parties, the design of the photographic work is at YAMP’s discretion.
5) YAMP is responsible for the procurement of the cameras and other equipment required to carry out the order.
6) YAMP or its agent may employ assistants of its choice (assistants, make-up artists, stylists, etc.) in the execution of photographic work.
7) The Customer acknowledges that the photographic material supplied by YAMP is copyrighted works within the meaning of the URG (Federal Act on Copyright of 9 October 1992).
8) Design proposals or concepts commissioned by the customer are independent and remunerated services.
9) Analog and digitally produced images, especially RAW files, remain the property of YAMP. The customer has no right of retention in the photographic material provided.
10) The Customer shall treat any image material made available to him with all due care.
11) Complaints concerning the content, quality or condition of the photographic material must be made within 8 days after receipt by means of a notice of defects. Otherwise, the photographic material shall be deemed approved.
12) The Customer shall be responsible for ensuring that the persons, objects and locations required to carry out the order are available or accessible.
13) If the customer fails to comply with the obligation (according to Clause 12) or if he postpones a recording session less than two working days before the date, he shall be liable for reimbursement of the costs already incurred and third party costs. In addition, YAMP is entitled to compensation amounting to 50% of the agreed fee for the recording session.
14) It is not YAMP’s responsibility to obtain the consent (Model Release) of the persons to be photographed or of the persons authorized locally (Location Release) for the planned use of the photographic material if the Customer has designated the persons or places to be photographed.
15) YAMP may name the customer as a reference, namely in written or electronic form (Internet).
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 a further licensing by the customer to third parties.
17) In the event of use contrary to the agreement, the customer is obliged to pay YAMP a license for use amounting to 150% of the recording fee, but at least 150% of the corresponding SAB tariff (Swiss Association of Picture Agencies and Archives).
18) YAMP may use the image material for its own advertising purposes and may license it to third parties unless otherwise agreed.
19) Exclusive rights and blocking periods in favour of the customer must be agreed and remunerated separately.
20) Modifications of the picture material by analogous or digital composing or assembly for the production of a new copyrighted work are only permitted after prior written consent of YAMP.
21) The photographic material may not be photographed, photographed or used as a motif in the image.
22) When using the Work, the Customer shall ensure that the name of the Work is duly mentioned (Photo: www.dslr.ch).
23) In the event that YAMP uses the image material for its own purposes or in the case of licensing to third parties, YAMP shall ensure that no rights of third parties are infringed by the reproduction of persons, objects or locations.
24) YAMP is only liable for intentional and gross negligence. This also applies to liability for defects.
25) The limitation of liability (according to Section 24) also applies to the conduct of YAMP employees and assistants.
26) In the event of claims against YAMP by third parties who have given the customer their consent to the use of the photographic material (in accordance with Clause 14), the customer shall, in the event of a dispute, pay damages and legal costs.
27) The photographic material may not be used in a distorting way. The customer is also responsible for the correct textual content of the photographic material.
28) The fee agreed between the parties shall be subject to value added tax plus value added tax (if YAMP is liable for value added tax).
29) In the case of large-scale productions, in particular those involving major financial outlays by YAMP, YAMP is entitled to a payment on account of at least one third of the production costs.
30) Costs and expenses necessary for the execution of the contract, such as costs and expenses incurred in connection with the execution of the contract. Fees for assistants and models as well as equipment rentals, costs for rental studio, recording locations, props, travel costs, expenses etc. are not included in the fee and are to be paid by the customer.
31) In the case of digital productions, image processing (RAW conversions, color and tonal value adjustments, image selection) will be performed. Retouching etc.) will be charged separately.
32) In the case of digital productions, a camera fee applies. This is not identical to the costs for image processing and is calculated according to the size and extent of the equipment used.
33) The fee (according to section 28) is to be paid in full even if the photographic material ordered and supplied is not used.
34) In addition to the license fee, a fee for the use of the YAMP archive is charged for the supply of photographic material from the YAMP archive. This is calculated according to the SAB tariff.
Jurisdiction and applicable law
35) Exclusive place of jurisdiction and place of performance is the domicile or place of business of YAMP, also for deliveries abroad. Swiss substantive law shall apply to this contractual relationship. Mandatory jurisdictions remain reserved.
Berne, 4 July 2017