GENERAL TERMS AND CONDITIONS OF BUSINESS

preamble

The terms and conditions are intended to achieve a fair balance of interests between photographer and client.

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 reached between the parties.

2. Photographer. The term "photographer" refers to the person commissioned to perform the photographic work. In these terms and conditions, the term "photographer" refers to "Lakeside Photography Denise Ackerman" and, of course, includes persons of both genders. It also encompasses photo designers.

3. Customer. The "customer" is the person who commissions the photographic work from the photographer. In these terms and conditions, the term "customer" naturally refers to persons of both genders.

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 (in particular on paper, slide, CD-ROM, computer hard drive) or online (in particular in computer networks, on websites) is considered a "copy of the photographic work" or a "copy".

II. Execution of the photographic work and fee

1. Unless otherwise specified in writing by the client, the design of the photographic work remains entirely at the photographer's discretion. In particular, the photographer has sole discretion over the technical and artistic design elements, such as lighting and image composition, and the selection of the means for their implementation.

2. The photographer may employ assistants of his choice to carry out the photographic work.

3. The photographer will provide the recording equipment required to carry out the photographic work.

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

5. If the client postpones a photo shoot less than two days before the scheduled date or fails to fulfill their obligations, e.g., according to section II.4, the photographer is entitled to reimbursement of costs already incurred (including third-party costs). In addition, the photographer is entitled to compensation. This is calculated based on the SBF tariff applicable at the time of contract conclusion (non-binding SBF guidelines for calculating photographic commissions) and amounts to 50% of the fee that would have been due according to the tariff for the cancelled photo shoot.

6. The rule in section II.5 also applies if an admissions session is postponed to a later date less than two days before the start of the admissions session due to adverse weather conditions.

7. The place of performance is the photographer's place of business. If the client requests that the photographer send the completed photographic work, or copies thereof (physical or electronic), the risks of transport are transferred to the client.

8. The fee agreed between the parties is payable plus VAT and – unless otherwise agreed in writing – within 30 days of invoicing.

9. For late payments, a default interest rate of 5%/year and reminder fees of CHF 10.- for the first reminder and 20.- for the 2nd (= last) reminder will be charged.

10. For large-scale productions, especially those requiring significant upfront financial investment from the photographer, the photographer is entitled to an advance payment of at least one-third of the production costs. Costs and expenses necessary for the execution of the commission, such as fees for assistants and models, equipment rental, studio rental, props, travel expenses, parking fees, and other out-of-pocket expenses, are not included in the fee and are the responsibility of the client.

11. By placing an order, the client agrees to accept the photographic work. The full fee is payable even if the commissioned and delivered images are not used.

III. Photographer's Liability

1. The photographer is liable, including for defects, only for intentional and grossly negligent conduct. This limitation of liability also applies to the conduct of his employees and assistants.

2. The customer must submit any complaints regarding defects in writing within six working days of the delivery date of the work; otherwise, the photographic work is considered approved and no further claims can be made.

IV. Use of the photographic work by the client

1. Generally

2. The client may only use the photographic work for the purpose and period agreed upon with the photographer. If no such period has been agreed upon, the duration is determined by the purpose of the commission. Any use contrary to the agreement obligates the client to pay the photographer compensation amounting to 150% of the fee owed according to the SAB tariff (Swiss Association of Picture Agencies and Archives) applicable at the time the contract was concluded.

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

4. When using the work as agreed with the photographer, the client must credit the photographer appropriately. This must include the copyright symbol © followed by a note or a similar statement agreed upon with the photographer (e.g., "All rights reserved by…"). If this notice is omitted, the client owes, in addition to the agreed fee, compensation amounting to 50% of the fee that would be payable for the unauthorized use of the photographic work according to the SAB tariff (Swiss Association of Picture Agencies and Archives) in effect at the time the contract was concluded.

5. The provisions of the Federal Act on Copyright and Related Rights (URG) remain reserved.

V. Third-Party Rights

1. If the client has instructed the photographer to photograph (certain) persons as part of the execution of the photographic work, the client must ensure that these persons have given their consent to being photographed and to the subsequent use of the photographic work within the scope of the contract purpose.

2. If the customer has provided the photographer with objects and/or equipment or has specified certain locations to be photographed as part of the photographic work, the customer must ensure that no third-party rights prevent the creation of the photographic work and its subsequent use within the scope of the contract.

3. If the obligations stipulated in the two preceding paragraphs are breached, the client undertakes to reimburse the photographer for any payment (e.g., damages) that the photographer may be required to make in favor of the rights holders, and to compensate the photographer for all costs incurred in connection with resolving the situation (e.g., costs associated with settlement or court proceedings).

VI. Use of the photographic work by the photographer

The photographer retains the right to use the photographic work for their own purposes at any time on their website www.lakesidephoto.ch, in their portfolio, and on their social media channels. If it has been expressly agreed in writing in a specific case that the client receives the copyright to the photographic work, the photographer still retains the right to use the photographic work for their own purposes, in particular on their own website, in portfolios, social media, at art exhibitions, etc.

VII. References

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

VII. Applicable Law and Jurisdiction

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

2. The exclusive place of jurisdiction is the photographer's place of business.