The following provisions regulate the legal relationship between the models and the respective customers in a binding manner, unless expressly agreed otherwise in individual cases. The customer is the person who books a model with FOTOGEN Ltd, unless otherwise expressly agreed in writing at the time of booking. FOTOGEN Ltd is considered an intermediary within the meaning of the Swiss Employment Agency Act and acts as the closing agent. FOTOGEN Ltd therefore acts as the model’s direct representative and makes statements to the customer on behalf of and on behalf of the customer.
FEE ; VAT
The customer is responsible for the orderly processing of the booking and its payment. As a result, the customer is obliged to pay FOTOGEN Ltd the entire invoice amount including the agency fee, which was agreed in the client model booking confirmation and/or in an e-mail booking confirmation and is part of the fee amount listed therein. FOTOGEN Ltd pays for the social benefits and any taxes as a service to the customer. Follow -up bookings are exclusively to be done through the Agency FOTOGEN Ltd. Direct proposals and/or bookings of FOTOGEN Ltd -Models, without the knowledge and/or written confirmation of such from FOTOGEN Ltd , are strictly prohibited. In case of violation, the agency FOTOGEN Ltd is entitled to a claim of CHF 2,000 (two thousand Swiss francs) from the client for each case. The assertion of further damage remains reserved. The payment of such a claim does not free the client from compliance with his duties towards the other terms hereunder. All amounts are subject to swiss VAT.
EXPENSES AND EXPENSES
In the case of the models resident at the place of work or who have not traveled there, accommodation and meal costs will not be reimbursed. Taxi costs (with the exception of half-day and hourly bookings) are only reimbursed from the city limits. When traveling together from the airport/train station of the departing model, the travel, meal and accommodation costs incurred are borne by the customer. Reimbursement takes place either according to the standard tax rates per working day or on presentation of the receipts. If the model works for several customers at the place of work, the costs incurred must be divided according to the respective working days. For all-day bookings, the customer is responsible for meals. The reimbursement of expenses is to be agreed with the customer in advance.
The model fee/failure fee as well as the expenses and expenses are to be paid by the customer 10 days after receipt of the invoice. Payment must be made in the currency agreed in the client model booking confirmation or shown on the invoice. OPTIONS AND BOOKINGS Options are appointment-binding reservations. An option expires if a firm booking is not made at the latest three working days (by 6:00 p.m.) before the model is deployed or within one working day of FOTOGEN’s request. Saturdays and Sundays are not considered working days. Central European calendar applies. Options will be noted upon receipt of booking. Firm bookings are binding for both parties and must be confirmed immediately in writing by FOTOGEN Ltd at the customer’s request, stating the essential details. FOTOGEN Ltd has the reciprocal right. Weather-related bookings are only possible at the location of the model and must be expressly designated as such. Unless otherwise agreed, these are fine-weather bookings.
If the weather conditions are not available or if the weather is unclear,
the customer can cancel the booking with FOTOGEN Ltd up to one hour before the agreed start of the model’s use. In this case, the cancellation fee is 100% (one hundred percent) of the agreed total fee, unless an alternative date is specified. Expenses, travel expenses or rebooking fees that have already been paid shall be borne in full by the customer.
A firm booking can be canceled by the customer or the model for important reasons. An important reason is, for example, circumstances that would make it economically unreasonable to carry out the firm booking. FOTOGEN Ltd must be informed of the cancellation immediately. The following cancellation provisions apply to a booking for more than one working day: the cancellation must be made as many working days before the start of the model as there are working and travel days booked – but at least three working days. The following cancellation provisions apply to daily and hourly bookings: the cancellation must be made at least 24 hours before the start of the model’s use. In both cases, the following cancellation provisions apply: the cancellation must be made during normal office hours. If the cancellation is announced before 12 noon, this day must be included in the calculation. Here, too, Saturdays and Sundays do not count as working days and Central European time calculation must be taken into account. If the cancellation by the customer is not made in time or without an important reason, the agreed fee according to the booking d
if a job is canceled by the model, FOTOGEN Ltd will make all reasonable efforts, if necessary in collaboration with other agencies, to find an adequate replacement for the customer. however, FOTOGEN Ltd will on no account be held liable for any cost arising out of such a cancelation. furthermore, are the non-liability clause as stated under point “non-liability” will be applicable.
With a daily booking, the working time is 8 hours – with a half-day booking, 4 hours. Unless otherwise agreed, the working time for a day booking is from 9:00 a.m. to 18:00 p.m. including a one-hour lunch break. The working time begins with the arrival of the model at the agreed place of work at the agreed time. Preparations such as make-up and hairstyle on location count as working time. The remuneration for the travel time is to be agreed with the customer in advance. Evening work between 20:00 p.m. and 23:00 p.m. is charged with a surcharge of 50% (fifty percent) of the
agreed hourly rate. Night work between 23.00 p.m. and 6 a.m. as well as work on Sundays and public holidays will be charged with a surcharge of 100% of the hourly rate. Working hours that are worked by the model beyond the working time agreed in the client model booking confirmation are considered overtime. Overtime is remunerated based on the hourly rate per hour started. Exceeding the working time by up to 30 minutes will not be charged as a gesture of goodwill. The joint arrival and departure of the model and customer between the hotel and the place of work counts as working time. As a gesture of goodwill, arrival and departure up to one hour per day will not be charged. Travel time of more than one hour will be charged at 50% (fifty percent) of the hourly rate.
In the event of complaints that make it impossible to carry out the booking as planned, the customer must inform FOTOGEN Ltd immediately and explain the reasons for the complaint. Photos must be taken to prove the reasons for the complaint. The model must then be expressly released from his work obligation. The model is not responsible for hairstyle, styling and make-up. In the case of justified complaints, there is no obligation to pay for this model. In any case, however, the travel expenses are to be borne by the customer. If the booking was nevertheless made with the model (in particular any publications), this shall be deemed a waiver by the customer of any complaint. If a delay or a delay was caused by the model (e.g. overslept, missed means of transport, etc.), then it has to work longer accordingly. If this is not possible or only partially possible due to special circumstances, the model loses its pro rata daily fee entitlement. If produced material cannot be used for technical, aesthetic, political or religious or ethical reasons, neither the model nor FOTOGEN Ltd can be held liable. The agreed fee claims remain.
Insofar as the customer is entitled to copyrights or co-copyrights to the media produced (e.g. photographs, video, sound and text productions, whether in print, online, radio or television) and nothing else has been expressly agreed, the agreed model fee according to the booking, the right to use or use the means mentioned is granted exclusively to the customer mentioned for the agreed purpose, the agreed product and the agreed form of use. There is no right to exclusivity of the model without a corresponding written agreement. Any further use or use (in particular for posters, placards, packaging, displays, videos, Internet, catalogues, brochures, PR materials, flyers and the like as well as use of the model name) requires the express written consent of FOTOGEN Ltd for each to pay a reasonable fee for each publication. Should such media nevertheless be published without the knowledge of FOTOGEN Ltd , the customer is responsible for the damage incurred, whether it be financial damage or damage to reputation or loss of profit.
FOTOGEN AG is an intermediary. The contracts are agreed between the model and their customers. FOTOGEN Ltd is therefore only liable for the careful selection and instructions of the models. Any further liability from a booking and the resulting copyrights is excluded – the customer and the model are not entitled to make claims against FOTOGEN Ltd which may arise for copyright reasons. The liability of the agency for any legal reason is limited to the total fee for the model booking, except in the case of intent and gross negligence.
SPECIFIC CUSTOMER OBLIGATIONS
In the case of particularly high-risk bookings, the customer must take out appropriate insurance for the model. If FOTOGEN Ltd was not expressly informed of the risk at the time of booking, the model is entitled to refuse its service and will receive a cancellation fee of 70% (seventy percent) of the
agreed total fee according to the booking. The model is also entitled to refuse performance in order to protect privacy and mental health or to uphold political, religious or ethical values. The customer undertakes to make changes or additions to the bookings and deviations from these booking conditions only after prior consultation with FOTOGEN Ltd and to refrain from asking the model to make changes or additions to the booking during the assignment or to sign contracts or releases on site. Written confirmation from FOTOGEN Ltd is required for such changes to be valid, otherwise they are void. Bookings related to pornographic depictions are not permitted. The client agrees to respect and protect the privacy of the model. The customer is prohibited from storing personal data, addresses or telephone numbers of the model in any form or passing them on to third parties. As soon as a model/artist is presented and successfully placed by the agency, the customer undertakes to book them through the agency in the future.
The provisions in the general terms and conditions apply during and 10 years after the end of the individual bookings.
If one or more provisions of this contract violate applicable law and are therefore void, this does not affect the validity of the remaining provisions or the contract. In this case, the invalid provision is to be adjusted or replaced by a provision that comes as close as possible to the economic objective of the invalid provision in a valid form.
JURISDICTION AND CHOICE OF LAW
The ordinary courts in Zurich are responsible for complaints. Swiss law applies exclusively between the parties.