General Terms and Conditions GTC
Preamble
The GTC is intended to achieve a fair balance of interests between Avocado Productions GmbH and customers.
I. Definition
1. Photographic or cinematic work. The term “photographic/cinematic work” means the result of work performed by the photographer/director for the client by the agreement made between the parties.
2. Director. The “director” is the person responsible for the performance of the cinematic work.
3. Photographer. The “photographer” is the person commissioned to perform the photographic work.
4. Customer. The “customer” is the person who orders the photographic work from the photographer.
5. Parties. The “parties” are Avocado Productions and the customer.
6. Copy of the photographic/cinematic work/specimen. Any reproduction of the photographic/filmic work in analog or digital form on a data carrier, mainly on paper, slides, CDROMs, or computer hard drives, is considered a “copy of the photographic work” or a “copy.”
II. Performance of photographic/filmic works
1. Subject to the customer’s written specifications, the design of the photographic/directing work is entirely left to the discretion of the photographer/director. In particular, he is entitled to decide solely on the design’s technical and artistic means, such as lighting and image composition.
2. In executing the photographic/filmic work, Avocado Productions can use assistants of its choice with the photographer/director.
3. The photo/film equipment and materials and the other equipment necessary for the work are provided by Avocado Productions and the photographer/director.
4. Subject to a contrary, written agreement, the customer is responsible for ensuring that the places (locations), objects, and persons necessary for work are timely for the are available.
5. If the client postpones a recording session to a later date or if he fulfills his obligations by Section II.4. Avocado Productions is entitled to reimburse the costs already incurred (including third-party expenses). In addition, compensation is due. This is based on the tariff of the SBF and amounts to 50% of the fee that would be owed for the execution of the canceled recording session.
6. The rule in point II.5 shall also apply if a recording session is less than two days before the Start of the recording session due to unfavorable weather conditions to a later date is postponed.
7. The place of performance is the registered office of Avocado Productions GmbH. If the customer asks Avocado Productions to send him the work done or copies of this work, transport risks shall pass to the customer.
8. In the case of large photo productions, Avocado Productions is entitled to a payment on account of at least 60% of the Production costs.
9. For film/video productions, the following payment terms apply 30% upon signing/confirmation of the order, 40% upon start of production, and 30% upon delivery of the finished film/video material. The percentage payments can be adjusted accordingly depending on the project.
10. The fee agreed between the parties is due plus VAT if applicable and must be paid according to the information in the offer/invoice.
11. The final invoice may deviate from the cost estimate by +-10% if no reserves are included in the cost estimate.
In the case of unplanned additional work corresponding to the client’s circumstances or changes at short notice that have not been included in the cost estimate, the 10% deviation is not included but will be invoiced as an additional expenditure.
III. Liability of the photographer/director
1. Avocado Productions is liable for defects only for intentional and grossly negligent conduct. The limitation of liability also applies to the conduct of its photographers/directors, employees, and auxiliary persons.
2. In writing, the customer must have his maengelrüge within six working days from the delivery date to Avocado Productions. Otherwise, the work is approved, and no claims can be asserted.
IV. Use of the recordings by the customer
a. Generally
3. The customer may only use the work for the agreed-upon with Avocado Productions. Any use contrary to the agreement obliges the customer to pay Avocado Productions compensation in 150% of the fee owed.
4. Only the customer is entitled to use the work within the framework of the agreement made with Avocado Productions. Without a mutual written agreement, the customer is not entitled to give third parties the right to use the work.
5. The customer must mention the name of the photographer/director in a suitable form when using the work intended with Avocado Productions. A featured sign © or a similar endorsement agreed upon with Avocado Productions. If the note is omitted, the customer owes in addition to the agreed fee compensation in the amount of 50% of the fee, which would have to be paid for the unlawful use of the work by the SBF tariff.
6. The Federal Act of 9 October 1992 on Copyright and Related Rights (COPA) provisions are reserved.
b. Rights of third parties
1. Suppose the Customer has indicated to Avocado Productions which persons will be photographed/filmed during the work. In that case, the Customer shall ensure that these persons have given their consent to the use that the Customer wishes to make of their image/videos in the context of the use of the Work.
2. Suppose the customer has handed over objects to Avocado Productions or has indicated to him certain places to be photographed in the context of the photographic work. In that case, the customer must ensure that no right of third parties precludes the use that the customer wants to make of the image of these objects or places (locations) in the context of the use of the photographic work.
3. Suppose the obligations provided in the two preceding paragraphs are breached. In that case, the Customer undertakes to reimburse Avocado Productions for any damages to which it could be sentenced in favor of the beneficiaries and indemnify it for all litigation costs against the heirs.
V. Use of the work by Avocado Productions and photographer/director
1. Avocado Productions and the photographer/director reserves the right to publish the work in any form and on any medium (in particular on the Internet), to make it accessible to third parties, to make it accessible to third parties. To grant an exclusive or non-exclusive license to use the work or hand over copies of the work to third parties. However, this right of Avocado Productions and the photographer/director is subject to the customer’s prior consent. The customer undertakes not to refuse his consent without good cause; the customer who does not expressly refuse or restrict his support in writing within thirty days of the application for authorization from Avocado Productions shall be deemed to have agreed to the respective use.
2. In the case of the use of the work by Avocado Productions and the photographer/director within the meaning of the preceding paragraph, Avocado Productions, and the photographer/director must ensure that the intended use does not infringe any right of third parties to depict persons, goods or places.
VI. References
Avocado Productions and the photographer/director have the right in publications (Internet, social media, printed matter), art exhibitions, and conversations with potential customers to point out the cooperation with the customer and the work created for him.
VII. Applicable law and place of jurisdiction/miscellaneous
Offers from Avocado Productions are generally valid for 60 days.
Contracts between the customer and the Photographer/Director are exclusively subject to Swiss law.
The exclusive place of jurisdiction is the registered office of Avocado Productions GmbH.
Avocado Productions GmbH, Lucerne, Switzerland 2022
