GENERAL CONDITIONS OF BUSINESS
GENERAL CONDITIONS OF BUSINESS OF CREATION STUDIO / A DIVISION OF PATRIZIO DI RENZO GROUP GMBH
1. "Image Product" means the result of the work carried out by the Photographer/Filmmaker for the client in accordance with the agreement between the parties.
2. "Photographer/Filmmaker" means Patrizio Di Renzo Group GmbH, Gubelstrasse 24, CH - 6300 Zug, the company commissioned to produce the Image Product.
3 "Client" means the person ordering the Image Product from the Photographer/Filmmaker.
4. “Parties" means the Photographer/Filmmaker and the Client together, "Partie" means the Photographer/Filmmaker or the Client individually.
5. “Copy" means any reproduction of the Image Product in analogue or digital form on a data carrier or online, including but not limited to paper, transparencies, CD or DVD, computer hard drives.
II. SCOPE AND APPLICABILITY
These General Terms and Conditions of the Patrizio Di Renzo Group GmbH, Gubelstrasse 24, CH - 6300 Zug "GTC" are deemed to be accepted by the customer when ordering an image product from the photographer/filmmaker. If the Customer does not wish to accept these Terms and Conditions, he/she must refrain from placing an order.
III. PERFORMANCE OF THE PHOTOGRAPHER/FILMMAKER
1. Subject to the Client's written specifications, the design of the Image Product shall be entirely at the Photographer's/Filmmaker's artistic discretion. The Photographer/Filmmaker has the sole right to decide on the technical and artistic means of design, such as lighting, backgrounds, image composition, editing, grading, etc.
2. The Photographer/Filmmaker may use assistants of his or her choice in the execution of the work for the Image Product.
3. the Photographer/Filmmaker shall provide the photographic equipment and materials and any other equipment required for the Image Product.
4. the place of performance shall be one of the Photographer's/filmmaker's studios or any other place agreed between the parties.
IV. OBLIGATIONS OF THE CLIENT
1. In so far as the client has assumed obligations or otherwise has a duty to cooperate in the execution of the work for the photographic product, the client shall be responsible for their fulfilment in accordance with the agreement and shall be liable to the photographer/filmmaker for any additional expenses incurred as a result of delay, default or non-fulfilment on his part and/or on the part of persons engaged by him. If the client requests a location other than the photographer's/filmmaker's studios, the client shall bear the risk that the location offers the necessary conditions for the planned shooting, as well as any additional costs arising from the late arrival of persons and/or equipment, including an extension of the stay or a new journey.
2. if the photographic product requires the photographing of one or more actors, models and/or artists, the contract with such people shall be concluded by the photographer/filmmaker in the name of and on behalf of the client. The contractual relationship shall be directly between such people and the Client. The Client hereby authorises the Photographer/Filmmaker to conduct the casting and to conclude the contract with such people, including the regulation of the rights of use, on behalf of the Client.
3. The fee agreed between the parties shall be payable exclusive of VAT (where applicable). The photographic product, copies and other material supplied shall remain the property of the photographer/filmmaker until payment has been made in full.
V. WARRANTY AND LIABILITY
1. Only a significant deviation from the written order description (briefing) of the customer shall be deemed to be a defect in the photographic product. The client must make any claims for defects immediately at the time of the shoot, after which the photographic product is deemed to have been approved and no further claims for defects can be made.
2. the photographer/filmmaker shall only be liable, including liability for defects, in the event of intent or gross negligence. This limitation of liability shall also apply to the conduct of his employees, third parties and other auxiliary persons.
3. The Photographer/Filmmaker shall not be liable for any damage or delay caused by circumstances beyond his control, including but not limited to technical failure of cameras, computers, lighting or other auxiliary equipment, failure or delay in transportation of the Photographer/Filmmaker, his assistants or equipment by third parties, of auxiliary persons or of equipment by the airline or other transport, non-arrival or delay of actors, models, artists or other third parties due to traffic jams, accidents, interruptions or delays caused by telecommunication service providers, governmental decisions, strikes or weather conditions. The client owes the photographer/filmmaker the agreed fee as well as compensation for additional expenses and costs incurred as a result of circumstances beyond the photographer's/filmmaker's control, even if the agreed image product cannot be provided for such reason.
VI. COPYRIGHTS AND RIGHTS OF USE
1. The copyright in the photographic product shall always remain with the photographer/filmmaker and shall not be transferred to the client.
2. the client shall be entitled to use the photographic product for the purpose contractually agreed with the photographer/filmmaker, for the duration contractually agreed with the photographer/filmmaker and in the media contractually agreed with the photographer/filmmaker.
3. If the Customer uses the photographic material for purposes and/or for a period and/or in media other than those agreed in the contract, and if he has not obtained permission to use the photographic material for such purposes and/or for a period other than those agreed in the contract, or if he has obtained such permission too late or not at all, the Customer shall owe the Photographer a contractual penalty amounting to twice the amount of the fee already paid per medium of use and per year from the first day after the expiry of the agreed period of use or from the first day of use in a further medium of use. In each case, a medium of use shall be considered to be poster advertising per country, print advertising, Internet advertising, brochures, flyers, art or other greeting cards, merchandising, YouTube, TV or Internet. In the event of continued use, the contractual penalty shall be payable anew for each year of the agreement, with a full year's compensation being payable from the 1st day of a newly commenced year of the agreement. In addition, the photographer/filmmaker shall be entitled to claim the loss of profit resulting from the continued use to the extent that this exceeds the contractual penalty. Payment of the contractual penalty shall not release the client from the obligation to comply with the prohibition of use and the Photographer/Filmmaker shall be entitled at any time to prohibit unauthorised use and to obtain a prohibition of use in court.
4. only the Customer is entitled to use the Image Product. In the absence of a written agreement to the contrary, the Customer shall not be entitled to grant third parties the right to use the Image Product.
5. In the event of public use of the Image Product, the Customer shall mention the name of the photographer/filmmaker as author in an appropriate manner.
VII. PERSONAL RIGHTS AND OTHER THIRD PARTIES RIGHTS
1. Unless otherwise agreed in writing, the Customer shall be responsible for obtaining the necessary consents from the entitled persons for the use and depiction of the locations and objects to be used or depicted in the Image Product and warrants that no rights of third parties oppose the use of the locations and objects in the Image Product in accordance with the agreement between the parties and these General Terms and Conditions.
2. The Customer shall be responsible for obtaining the necessary consents from actors, models and/or speakers and/or the authorised people for the use of music in the Image Product and warrants that no rights of third parties prevent their use in the Image Product in accordance with the agreement between the parties and these General Terms and Conditions.
3. in the event of a breach of the obligations set out in the previous two clauses, the client is obliged to indemnify the photographer/filmmaker against any claims by such third parties for infringement of their rights, damages, costs (including legal and court costs) and fines.
VIII. DATE AGREEMENTS, CANCELLATIONS AND DELAYS
1. Agreed dates are always binding with costs.
2. Cancellation of agreed appointments for a shoot that is not to last longer than one working day: The client is obliged to reimburse all expenses already incurred by the photographer/filmmaker at the usual hourly rates and other costs. In case of cancellation up to 4 working days (in CH - Zug) before the agreed start date, the customer will not be charged anything. In case of cancellation after 4 working days (in CH - Zug) but up to 24 hours before the agreed start of the shooting, the client is obliged to pay 50% of the agreed fee, unless the expenses and costs already incurred by the photographer/filmmaker are higher. In the event of cancellation less than 24 hours prior to the agreed start of the shoot, the client shall pay 100% of the agreed fee.
3. Cancellation of an agreed appointment for a shoot that is to last more than one working day: The client is obliged to reimburse the photographer/filmmaker for all expenses already incurred at standard hourly rates and other costs. In case of cancellation up to 10 working days (in CH - Zug) prior to the agreed start date, the customer will not be charged anything. In case of cancellation after 10 working days (in CH - Zug) but up to 5 working days (in CH - Zug) before the agreed start date, the customer is obliged to pay 50% of the agreed fee, unless the expenses and costs already incurred by the photographer/filmmaker are higher. In the event of cancellation less than 5 working days (in CH - Zug) before the agreed start date, the customer is obliged to pay 100% of the agreed fee.
4. if the client arrives more than 30 minutes late for the agreed start time, the photographer/filmmaker is entitled to proceed as if the client had cancelled in accordance with points 2 and 3 above. Please arrive on time and allow for traffic and possible delays.
5. the services of any third partie make-up artists and hair stylists hired for the shoot will be invoiced separately. Their fees are also subject to the provisions of points 2 - 4 above.
1. The delivery of the view link (this is a selection of the best pictures of the shooting in low resolution, unretouched, as a preview) will take place at the latest within 10 working days (in CH - Zug) after the shooting.
2. delivery will be made by Swiss Post or courier at the client's expense.
3. any shipment of photographic products or other material (whether by post, courier or electronically) is at the risk of the client. The Photographer/Filmmaker accepts no liability for damaged or lost mail. 4. The Photographer/Filmmaker does not provide raw data.
5. the Photographer/Filmmaker does not archive the Image Product. The Image Product shall be deleted by the Photographer/Filmmaker upon receipt of the Customer's acknowledgement of receipt.
X. PAYMENT TERMS
1. The Client shall pay 50% of the agreed fee immediately upon receipt of the Photographer's/filmmaker's order confirmation. The Photographer/Filmmaker shall not commence work until the Photographer/Filmmaker has returned the signed offer and 50% of the agreed fee has been credited to the Photographer/Filmmaker's account. If the Client subsequently withdraws from the agreement and/or the Photographer/Filmmaker has already commenced work before 50% of the agreed fee has been credited to his/her account, the Client shall be obliged to pay all expenses already incurred by the Photographer/Filmmaker at the usual hourly rates and costs, even if this total amount exceeds the deposit of 50% of the agreed fee already paid.
2. invoices must be paid within 10 days. If an invoice is not paid on time, the client will receive a payment reminder and a fee of CHF 30.00 will be charged additionally.
XI. AMENDMENTS TO THE AGREEMENT
1. the agreement of both parties to adjustments to the agreement made by e-mail or what’s app shall be binding.
2. any changes agreed by telephone must be confirmed in writing or by e-mail.
3. an exception is made for deviating instructions given by the client on the occasion of the shooting. The Client acknowledges that any changes to the written briefing given by the Client's employees or agents present at the shoot shall be binding.
1. the photographer/filmmaker is entitled to refer to the cooperation with the customer and to the image products created for the customer, in particular in publications (internet, printed matter), at exhibitions and in discussions with potential customers, and to show the image product for this purpose, for example, but not only, on his website, unless the customer has expressly refused this permission to the photographer/filmmaker on the customer form.
XIII APPLICABLE LAW AND JURISDICTION
1. Contracts between the Client and the Photographer/Filmmaker shall be governed exclusively by Swiss substantive law, to the exclusion of private international law and the Vienna Convention on Contracts for the International Sale of Goods.
2. the exclusive place of jurisdiction shall be the ordinary courts at the photographer's/filmmaker's place of business. However, the photographer/filmmaker is also entitled to sue the client at his place of residence.
COPYRIGHT BY CREATION STUDIO / A DIVISION OF PATRIZIO DI RENZO GROUP GMBH