1) These General Terms and Conditions apply to all orders, offers, deliveries and services carried out by Jose Bernabé. They apply to every creative phase and in particular to digitally 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 the service of the photographer by the customer.
3) Within the framework of an ongoing business relationship, the GTC shall also apply to all future orders, offers, deliveries or services of the Photographer without express approval. Services of the Photographer, Rights and Duties of the Customer
4) Unless otherwise agreed between the parties, the design of the photographic work is at the discretion of the photographer.
5) The photographer is responsible for the procurement of the cameras and other equipment required to carry out the order.
6) The photographer may use assistants of his choice (assistants, make-up artists, stylists, etc.) to carry out the photographic work.
7) The customer acknowledges that the photographic material supplied by the photographer is protected by copyright in the sense of the URG (Federal Act on Copyright of 9 October 1992).
8) Design proposals or concepts commissioned by the customer are independent services to be remunerated.
9) RAW files remain the property of the photographer.
11) Complaints concerning the content, quality or condition of the photographic material must be made within 7 days of receipt by means of a notice of defects. Otherwise, the photographic material shall be deemed approved.
12) The customer is responsible for ensuring that the persons, objects and locations required for the execution of the order are available or accessible.
13) By written confirmation (email) of the offer sent by the photographer, an order (wedding report) is considered as booked.
14) The client has a right of revocation within 14 days after conclusion of the contract. This must be communicated to us in writing. If the order is not completed after the legal deadline, 75% of the fee is due.
15) The photographer may provide the customer as a reference, namely in written or electronic (Internet) form.
Rights of use
16) With the delivery and payment of the work, the customer acquires a licence to use the photographic work within the agreed framework. This does not include further licensing by the customer to third parties.
17) In the event of use contrary to the agreement, the Client is obliged to pay the Photographer a licence for use amounting to 150% of the photographic fee, but at least 150% of the corresponding tariff of the SAB (Swiss Association of Photographic Agencies and Archives).
18) The Photographer may use the photographic material for self-promotion and license it to third parties unless otherwise agreed.
19) Exclusive rights and blocking periods in favour of the customer must be agreed separately and paid for.
20) Changes to the photographic material by analogue 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 photographic material may not be copied, photographed or used as a motif in the picture.
22) If the photographic material is used by the Photographer for his own purposes or licensed to third parties, the Photographer shall ensure that no rights of third parties are infringed by depicting persons, objects or places. Liability also applies to liability for defects.
23) The limitation of liability also applies to the conduct of the Photographer’s employees and assistants.
24) In the event of claims against the Photographer by third parties who have given their consent to the use of the photographic material to the Customer (in accordance with Clause 14), the Customer shall assume claims for damages and legal costs in the event of a dispute.
25) The fee agreed between the parties is due plus VAT and payable within 14 days of invoicing.
26) If the Photographer’s absence due to serious illness or accident is known at an early stage, I will provide a replacement. In the event of a total loss, I will, however, make a new appointment.
27) The fee is to be paid in full even if the photographic material ordered and delivered is not used.
Place of jurisdiction and applicable law
28) Exclusive place of jurisdiction and place of performance is the photographer’s place of residence or business, even for deliveries abroad. Swiss substantive law shall apply to this contractual relationship. Mandatory jurisdictions remain reserved.
Basel, 24 February 2020