General Terms and Conditions of FaceCraft GmbH
1. Conclusion of contract and scope of the GTCs
1.1 These General Terms and Conditions govern all services provided by FaceCraft GmbH (hereinafter “FaceCraft”) to the client.
1.2 Orders may be placed verbally, in writing or by e-mail.
1.3 The contract shall be concluded as soon as the client’s order has been confirmed by FaceCraft verbally, in writing or by e-mail.
1.4 By placing an order, the client confirms that he has taken note of the GTC and that he accepts them, unless otherwise agreed.
1.5 Any agreements that deviate from these GTC shall be set out in writing or by e-mail.
2. Definitions
2.1 Project work: The term “Project work” means the result of work performed by FaceCraft for the Client in accordance with the agreement between the parties. Project work shall also include Video Productions.
2.2 Agency: The agency “FaceCraft” is the person commissioned to perform the project work. All terms in these GTC refer, of course, to persons of both genders.
2.3 Client: The “Client” is the person who orders the project work from FaceCraft. The term “Client” in these Terms and Conditions refers, of course, to persons of both sexes.
2.4 Parties: The “Parties” are FaceCraft and the Client.
2.5 Copy or copy of the project work: Any reproduction of the project work in analogue or digital form on a (data) carrier (in particular on paper, USB stick, computer hard disk, etc.) or online (in particular in computer networks, on websites) shall be deemed to be a “copy of the project work” or a “copy”.
3. Subject matter and scope of the project work
3.1 The subject matter of the project work ordered shall be set out in the contract.
3.2 The technical and artistic design of the project work shall be at the sole discretion of FaceCraft. In particular, the agency and responsible project managers shall have the sole right to decide on the technical and artistic means of design, such as lighting and image composition, and the selection of the means for their implementation.
3.3 Unless otherwise contractually agreed, the project work shall be carried out
a) digital
b) in colour and black/white
3.4 FaceCraft shall in principle carry out the project work personally. However, FaceCraft is entitled to use auxiliary persons of its choice. If FaceCraft is unable to carry out the project work on the agreed date due to circumstances beyond its control (e.g. force majeure, sudden illness, accident, etc.), it shall inform the clients of this without delay and recommend a substitute, provided this is reasonable for FaceCraft and the clients agree.
3.5 The shooting equipment required for the performance of the project work shall be provided by FaceCraft.
3.6 Unless otherwise agreed in writing, the client is responsible for ensuring that the locations, objects and persons required for the project work are available in good time.
3.7 If the Client postpones a shooting session to a later date less than two days before its date or if the Client fails to comply with its obligations, e.g. pursuant to clause 3.6, FaceCraft shall be entitled to compensation for the costs already incurred (including third-party costs). In addition, FaceCraft shall be entitled to compensation in the amount of 50% of the contractually agreed remuneration owed by the client. If the remuneration is not agreed as a lump sum, FaceCraft shall be entitled to charge the Client for the time actually spent as well as a contractual penalty of CHF 500.
3.8 The rule under clause 3.7 shall also apply if a recording session is postponed to a later date by the Client less than two days before the start of the recording session due to unfavourable weather conditions.
3.9 The place of performance shall be FaceCraft’s place of business in Lucerne, Grossmatte Ost 24B, unless otherwise agreed. If the client wishes the project work performed, or copies of this work (physical or electronic) to be sent, the client shall bear the risk of transport.
4. Remuneration
4.1 The fee agreed between the parties, plus expenses, is due and payable – unless otherwise agreed in writing – within 20 days of the date of the invoice.
4.2 In the event that advance payments are not received in due time, FaceCraft shall be entitled, if contractually agreed, to make other appointments for the dates already reserved. FaceCraft must inform the client of this at least 24 hours in advance.
4.3 In the event of late payment, FaceCraft will send a maximum of three reminders. A fee of CHF 30 will be charged for the second and each subsequent reminder. If the client does not pay on time after the third reminder, measures under debt collection law or legal proceedings will be initiated. In addition, interest on arrears of 5 percent will be charged in the event of late payment. We reserve the right to claim further damages and costs.
5. Liability and Warranty
5.1 FaceCraft shall be liable, including liability for defects, only for intentional and grossly negligent conduct. This limitation of liability shall also apply to the conduct of all employees and auxiliary persons.
5.2 FaceCraft shall also not be liable for consent not obtained from third parties who are part of the project work requested by the Client (cf. Sections 6.5 and 6.7 below).
5.3 The client shall give notice of defects in writing and in detail within six calendar days of delivery of the work, otherwise the project work shall be deemed to have been approved and no further claims may be asserted.
5.4 In the event of defects notified in good time, the client shall only be entitled to a replacement delivery or rectification of defects. If the repair or replacement fails or is disproportionate, FaceCraft may also grant the Client a reduction of the remuneration or of the purchase price or, in the case of substantial defects, offer to rescind the contract. The client has no right of choice. Any further claims are expressly excluded.
5.5 If print images are provided, they must be handled with care by the client and returned to FaceCraft in due time.
5.6 In the event of damage to original images, compensation is owed and in the event of loss the client owes FaceCraft at least CHF 500 as compensation. FaceCraft reserves the right to claim further damages.
6. Use of the project work by the client
a. In general
6.1 Client may use the Project work only for the purpose and for the period agreed with FaceCraft. If no such period has been agreed, the duration shall be determined by the purpose of the order. Any use contrary to the agreement shall oblige the client to pay FaceCraft compensation in the amount of 150% of the contractually agreed remuneration. If the amount of the compensation is not contractually defined, Client shall in this case owe FaceCraft a contractual penalty of CHF 1,000.
6.2 Only the Client is entitled to make use of the project work within the framework of the agreement made with FaceCraft. Unless mutually agreed in writing, the Client is not entitled to grant third parties the right to use the project work.
6.3 Client shall mention the name of the Photographer/Video Producer/Director/Consultant in an appropriate manner when using the Work as agreed with FaceCraft. This shall be done by means of the symbol © in front of the name of the photographer/video producer or by means of a similar note agreed with the photographer/video producer/director/consultant (e.g. “All rights reserved by FaceCraft GmbH. Photographer/video producer/director/consultant: Name”). If the note is omitted, the Client shall owe a contractual penalty of CHF 500 in addition to the agreed fee.
6.4 The provisions of the Federal Copyright and Related Rights Act (URG) shall remain reserved.
b. Rights of third parties
6.5 If the Client has indicated to FaceCraft that (certain) persons are to be photographed in the course of the performance of the project work, the Client shall ensure that these persons have given their verifiable consent to the photographs of themselves and to the subsequent use of the project work within the scope of the purpose of the contract.
6.6 If the Client hands over to FaceCraft objects and/or equipment or designates certain locations to be the subject of the project work, the Client must ensure that no third party right prevents the creation of the project work and its subsequent use within the scope of the purpose of the contract.
6.7 In the event of a breach of the obligations provided for in the two preceding paragraphs, the Client undertakes to reimburse FaceCraft for any payment (e.g. damages) that the agency may be obliged to make in favour of the beneficiaries and to indemnify it for any costs incurred in connection with the settlement of the situation (e.g. costs relating to settlement or court proceedings).
7. Use of the project work by FaceCraft
7.1 FaceCraft or the responsible project manager is the author of the project works and retains all rights unless these have been contractually assigned to the client for exclusive use.
7.2 FaceCraft is entitled to store, process and publish the material (e.g. photos, videos, animations) free of charge, without temporal or spatial restrictions, in modified or unmodified form, provided it is not for external commercial use. FaceCraft has the right to use the photographic material
a) on its websites
b) on all social media channels on which FaceCraft is represented
c) in workbooks
d) in and around its production studio
e) in galleries and exhibitions
for informational and promotional purposes.
7.3 As far as rights to one’s own image are concerned, the Client grants his consent, which may be revoked at any time, to the use and publication of his image rights for the above-mentioned purposes. This consent shall be obtained by FaceCraft in the contract.
7.4 The Client’s consent is also required for any further use.
8. Data protection
8.1 The Client acknowledges that the processing of personal data serves the performance of the contract and/or the initiation of the contract. Any consent given by the Client or by third parties, in particular for the processing and publication of image rights, may be revoked in writing to FaceCraft at any time.
8.2 The manner in which FaceCraft processes personal data can be found in the privacy policy of FaceCraft GmbH at https://thefacecraft.com/de/about-us/. In addition, the applicable legal provisions apply, in particular the Data Protection Act (DSG) or the EU General Data Protection Regulation (EU-DSGVO).
9. References
FaceCraft shall at all times have the right to refer to its cooperation with the Client and to the project work created for the Client, in particular in publications (Internet, printed matter), at exhibitions and in discussions with potential clients. The revocation of the consent to the use of the image rights by the client or the requested secrecy regarding the naming of the client shall remain reserved.
10. Applicable law and place of jurisdiction
10.1 Contracts between the client and the photographer shall be governed exclusively by Swiss law.
10.2 The exclusive place of jurisdiction is Lucerne.
Lucerne, 23. January 2024
