General terms and conditions for photography, image editing and graphics – as of: 27 October 2026
Vertragspartner
Art on Tour
Arthur Peter Lorenzen
Bachtelstrasse 68
8342 Wernetshausen, Switzerland
E-mail: info@art-on-tour.ch
Telephone: +41 44 938 07 15
Website: https://www.art-on-tour.ch
UID: CHE-324.168.761 · VAT: CHE-335.850.319
Präambel
The purpose of these terms and conditions is to achieve a fair balance of interests between the photographer and the client.
I. Definitionen
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. Photographer. The “photographer” is the person commissioned to perform the photographic work.
3. Client. The “client” is the person who orders the photographic work from the photographer.
4. Parties. The “parties” are the photographer and the client.
5. Copy of the photographic work / copy. Any reproduction of the photographic work in analogue or digital form on a data carrier, in particular on paper, slides, CD-ROMs or computer hard drives, is deemed a “copy of the photographic work” or a “copy”.
II. Leistung der fotografischen Arbeit
1. Subject to written instructions from the client, the design of the photographic work is left entirely to the discretion of the photographer. In particular, the photographer has sole discretion over the technical and artistic means of design, such as lighting and image composition.
2. In carrying out the photographic work, the photographer may use auxiliary personnel of their choice.
3. The cameras and materials as well as the other equipment required for the photographic work are provided by the photographer.
4. Unless otherwise agreed in writing, the client is responsible for ensuring that the places (locations), objects and persons required for the photographic work are available in good time.
5. The client may cancel or reschedule a booked appointment free of charge up to two days (48 hours) before it begins – via the links in the appointment confirmation, by e-mail or by telephone. If the client cancels a shoot less than two days before its appointment, postpones it to a later date or fails to comply with their obligations under section II.4, the photographer is entitled to reimbursement of costs already incurred (including third-party costs). In addition, the photographer is entitled to compensation. This is calculated on the basis of the SBf tariff and amounts to 50% of the fee that would have been owed under the tariff for carrying out the cancelled shoot.
6. The rule in section II.5 also applies if a shoot is postponed to a later date less than two days before the start of the shoot due to unfavourable weather conditions.
7. The place of performance is the photographer's place of business. If the client asks the photographer to send them the photographic work performed, or copies of this work, the risks of transport pass to the client.
8. The fee agreed between the parties is payable within 14 days of invoicing.
III. Preise und Vertragsabschluss
1. All prices are in Swiss francs (CHF) and exclusive of statutory value added tax (excl. VAT, currently 8.1%).
2. The prices stated on the website are guideline prices (“from” prices) for the packages described. The quotation or order confirmation is decisive.
3. Travel, additional services (e.g. blue hour, digital home staging, floor plans, additional retouching) and additional effort will be charged separately in accordance with the order confirmation or actual effort.
4. When booking an available appointment via the website, the client confirms these terms and conditions and the privacy policy; the contract is concluded with the automatic appointment confirmation by e-mail (order confirmation). A request for an already booked time slot is non-binding until the photographer confirms the appointment by e-mail. Rescheduling and cancellations are governed by section II.5.
IV. Bezahlung
Unless otherwise agreed, the following payment terms apply:
1. For orders with a value of less than CHF 1000, 50% of the agreed fee falls due as a down payment upon receipt of the order confirmation.
2. For orders with a value of more than CHF 1000, 25% of the agreed fee falls due as a down payment upon receipt of the order confirmation.
3. After the order has been carried out, the photographer issues a final invoice with any additional or reduced costs (e.g. additional or fewer hours worked, travel). The final invoice is always prepared transparently and in a way the client can follow.
4. The payment period for all invoices is 14 days from the invoice date.
5. If an invoice is not paid on time, the following reminder procedure applies:
- Payment reminder with a deadline of 14 days, no fee
- 1st reminder with a deadline of 5 days, no fee
- 2nd reminder with a deadline of 5 days, reminder fee CHF 25.–
- Final reminder with a deadline of 5 days, reminder fee CHF 50.–
6. After the payment period has expired, the client is in default and owes default interest of 5% per year (Art. 104 OR). If the final reminder also remains unpaid, the photographer may initiate debt collection proceedings without further notice; the client bears the costs of the proceedings.
V. Anfahrt
1. The choice of means of transport to the place where the order is carried out is at the photographer's discretion and is communicated in the order confirmation.
2. Unless otherwise agreed, the travel costs are passed on to the client.
VI. Haftung des Fotografen
1. The photographer is liable, including for defects, only for intentional conduct and gross negligence. The limitation of liability also applies to the conduct of their employees and auxiliary personnel.
2. The client must submit any notice of defects in writing within six working days of the delivery date of the work; otherwise the photographic work is deemed approved and no further claims can be asserted.
3. Data backup: after the photographer has handed over the approved photographic work to the client, responsibility for data backup lies with the client.
VII. Verwendung der fotografischen Arbeit durch den Kunden
a. Im Allgemeinen
1. The client may use the photographic work only for the purpose agreed with the photographer. Any use contrary to the agreement obliges the client to pay the photographer compensation amounting to 150% of the fee owed for it under the SAB tariff (Swiss Working Group of Picture Agencies and Archives).
2. Only the client is entitled to make use of the photographic work within the scope of the agreement made with the photographer. Without mutual written agreement, the client is not entitled to grant third parties the right to use the photographic work.
3. In the use of the work determined with the photographer, the client must mention the photographer's name in a suitable form, preceded by the symbol © or a similar notice agreed with the photographer. If the notice is omitted, the client owes, in addition to the agreed fee, compensation amounting to 50% of the fee that would have to be paid for the unlawful use of the photographic work under the SBf tariff.
4. The provisions of the Federal Act of 9 October 1992 on Copyright and Related Rights (URG) remain reserved.
b. Rechte Dritter
1. If the client has specified to the photographer which persons are to be photographed as part of the photographic work, the client must ensure that these persons have consented to the use the client intends to make of their image in the course of using the photographic work.
2. If the client has handed objects to the photographer or specified certain places to be photographed as part of the photographic work, the client must ensure that no third-party right conflicts with the use the client intends to make of the image of these objects or places (locations) in the course of using the photographic work.
3. If the obligations provided for in the two preceding paragraphs are breached, the client undertakes to reimburse the photographer for any damages the latter may be ordered to pay to the rights holders, and to compensate the photographer for all costs of legal proceedings against the rights holders.
VIII. Verwendung der fotografischen Arbeit durch den Fotografen
1. The photographer retains the right to publish the photographic work in any form and on any medium (in particular on the internet), to make it accessible to third parties, to grant third parties an exclusive or non-exclusive licence to use the photographic work, or to hand copies of the photographic work to third parties. This right of the photographer is, however, subject to the prior consent of the client. The client undertakes not to refuse consent without good reason; a client who does not expressly refuse or restrict their consent in writing within thirty days of the photographer's request for approval is deemed to agree to the respective use.
2. Where the photographer uses the photographic work within the meaning of the preceding paragraph, the photographer must ensure that the intended use does not infringe any third-party right in the depiction of persons, goods or places.
IX. Referenzen
The photographer has the right to refer to the collaboration with the client and to the photographic work created for them, in particular in publications (internet, printed materials), at exhibitions and in conversations with potential clients.
X. Einsatz von künstlicher Intelligenz (KI)
1. The photographer may use AI-assisted tools for image editing, retouching, digital home staging, renderings and texts. Responsibility for the delivered result remains with the photographer.
2. Image content altered or generated with AI (e.g. virtual furnishing, replaced sky) will be labelled at the client's request. The client is responsible for labelling when publishing to third parties, for example in real estate listings, insofar as this is required by law or contract.
3. The photographer does not carry out any edits that misleadingly misrepresent essential characteristics of an object (e.g. concealing defects).
4. Image material and client data are entered into AI tools only within the scope of the privacy policy.
XI. Datenschutz
The privacy policy at www.art-on-tour.ch/datenschutzerklaerung applies to the processing of personal data.
XII. Nutzung unserer Daten, Werbung und Fremdnutzung
1. We object to any use of our contact details (telephone numbers, e-mail addresses, addresses) for advertising calls, advertising e-mails, SMS, unsolicited offers, and to their disclosure or sale to third parties. Without our consent, such advertising is unfair (Art. 3 para. 1 lit. o and u UWG).
2. Our data, images, texts and other works may neither be used nor passed on without an order agreement or without our prior written approval.
3. If a contracting party breaches section 1 or 2, it owes a contractual penalty (Art. 160 et seq. OR) for each case, depending on the severity of the breach, of up to CHF 20'000.–. Payment of the contractual penalty does not release the party from compliance with these provisions; the right to claim further damages remains reserved.
4. Against third parties we reserve all legal remedies, in particular claims for cessation, damages and surrender of profits under the UWG and URG, as well as invoicing of unauthorised use in accordance with section VII.
XIII. Anwendbares Recht und Gerichtsstand
1. Contracts between the client and the photographer are governed exclusively by Swiss law.
2. The exclusive place of jurisdiction is the photographer's place of business.
Wernetshausen, 25 October 2026
Art on Tour, Arthur Peter Lorenzen, Bachtelstrasse 68, 8342 Wernetshausen Hinwil (Zürich), Switzerland
Phone +41 44 938 07 15 · info@art-on-tour.ch · Opening hours Mon - Sun: 09:00 - 20:00