General Terms and Conditions (GTC)
of www.jochenfrenzer.ch / Photofever Jochen Frenzer

Preamble
These General Terms and Conditions aim to ensure a fair balance of interests between the photographer and the client.

I. Definitions
Photographic Work
The term „photographic work“ refers to the result of work carried out by the photographer for the client in accordance with the agreement made between the parties.

Photographer
The „photographer“ is the person commissioned to create the photographic work. This term applies to individuals of all genders and also includes photo designers.

Client
The „client“ is the person who commissions the photographic work from the photographer. This term applies to individuals of all genders.

Parties
The „parties“ are the photographer and the client.

Copy of the Photographic Work
Any reproduction of the photographic work in analogue or digital form on a data carrier (e.g., paper, slide, CD-ROM, hard drive) or online (e.g., on websites, networks) is referred to as a „copy“ or „reproduction“ of the photographic work.

II. Execution of the Photographic Work
Unless otherwise agreed in writing, the artistic and technical design of the photographic work is left entirely to the discretion of the photographer. This includes decisions regarding lighting, composition, and tools used.

The photographer may involve assistants of their choosing in carrying out the work.

All equipment required for the shoot will be provided by the photographer.

Unless otherwise agreed in writing, the client is responsible for ensuring that necessary locations, items, and individuals are available in a timely manner.

If the client reschedules a session less than two days before the scheduled date or fails to fulfill their obligations (e.g., providing access or subjects), the photographer is entitled to reimbursement of any incurred costs (including third-party costs) and an additional compensation of 50% of the originally agreed fee for the missed session.

The place of performance is the photographer’s place of business. If the client requests delivery (physical or digital), shipping risk passes to the client.

In the event of cancellation without rescheduling, the following flat-rate cancellation fees apply:

Up to 180 days before the appointment: CHF 50 (administrative fee)

Up to 120 days: 50% of the fee

Up to 90 days: 70% of the fee

Up to 60 days: 80% of the fee

Up to 30 days: 100% of the fee

Private shoots (weddings are subject to a separate agreement; if none exists, clause II.7 applies):

Cancellations up to 14 days before the session are free of charge (costs already incurred, e.g. pool rental, will be invoiced).

Cancellations 7 to 3 days prior: 50% of the fee is charged.

Cancellations 2 days or less before the session: 100% of the fee is charged.

III. Photographer’s Liability
The photographer is liable, including for defects, only in cases of intent or gross negligence. This also applies to assistants and employees.

Defects must be reported in writing within six working days after delivery. Otherwise, the work is considered accepted, and claims are excluded.

The client is responsible for their own accident insurance. The photographer assumes no liability for accidents during the session.

IV. Use of the Photographic Work by the Client
A) General Use
The client may use the photographic work only for the purpose and duration agreed with the photographer. If no specific duration is agreed, the usage duration is determined by the project purpose.

Any use beyond the agreed scope obligates the client to pay 150% of the standard SAB (Swiss Association of Picture Agencies and Archives) fee applicable at the time of contract conclusion.

Only the client is authorized to use the work. Without a written agreement, the client may not transfer usage rights to third parties.

The photographer must be credited appropriately wherever the work is used. Failure to do so results in an additional fee of 50% of the usage rate according to SAB.

Swiss copyright law (URG) remains applicable.

B) Third-Party Rights
If the client requests the inclusion of individuals in the photographs, the client is responsible for ensuring those individuals have consented to being photographed and for the intended use.

If the client provides objects or locations to be photographed, the client must ensure that no third-party rights are infringed.

If the above obligations are violated, the client agrees to fully indemnify the photographer for any damages awarded to third parties and any legal costs, provided the photographer informs the client promptly and allows for involvement in the legal process.

V. Use of the Photographic Work by the Photographer
The photographer reserves the right to use the photographic work in any format and on any medium (especially online), to share it with third parties, grant exclusive or non-exclusive licenses, or distribute copies—subject to the client’s prior consent.

The client shall not withhold consent without valid reason. If the client does not explicitly and in writing refuse or restrict use within 30 days of the photographer’s request, consent is deemed granted.

The photographer will ensure that no third-party rights are infringed during such use.

VI. References
The photographer has the right to mention the collaboration with the client and showcase the photographic work in publications (online or print), exhibitions, or conversations with potential clients.

VII. Validity
These GTC apply to all contracts between the photographer and the client. Changes must be made in writing.

VIII. Applicable Law and Jurisdiction
Swiss law exclusively governs all contracts between the client and the photographer.
Exclusive place of jurisdiction is the photographer’s registered business address.