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General Terms of Delivery for Freelance Photographers of SFJ and SJU
The following terms are valid unless other arrangements have been met.
- Complaints on the contents of a delivery of photographic material have to be made immediately upon receipt. After the delivery has been accepted, the client is liable for the photographic material up until restitution or registered return respectively.
- The photographic material and enclosures remain properties of the photographer; they have to be returned immediately after publication or examination in the original condition. The client is obliged to forward the photographer one voucher copy immediately after publication.
- The orderer must pay the photographer a fee of at least the SFJ/SJU's current tariff "GAV II (1996)". The fee is to be settled within 30 days after the date of invoice.
- The fee for ordered photographic material, which is not published (excluding samples for choice from the archives), is the same as that for material published (remuneration loss).
- For photographic material ordered to choose from, the client must pay a supplement for handling and stock usage, which is implemented on the delivery note.
- Photographers can claim full compensation for substantiated expenses. Lump sum expenses must at least cover the outlays.
- The copyright remains with the photographer. The client only acquires the right of a single utilization of the photographic material for the purpose of or the publication agreed upon. The approval of the photographer (or possibly the agency) is needed for any further utilization and will be charged accordingly.
- All photos have to be marked with the name of the photographer (and possibly of the agency) when published. By disregard double the fee will be charged.
- The photographic material must not be passed on, nor duplicated, nor captured on any electronic data carriers or even alterated in any way (e.g. photo montage).
- If copyrights or individual rights are also held by third parties (e.g. art works, pictures of persons), the client is responsible for the acquisition of these rights; he/she is also liable for any claim placed by third parties.
- For photographic material which is overdue, the client is charged an extra CHF 5.00 for each photo per day (blocking fee)..
- If a picture is damaged or lost, the client must pay the photographer (according to the photographer's wish) the effective replacement costs or loss value of:
- For unauthorized utilization of photographic material the client will be penalized with CHF 1.000.00 in addition to the regular fee.
- Any disputes arising hereunder will be settled before a competent court of law at the domicile of the client or that of the photographer, depending on the photographer's choice.
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