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General terms and conditions for clients

Fairpicture is based at Spitalgasse 28 in CH-3011 Bern. Fairpicture offers civil society organisations (NGOs) and the public sector as well as private companies (= clients) an online service to acquire images and videos in their project areas. For this purpose, Fairpicture maintains a worldwide network of freelance local photographers and video journalists and commissions them to carry out the photo and video assignments (= image-creating subcontractors).

These General Terms and Conditions (GTC) refer to the relationship between the customer and Fairpicture when using the services.

Want to read the terms for creators? Continue here reading terms for creators.

1. Service Fairpicture

Establishment and maintenance of a global network of professional, freelance local picture makers.

i. Establishment and maintenance of a global network of professional, freelance local picture makers.

ii. Ensuring the professional quality of photography and video work in this network.

iii. Organisation and commissioning of local image makers as subcontractors, who produce photographs and/or videos at a specific time and place.

iv. Provision of standardised briefing templates in which the orders are described in detail, support in the briefing process.

v. Provision of a manual for local partner organisations with regard to photo and video assignments.

vi. Sensitization and training of photographers and video journalists for their security needs.

vii. Commitment of the imaging subcontractors to the Fairpicture Code of Conduct on images and behaviour.

viii. Ensuring that all images contain the meta information on content and context required by Fairpicture in accordance with the IPTC standard.

ix. Ensuring that the explicit consent of all persons portrayed or photographed in close proximity is obtained by means of a declaration of consent.

x. Quality control of the image material before delivery.

xii. Debriefing after completion of the assignment.

Fairpicture is compensated by the client with a fee amounting to 20% of the order volume (excluding expenses). Additional consulting services will be invoiced separately.

2. Fees, payment and cancellation

i. The number of working days available for travel, shooting and postproduction will be stated to the client in Fairpicture's order confirmation at the agreed rates.

ii. The client shall bear the costs of transporting the image-producing subcontractor from the place of departure to the destination and back, as well as the costs of overnight accommodation. An additional daily flat rate is owed to cover other costs (meals etc.).

iii. 30% of the fee costs agreed between the client and Fairpicture will be invoiced immediately after the order is placed. This enables Fairpicture to pre-finance travel expenses (e.g. flight tickets) incurred by the subcontractor who creates the images.

iv. For the order, the respective client undertakes to make the following payments, each plus the legally owed value added tax:

a. Fee per working day for travel, shooting, postproduction: CHF 390

b. Flat-rate expense allowance per working day for travel and shooting: CHF 30

c. Travel and accommodation expenses: effective.

v. If the client cancels an order up to 15 days before the start of the assignment, 50% of the agreed fee is due for payment. If the client cancels an assignment later than 15 days before the start of the assignment, 75% of the agreed fee is due for payment.

vi. Payment is to be made no later than 10 days after the order has been fulfilled.

3. Safety regulations for operations

i. The image-producing subcontractors are subject to the security regulations and structures of the client during the assignment. The client or the responsible persons appointed by the client may issue instructions to the image-producing subcontractor for security reasons. 

ii. The client's local contact person and Fairpicture will be informed immediately by the image-producing subcontractor if difficulties arise during the performance of the contract (e.g. accidents, safety issues, work stoppage, harassment or other incidents).

iii. The client is obliged to truthfully inform the image-producing subcontractors about the relevant aspects of the security situation on site. If necessary, a security briefing will be held by the client or a designated representative prior to the assignment.

4. Liability

i. The image-producing subcontractor is responsible for covering all insurance payments (e.g. social security, illness, accident and repatriation). The corresponding responsibility does not lie with the client or Fairpicture.

ii. Neither the client nor Fairpicture is liable for any damage that the image-producing subcontractor suffers during the assignment or that the image-producing subcontractor inflicts on third parties.

iii. Neither the image-creating subcontractor nor Fairpicture are liable for any damages resulting from the use of the photographic and video material created during the order.

iv. Fairpicture does not warrant that the images delivered to the client are compatible with other materials.

5. Copyright and rights of use

i. The rights to the photographic material created during the order are held by the subcontractor creating the image, but resale of the material is not permitted. In particular, the subcontractor may use the commissioned video and photographic material for his own publications and exhibitions, provided the client and Fairpicture are named.

ii. The subcontractor who creates the image grants the client the following rights of use for the video and photographic material ordered: 

a. Use of the photographic and video material within the framework of corporate communications, naming the subcontractor creating the image and Fairpicture and observing any restrictions stated in the declarations of consent.

b. Free distribution of the video and photo material to the media within the scope of public relations work, naming the subcontractor and Fairpicture. 

c. Sole responsibility for the use of a photograph or video The images may not be published in a way that presents the persons depicted in a negative or unfavourable light, ridicules them or causes them to be degraded. 

iii. The resale of the photo and video material is not permitted.

iv. Fairpicture has the right to use images and videos created within the scope of the commissions on its website and in social media with the naming of the client and the image-creating subcontractor. 

The credits for each published picture are in the following form: "Photo: Image creator/Client/Fairpicture".

6. Special obligations

i. The client supports the concept and approach of Fairpicture and, circumventing Fairpicture, does not work directly with image creators from the Fairpicture network.

ii. The image-creating subcontractor 

a. is instructed to follow the provisions of the Fairpicture Code of Conduct on images and behaviour, the requirements of the Fairpicture security checklist, the Fairpicture security manual and the local security instructions of the principal;

b. obtains the express consent of all persons who are portrayed or photographed from close up by means of the declaration of consent; 

c. must record the metadata for each photo according to the Fairpicture IPTC standard checklist;

d. is subject to the obligation of secrecy. Information about the client and the project may only be disclosed to third parties after consultation with the client's contact person.

e. supports the concept and approach of Fairpicture and does not work directly with existing clients of Fairpicture in circumvention of Fairpicture. 

7. Acceptance of the general terms and conditions

By expressly accepting these General Terms and Conditions of Business when confirming the order by e-mail or by confirming the online offer, the client confirms that he has taken note of the contents of these General Terms and Conditions of Business and has agreed to their validity in full.

8. Place of jurisdiction

Swiss law applies to the relationship between fairpicture and its clients. The ordinary courts of the Canton of Bern, Switzerland, shall be responsible for the settlement of disputes. Bern is the exclusive place of jurisdiction. This also applies to customers with foreign business or residence.

– Bern, August 2021