GENERAL PROVISIONS

The following provisions shall govern 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 AG, unless expressly agreed otherwise in writing at the time of booking. FOTOGEN AG shall be deemed to be an intermediary within the meaning of the Swiss Employment Agencies Act and shall act as an agent. FOTOGEN AG therefore acts as the model’s direct representative and makes statements to the customer on behalf of and in the name of the customer.

FEES AND COMMISSIONS; VALUE-ADDED TAX

The client is responsible for the proper execution of the booking and its payment. Accordingly, the customer is obliged to pay FOTOGEN AG 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 stated therein. FOTOGEN AG is responsible for social security contributions and any taxes as a service to the client. Subsequent bookings must be processed exclusively via the FOTOGEN AG agency. Direct inquiries or bookings of the model bypassing the agency are strictly prohibited. Any infringement entitles the agency FOTOGEN AG to a claim against the customer of CHF 2,000 (two thousand Swiss francs) per infringement. The right to claim further damages remains reserved. Payment of such a claim shall not release the customer from compliance with his obligations.
The model fee shall therefore be renegotiated for each order and model.

EXPENSES

Accommodation and meal costs will not be reimbursed for models who are resident or have not traveled to the place of work. Cab costs (excluding half-day and hourly bookings) will only be reimbursed from the city limits. In the case of joint journeys, the travel, catering and accommodation costs incurred from the airport/railway station of the departing model shall be borne by the client. Reimbursement will be made either according to the standard tax rates per working day or on presentation of receipts. If the model works for several clients at the place of work, the costs incurred shall be divided according to the respective working days. In the case of full-day bookings, the client is responsible for meals. The reimbursement of expenses must be agreed with the client in advance.

PAYMENT TERMS

The model fee/cancellation fee as well as the expenses and disbursements are to be paid by the client 10 days after receipt of the invoice. Payment must be made in the currency agreed in the client model booking confirmation or as shown on the invoice.

OPTIONS AND BOOKINGS

Options are binding reservations for a specific date. An option expires if a firm booking is not made at least three working days (by 6 p.m.) before the model’s assignment or within one working day of being requested to do so by FOTOGEN AG. Saturdays and Sundays do not count as working days. Central European time applies. Options are noted after receipt of booking. Firm bookings are binding for both parties and must be confirmed immediately in writing by FOTOGEN AG at the customer’s request, stating the essential details. FOTOGEN AG shall have the right of counterclaim. Weather-related bookings are only possible at the model’s location and must be expressly designated as such. Unless otherwise agreed, these are fair weather bookings. If the weather conditions are not present or if the weather situation is unclear, the customer may cancel the booking with FOTOGEN AG up to one hour before the agreed start of the model’s assignment at the latest. In this case, the cancellation fee shall be 100% (one hundred percent) of the agreed total fee, unless an alternative date is specified. Any expenses, travel costs or rebooking fees already paid shall be borne in full by the customer.

CANCELLATIONS

A fixed booking can be canceled by the customer or the model for good cause. An important reason is, for example, circumstances which would make it economically unreasonable to carry out the fixed booking. FOTOGEN AG must be informed immediately of such a cancellation. For bookings of more than one working day, the following cancellation provisions apply: the cancellation must be made as many working days before the start of the model’s assignment as the number of working and travel days booked – but at least three working days. For daily and hourly bookings, the following cancellation conditions apply: Cancellation must be made at least 24 hours before the start of the model’s assignment.
In both cases, the following cancellation conditions apply: Cancellation must be made during normal office opening hours. If notice of cancellation is given before 12 noon, this day shall be included in the calculation. Saturdays and Sundays do not count as working days and Central European Time must be taken into account.
If the customer does not cancel in good time or without good cause, the agreed fee shall nevertheless be owed in accordance with the booking. If the cancellation is made by the model, FOTOGEN AG shall make every effort to find an adequate replacement for the customer, if necessary with the involvement of other agencies.

FOTOGEN AG cannot be held liable for any costs incurred as a result of cancellation. In particular, the exclusion of liability provisions in accordance with point “Exclusion of liability” apply.

WORKING HOURS

For a day booking, the working time is 8 hours – for a half-day booking, 4 hours. Unless otherwise agreed, the working time for a day booking is from 9.00 a.m. to 6.00 p.m. including a one-hour lunch break. The working time begins with the arrival of the model at the agreed location at the agreed time. Preparations such as make-up and hairstyling count as working time.

Compensation for travel time must be agreed upon with the client in advance.
Evening work between 8:00 PM and 11:00 PM will be charged with a 50% (fifty percent) surcharge on the agreed hourly rate. Night work between 11:00 PM and 6:00 AM, as well as work on Sundays and public holidays, will be charged with a 100% surcharge on the hourly rate.
Working hours that exceed the agreed assignment time stated in the Client-Model Booking Confirmation are considered overtime. Overtime will be compensated per commenced hour based on the hourly rate. A grace period of up to 30 minutes beyond the agreed working time will not be charged.
Joint travel of the model and the client between the hotel and the work location is considered working time. Travel time of up to one hour per day will not be charged as a gesture of goodwill. Travel time exceeding one hour will be billed at 50% (fifty percent) of the hourly rate.

COMPLAINTS

In the event of complaints that make it impossible to carry out the planned booking, the customer must inform FOTOGEN AG 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/her obligation to work. The model is not responsible for hairstyle, styling and make-up. In the event of justified complaints, any payment obligation for this model shall lapse. In any case, however, the travel costs shall be borne by the customer. If the booking was nevertheless made with the model (in particular any publications), this shall be deemed a waiver of any complaint by the customer. If a delay was caused by the model (e.g. oversleeping, missing a means of transport, etc.), the model must work for a correspondingly longer period of time. If this is not possible or only partially possible due to special circumstances, the model shall lose his/her pro rata daily fee claim. If produced material cannot be used for technical, aesthetic, political, religious or ethical reasons, neither the model nor FOTOGEN AG can be held liable for this. The agreed fee claims remain valid.

COPYRIGHT

Insofar as the customer is entitled to copyrights or joint copyrights to the media produced (e.g. photographs, video, sound and text productions, whether in the print, online, radio or television sector) and unless expressly agreed otherwise, the agreed model fee in accordance with the booking shall grant the rights of use or utilization of the said media exclusively to the said customer 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 utilization (in particular for posters, billboards, packaging, displays, videos, Internet, catalogs, brochures, PR materials, flyers and the like as well as use of the model’s name) shall require the express written consent of FOTOGEN AG and an appropriate fee shall be payable for each individual publication. Should such media nevertheless be published without the knowledge of FOTOGEN AG, the customer shall be liable for the damage incurred, whether financial or in terms of reputation or loss of profit. Future publications resulting from placements during the term of the contract with the agency shall continue to be managed by the agency even after termination of the contractual relationship between the agency and the model. This provision shall remain in full force and effect even after the termination of the contractual relationship. The client is obliged to inform the agency prior to the extension of a copyright and to negotiate an additional fee for this extension.

LIABILITY EXCLUSION

FOTOGEN AG is an intermediary. The contracts are agreed between the model and the customer. FOTOGEN AG is therefore only liable for the careful selection and instruction of the models. Any further liability arising from a booking and the resulting copyrights is excluded – the customer and the model are not entitled to make claims against FOTOGEN AG which may arise for copyright reasons. The liability of the agency for any legal reason is limited to the total fee of the model booking, except in cases of intent and gross negligence.

SPECIAL DUTIES OF THE CLIENT

In the case of particularly high-risk bookings, the customer must take out appropriate insurance for the model. If FOTOGEN AG has not been expressly informed of the risk involved at the time of booking, the model shall be entitled to refuse to perform and shall receive a cancellation fee amounting to 70% (seventy percent) of the total fee agreed in accordance with the booking.

The model is also entitled to refuse the service 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 AG and to refrain from encouraging the model to make changes or additions to the booking during the assignment or to sign contracts or releases on site. Such changes must be confirmed in writing by FOTOGEN AG in order to be valid, otherwise they shall be null and void. Bookings in connection with pornographic images are not permitted. The customer undertakes to respect and protect the privacy of the model.

The customer is prohibited from saving 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 introduced and successfully placed by the agency, the customer undertakes to book them through the agency in the future. If a direct booking is made with the model without the cooperation of the agency, the customer undertakes to pay a commission of 35% to the agency.

FINAL PROVISIONS

The provisions in the general terms and conditions apply during and for 10 years after the conclusion of individual bookings.

SEVERABILITY CLAUSE

Should one or more provisions of this contract violate applicable law and thus be void, this shall not affect the validity of the remaining provisions or the contract. In this case, the invalid provision shall be adapted or replaced by a provision that comes closest to the economic purpose of the invalid provision in a valid form.

JURISDICTION AND CHOICE OF LAW

The ordinary courts in Zurich shall have jurisdiction for legal actions. Swiss law shall apply exclusively between the parties.

FOTOGEN AG