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General terms and conditions for creators

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 image-creating subcontractor and Fairpicture.

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

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. Acquisition of orders as well as organisation and commissioning of local image makers as subcontractors, who produce photographs and/or videos at a certain time and place

iv. Provision of standardised briefing templates with which the clients describe the assignments in detail and in a comprehensible manner.

v. Provision of a manual for the clients, which enables the smooth running of the photo and video orders.

vi. Sensitization and training of the subcontractors in the field of imaging in matters of their personal safety.

vii. Provision of a manual on the required IPTC standards.

viii. Financing of the fees for the "Easy Release" app, which requires the express consent of all persons portrayed or photographed in close proximity.

ix. Consulting and support before and during the assignment.

x. Debriefing after completion of the order.

2. Image creating subcontractor: order scope, fee and cancellation

i. Fairpicture consults with the image-creating subcontractor regarding the number of days required for travel, shooting and post-production (working days) to complete the order. The subcontractor agrees to the number of working days as communicated by Fairpicture to the client in the order confirmation.

ii. The number of working days agreed upon by Fairpicture with the customer is generally binding.

iii. If necessary, Fairpicture will make an advance payment so that the subcontractor can pre-finance travel expenses (e.g. flight ticket).

iv. 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. To cover the other costs (meals etc.) the client owes an additional daily flat rate.

v. The subcontractor agrees to the following fee and expense estimates (including the legally owed value added tax):

a. Fee per working day for travel, shooting, postproduction: CHF 292.50

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

c. Travel and accommodation expenses: effective.

d. Payments on foreign currency accounts are made at the exchange rate valid at the time.

vi. 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.

vii. The subcontractor who creates the image will invoice the agreed expenditure plus the expenses documented by receipts.

viii. Fairpicture transfers the fee to the bank account specified by the image-producing subcontractor no later than 15 days after the conclusion of the assignment with the international payment service provider TransferWise.

3. Safety regulations for operations

i. During the assignment, the image-producing subcontractors are strictly subject to the client's safety regulations and structures. They expressly acknowledge the authority of the client and of the responsible persons appointed by the client.

ii. The image-producing subcontractors inform the local contact person of the client and Fairpicture immediately if difficulties arise during the performance of the contract (e.g. accidents, safety issues, work stoppage, harassment or other incidents) Fairpicture has the right in all cases to take appropriate measures.

iii. The image-producing subcontractors are truthfully informed by the client about the relevant aspects of the security situation on site. If necessary, a security briefing is conducted by the client or a designated representative prior to the assignment.

4. Liability

i. The image-creating subcontractor is responsible for covering all insurance payments (e.g. social security, illness, accident and repatriation). 

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.

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 of the subcontractor

i. The image-producing subcontractor shall comply with the provisions of the Fairpicture Code of Conduct on images and behaviour, the requirements of the Fairpicture security checklist and the Fairpicture security manual as well as the local security instructions and the Code of Conduct and the Ethical Codes of the client. 

ii. The subcontractor must obtain the express consent of all persons to be portrayed or photographed from close up in the declaration of consent. He ensures that the declarations of consent can be unambiguously linked to the pictures.

iii. The imaging subcontractor must capture the metadata for each photo according to the Fairpicture IPTC standard checklist.

iv. The subcontractor creating the image 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.

v. The image-creating subcontractor supports the concept and approach of Fairpicture and does not work directly with existing Fairpicture clients, bypassing 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 image-creating subcontractor 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. 

By accepting the General Terms and Conditions of Business, the subcontractor declares that as a self-employed person he or she

a. pays the full statutory social security contributions on all remuneration in accordance with the statutory provisions of the country in which he is liable to pay contributions, and

b. is responsible for the correct tax settlement in connection with the remuneration of his services.

8. Place of jurisdiction

Swiss law applies to the relationship between fairpicture and the image-producing subcontractors. The ordinary courts of the Canton of Bern, Switzerland, are responsible for the settlement of disputes. Bern is the exclusive place of jurisdiction. This also applies to subcontractors with foreign business or residence.

– Bern, August 2021

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