The present agreement regulates the conditions under which the customers (hereinafter "Customer") may use the photos, illustrations, moving image content and other media content (hereinafter "Content") provided by the author (hereinafter "Author").
The author grants the customer a non-exclusive, temporally and spatially unrestricted license to use the content for the permitted use in accordance with the following provisions in return for payment.
All other rights to and in relation to the content, including all copyrights, remain with the author of the content.
(a) The license is generally non-transferrable.
(b) Exception: The right to use the content may be transferred to a be passed on to third parties, provided that the onward transmission takes place as part of the fulfillment of the customer project, e.g. by an advertising agency. Multiple use in projects by different customers is not permitted. In this case, an additional license must be purchased for each customer.
III. Purpose of use
(a) The content may be used by the customer in all media (e.g.) online use of any kind, social media, print use, TV, cinema, theatre, videograms (CD, DVD etc.), interactive and multimedia use etc. ) with the restriction that it is not the basis or the main component of the product or template distributed by the customer. The restriction only applies if the content is offered as part of a resale product. (Resale = commodities that are not given away for free, but are offered for sale, such as posters, postcards, canvas, cups, toys, stuffed animals, sporting goods, household, bathroom and kitchen goods, clothing, illustrated books, etc.; image uses advertising and promotions are covered by this license.An extended license must be purchased for such resale products.
(b) If the content is marked with the addition "only for editorial purposes", the use of the content is only permitted for editorial purposes (e.g. reporting, teaching material). Use of such images on websites with the character of customer magazines, customer magazines or similar use is not permitted.
IV. Right to edit
The content may be changed as long as it can be assumed that the changes will not result in any disadvantages for the author, the model shown or other third parties, e.g. interference with the author's moral rights, damage to reputation, property rights. Under no circumstances may the content be distorted or misused as a result of editing.
1. This contract is subject to Swiss law to the exclusion of the conflict of laws. Side agreements do not exist.
2. The place of jurisdiction in the event of legal disputes is Hedingen (8908, ZH).
3. If the customer postpones or cancels the order at least 2 weeks in advance, the customer has to pay the costs for third-party services that can no longer be canceled (visa, rent (equipment, location, studio, etc.) etc.), as well as preparatory work already done by the copyright at an hourly rate of CHF 200.00.
4. If the customer postpones or cancels the order less than 2 weeks in advance, the customer will be charged 80% of the author's fee and all other costs incurred.
5. If individual provisions of the contract are ineffective, this does not affect the effectiveness of the rest of the contract.
6. Changes to the contract must be made in writing.
7. The contract was issued in duplicate. A copy was given to the customer.
8. By signing this contract, the various parties affirm that they have read and understood this contract and that they agree with all its points.
IX. Applicable law and jurisdiction
All contracts between the Customer and the Photographer shall be governed exclusively by Swiss law.
Exclusive jurisdiction shall lie at the place of business of the Photographer.