General Terms and Conditions (AGB)

The GTC are intended to achieve a fair balance of interests between photographer Pit Buehler/Black Ocean GmbH and the customer.

1. Definitions
   1. Photographic Work. The term "photographic work" means the result of work performed by the photographer for the client in accordance with the agreement made between the parties.
   2. The "photographer" is the person commissioned to perform the photographic work.
   3. The "client" is the person who commissions the photographic work from the photographer.
   4. The "parties" are the client and the photographer
   5. Performance of the photographic work
   6. Subject to the customer's written specifications, the design of the photographic work shall be left entirely to the photographer's discretion. In particular, the photographer has the sole right to decide on the technical and artistic means of design, such as lighting or image composition.
   7. The photographer may use assistants of his choice to carry out the photographic work.
   8. The photographic equipment and materials as well as other items required for the photographic work are provided by the photographer.
   9. Unless otherwise agreed in writing, the customer shall be responsible for ensuring that the locations, objects and persons required for the photographic work are available in good time.
   10. If the client postpones a photo session to a later date less than 2 weeks before the date of the session, fails to fulfill his obligations pursuant to Section II.4. or cancels the photo session altogether, the photographer shall be entitled to reimbursement of the costs already incurred (including third parties). In addition, he shall be entitled to compensation. This shall be calculated on the basis of the SbF tariff and shall amount to 50% of the fee that would have been owed according to the tariff for the performance of the work that was not carried out.
   11. The rule in Section II.5. shall not apply if a shooting session is postponed to a later date due to unfavorable weather conditions. In this case, the photographer is only entitled to reimbursement of the costs already incurred (including third parties)
   12. The place of fulfillment is the photographer's place of business. If the customer asks the photographer to send him the work performed, the risks of transportation shall pass to the customer.

• The fee agreed between the parties must be paid within 20 days of receipt of the invoice.

III Liability of the photographer

1. The photographer shall only be liable, including liability for defects, for intentional and grossly negligent acts. The limitation of liability shall also apply to the conduct of his employees and auxiliary persons.
2. The customer must submit his complaint in writing within six working days of the delivery date of the work, otherwise the photographic work shall be deemed to have been approved and no further claims can be asserted.
3. The photographer cannot be held liable if he is unable to attend a shooting session due to force majeure (accident, serious illness, etc.).
4. Use of the photographic works
5. Upon delivery and payment of the work, the customer acquires a license to use the photographic work within the agreed scope. This does not include any further licensing by the customer to third parties.
6. In the event of use contrary to the agreement, the customer is obliged to pay the photographer a usage license in the amount of 150% of the order total.
7. The photographer may use the photographic material for his own advertising and, unless otherwise agreed in writing, license it to third parties.
8. The image material may not be copied, photographed or used as a motif in the image.
9. If the work is used, the customer must ensure that the name is duly mentioned, insofar as this is customary.
10. References

The photographer has the right to refer to the collaboration with the client and the photographic work created for him, in particular in publications, at exhibitions or in discussions with potential clients.

1. Applicable law and place of jurisdiction
2. Contracts between the customer and the photographer shall be governed exclusively by Swiss law.
3. The exclusive place of jurisdiction is the photographer's place of business. (6312 Steinhausen)

6312, Steihausen, 12.01.2023

Pit Buehler/ Black Ocean GmbH