Conditions

preamble

The terms and conditions are intended to achieve a fair balance of interests between the photographer and the customer.

I. Definitions

1. Photographic work. The expression “photographic work” describes the result of work (video, film, photo, post-production, etc.) performed by the photographer for the client in accordance with the agreement reached between the parties.

2. Photographer. The "photographer" is the person commissioned to perform the photographic work. The term "photographer" in these terms and conditions naturally refers to persons of both sexes. It also includes photo designers.

3. Customer. The "customer" is the person who orders the photographic work from the photographer. The term “customer” in these GTC naturally refers to persons of both sexes.

4. Parties. The "parties" are the photographer and the client.

5. Copy of the photographic work / specimen. Any reproduction of the photographic work in analog or digital form on a (data) medium (especially on paper, slides, CD-ROM, computer hard drive) or online (especially in computer networks, on websites) is considered a «copy of the photographic work» or as « Copy".

II. Execution of the photographic work

1. Subject to written specifications from the customer, the design of the photographic work is entirely at the discretion of the photographer. In particular, he is solely entitled 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.

2. When carrying out the photographic work, the photographer can use assistants of his choice.

3. The recording equipment required to carry out the photographic work is provided by the photographer.

4. Unless otherwise agreed in writing, the customer is responsible for ensuring that the locations, objects and people required for the photographic work are available in good time.

5. If the customer postpones a recording session to a later date less than two days before its date or if he fails to fulfill his obligations, for example according to Section II.4. not later, the photographer is entitled to reimbursement of the costs already incurred (including third-party costs). In addition, he is entitled to compensation. This is calculated on the basis of the SBF tariff applicable at the time the contract was concluded (non-binding SBF guidelines for the calculation of photographic commissioned work) and amounts to 50% of the fee that would be owed according to the tariff for the execution of the canceled recording session.

6. The rule of clause II.5. also applies if a recording session is postponed to a later date less than two days before the start of the recording session due to unfavorable weather conditions.

7. The place of fulfillment is the place of business of the photographer. If the customer asks the photographer to send him the completed photographic work, or copies of this work (physically or electronically), the risks of transport pass to the customer.

8. The fee agreed between the parties is owed plus VAT and – unless otherwise agreed in writing – is to be paid within 30 days of invoicing.

9. The legal regulations apply to the creation of aerial photos and film recordings by 360air.space:
a. no flights possible in rain or snowfall and temperatures below 3°.
b. no flights before sunrise or after sunset (exemptions can be ordered and must be approved by the responsible authority)
c. Flights only up to a maximum wind force of 30 km/h. In general, windless days are desirable for high-quality video and photo recordings.
i.e. There must always be visual contact with the multicopter (exemptions can be ordered at the same time and depend on the approval of the responsible authority)
e. Maximum flight altitude 120m (restrictions are possible)

f. Maximum horizontal distance to the pilot 400m
G. No overflight of people or groups of people or busy streets.

H. Flight and territory restrictions apply. Drone map can be viewed here. LINK

i. Drone regulations can be adjusted by the Federal Office at any time. The current regulations issued by the Federal Office always apply

j. The client expressly assures that he has all the rights to place the order and, if necessary, to organize it in advance. If the rights of third parties are violated by the order, the customer is fully liable for this. The client is obliged to inform in advance and obtain the consent of persons whose data or property may be affected by the filming or flight activity.

k. 360air.space has the right to refuse corresponding flights on site.

l. When creating panorama shots of up to 360°, an attempt is made to produce as few cutting edges (parallax shifts) as possible. No claim can be made for stitching errors.

III. Liability of the Photographer

1. The photographer is liable, including liability for defects, only for intentional and grossly negligent behavior. The limitation of liability also applies to the behavior of his employees and assistants.

2. The customer must notify defects in writing within six working days of the delivery date of the work, otherwise the photographic work is deemed to have been approved and no further claims can be asserted.

IV. Client's Use of the Photographic Work

a. In general

1. The customer may only use the photographic work for the purpose agreed with the photographer and for the agreed period of time. If no such period has been agreed, the duration is determined by the purpose of the order. Any use contrary to the agreement obliges the customer to pay the photographer compensation amounting to 150% of the fee owed according to the SAB tariff (Swiss Working Group of Image Agencies and Archives) applicable at the time the contract was concluded.

2. Only the customer is entitled to use the photographic work within the framework of the agreement made with the photographer. Without a mutual written agreement, the customer is not entitled to grant third parties the right to use the photographic work.

3. The customer must mention the name "360air.space" in a suitable form when using the work with the photographer. With the prefix © and a suffix or a similar note agreed with the photographer (e.g. "All rights reserved by ..."). If the note is omitted, the customer owes, in addition to the agreed fee, compensation of 50% of the fee for the illegal use of the photographic work in accordance with the SAB tariff (Swiss Association of Image Agencies and Archives) applicable at the time the contract was concluded. would have to be paid.

4. The provisions of the federal law on copyright and related rights (URG) remain reserved.

b. Third Party Rights

1. If the customer has indicated to the photographer that (specific) persons will be photographed as part of the performance of the photographic work, the customer must ensure that these persons give their consent to the photograph being taken and to the subsequent use of the photographic work in the context of the have given contractual purpose.

2. If the customer has handed over objects and/or equipment to the photographer or has given him specific locations that are to be photographed as part of the photographic work, the customer must ensure that no third party rights to the creation of the photographic work and its subsequent use within the scope of the purpose of the contract.

3. If the obligations provided for in the two previous paragraphs are breached, the Client undertakes to reimburse the Photographer for any payment (e.g. damages) that the Photographer may be required to make in favor of the beneficiaries and for any costs related to the rectification of the situation to reimburse any costs incurred (e.g. costs in connection with settlement or court hearings).

V. Use of the Photographic Work by the Photographer

If it has been expressly agreed in writing in an individual case that the customer receives the copyright to the photographic work, the photographer retains the right to use the photographic work for his own purposes, in particular on his own website, in portfolios, at art exhibitions etc.

VI. references

The photographer has the right at any time to refer to the collaboration with the customer and to the photographic work created for him, particularly in publications (internet, printed matter), at exhibitions and in discussions with potential customers.

VII. Governing Law and Jurisdiction

1. Swiss law is exclusively applicable to contracts between the customer and the photographer.

2. Exclusive place of jurisdiction is the place of business of the photographer.