FILM AND VIDEO
TERMS & CONDITIONS
FILM & VIDEO
All price indications are in CHF excluding VAT.
DAILY RATE up to 8 hours
HALF-DAY RATE up to 4 hours: Daily rate divided by 2 plus a 10–20% surcharge for short-term assignments
HOURLY RATE also applies to overtime: Daily rate divided by 8 plus a 10–20% surcharge for short-term assignments
Express, Night, Saturday, and Sunday Surcharges: 15–25%
Furthermore, the General Terms and Conditions (GTC) of SBF apply.
PRODUCTION (SHOOTING)
Shooting Fees
1.1 The fee varies depending on the region, market value, equipment, and infrastructure of the video crew. The daily rate is defined by the size of the crew needed for the production and may vary accordingly. The video crew is free to charge different rates for various services (e.g., reports, reproductions, portrait video work, product video work, etc., as well as for national or international assignments).
1.2 The fee does not include data fees or any other additional expenses.
1.3 Editing costs are not included in the fee and will be calculated separately.
1.4 Any incidental costs and travel expenses will be billed separately and in addition to the fee.
Usage Fees
The determination of compensation is based on the following criteria:
Usage Type – Medium in which the image is used. There are distinctions between online advertising (homepage, intranet, online ads on external sites), print advertising Below the Line (BTL) (trade shows, brochures, public relations, etc.), and print advertising Above the Line (ATL) (magazine ads, newspaper ads, posters, etc.).
Usage Scope – Size/format in which the image is distributed.
Distribution – Circulation or the quantity of the medium produced or the duration of publication.
2.1 A purpose-bound reproduction right is included in the shooting price for the defined scope, usually for a duration of one year from the date of first publication.
2.2 Print ATL advertising and international use of images as well as reproduction rights beyond one year entitle the Production Company TERC KLG to additional usage fees per subject:
2.2a National advertising + at least 1 daily rate per year
2.2b International print advertising (including Switzerland) + at least 2 daily rates per year
2.2c Usage rights beyond one year + at least 1 daily rate per year
2.2d Exclusive rights and embargo periods: Additional charge by agreement
FEES FOR FREELANCE COLLABORATORS
When carrying out videographic work, the Production Company TERC KLG may use a team of their choice. The fees and any incurred expenses are the responsibility of the client and can be paid by the Production Company TERC KLG and billed to the client, or paid directly by the client. Fees paid directly entitle the Production Company TERC KLG to a handling surcharge of 5% to 10%.
FEES FOR MODELS
Models, Extras, Amateur Models, etc.: Billed according to effort
7.1 Travel expenses, meals, and accommodation will be billed to the client separately.
7.2 Invoices from model agencies (model fee, agency fee plus any additional costs and expenses) are generally issued to the client and must be paid directly by the client.
7.3 Responsibility and Risk: The Production Company TERC KLG is not liable for changes in appearance or non-appearance of the models. Personality Rights: The Production Company TERC KLG is not liable for the use of images beyond the agreed purpose or time period. Unless otherwise agreed, the usage right is generally for 1 year. The client is not permitted to transfer the image to third parties.
7.4 Fees for performers without an agency (e.g., extras, amateur models, etc.) are generally paid directly by the Production Company TERC KLG and passed on to the client. Fees paid directly entitle the Production Company TERC KLG to a handling surcharge of 5% to 10%.
MISCELLANEOUS
Data Fee: Billed according to effort
8.1 The data fee depends on the digitalization equipment used and the file size. The data fee is not included in the photographer's fee and will be billed separately. The data fee includes roughly color and contrast-adjusted RGB files. Fine retouching, CMYK conversion, and montages are billed separately.
Travel Time: Daily rate from CHF 750
9.1 Each kilometer beyond the first 20 kilometers from the headquarters of TERC KLG will incur an additional charge of CHF 0.75 per kilometer per car used, in addition to the team members' day rate. The team members' fees will be at least 50% of each team member's daily fee.
Travel Expenses, Accommodation, Meals, Telephone: Billed according to effort
10.1 Car expenses per kilometer (calculation aid: www.tcs.ch "Kilometerkosten")
10.2 Meal expenses for the entire crew
10.3 Accommodation: 100% of the incurred costs for multi-day shoots requiring one or more overnight stays.
10.4 Flat fee for telephone/roaming/internet, especially for multi-day/international productions.
Costs for Additional and Special Equipment, Studio: Billed according to effort
11.1 Rental costs for additional and special equipment (if more than the usual equipment is needed for the assignment) or expenses for accessories (e.g., special backgrounds, etc.) are the responsibility of the client.
11.2 External studios are billed separately to the client. The price varies depending on the size and infrastructure of the studio. Note: In most rental studios, the use of equipment is not included in the price and must be paid for additionally.
Insurance: The insurance of valuable objects is the responsibility of the client
12.1 At the client's request, the photographer can arrange insurance at the client's expense.
PRE-PRODUCTION (PRODUCTION PREPARATION)
13. Meetings, Conceptual Work, Production Organization
Daily rate CHF 900
13.1 At least 50% of the Director/DOP daily rate or the corresponding hourly rate.
13.2 Any incidental costs and travel expenses will be billed to the client separately and additionally.
14. Test Shots/Presentations
Daily rate CHF 900
14.1 At least 50% of the Director/DOP daily rate or the corresponding hourly rate, plus the data fee.
14.2 The shots are for presentation purposes only and do not include any additional reproduction rights.
14.3 If the test shots are later used definitively, consultation with the Director/DOP is required. In this case, at least the usual daily rate/reproduction fee (see PRODUCTION, points 1 and 2) will be charged.
14.4 Any incidental costs and travel expenses will be billed to the client separately and additionally.
15. Location Research/Search
Daily rate CHF 900
15.1 Location research/search can be done by the Director/DOP directly or by a location scout or producer (daily rate from CHF 600 to CHF 1,200 and more).
15.2 Any permits, rental fees, and charges, as well as travel expenses, will be billed to the client separately and additionally.
16. Model Castings
Daily rate CHF 900
16.1 The model casting can be conducted by the production comapny directly or by a casting/model agency or a producer.
16.2 If the casting is done by a casting/model agency or producer – fees by arrangement.
17. Procurement and Return of Clothes and Props
Daily rate CHF 900
17.1 The fee does not include expenses or rental, borrowing, or purchase fees for props. These will be billed separately.
POST-PRODUCTION
18. Digital Image Editing by TERC KLG
Daily rate: CHF 1,200
18.1: Digital image editing (retouching, background removal, color corrections, etc.)
18.2: If digital image editing is carried out by lithographers or image editors – fees by arrangement.
19. Supervision of Post-Production by TERC KLG
Daily rate: CHF 1,200
19.1: Oversight of implementation measures
20. Data Handling, Data Transfer, Archiving, Storage, and Retention of Image Data, etc.
By arrangement
21. Usage Fees for Archive/Stock Images
21.1: For the reproduction rights of archive images, the SAB prices are recommended (Swiss Working Group of Image Agencies and Archives). See www.sab-photo.ch
General Terms and Conditions (GTC)
General Terms and Conditions (GTC)
Preamble
These General Terms and Conditions (GTC) aim to achieve a fair balance of interests between the production company TERC KLG and the client.
I. Definitions
Directorial Work: The term "directorial work" refers to the result of the work performed by the production company TERC KLG for the client as per the agreement made between the parties.
Production Company TERC KLG: The term "production company TERC KLG" refers to the entity appointed to perform the directorial work. The term "production company TERC KLG" in these GTC is understood to apply to individuals or entities of any gender.
Client: The "client" is the person who orders the directorial work from the production company TERC KLG. The term "client" in these GTC is understood to apply to individuals of any gender.
Parties: The "parties" are the production company TERC KLG and the client.
Copy of the Directorial Work/Copy: Any reproduction of the directorial work in analog or digital form on a (data) carrier (particularly on paper, slide, CD-ROM, computer hard drive) or online (particularly in computer networks, on websites) is considered a "copy of the directorial work" or simply a "copy."
II. Execution of the Directorial Work
Subject to any written instructions from the client, the design of the directorial work is entirely at the discretion of the production company TERC KLG. In particular, the production company TERC KLG has sole authority over technical and artistic means of design, such as lighting and image composition, as well as the selection of means for implementation.
When executing the directorial work, the production company TERC KLG may use assistants of their choice.
The equipment required for the execution of the directorial work is provided by the production company TERC KLG.
Unless otherwise agreed in writing, the client is responsible for ensuring that the locations, objects, and people necessary for the directorial work are available in a timely manner.
If the client postpones a shooting session to a later date less than two days before the scheduled date or fails to meet their obligations, such as those under Section II.4, the production company TERC KLG is entitled to compensation for already incurred costs (including third-party costs). Additionally, the production company TERC KLG is entitled to a fee. This fee is based on the current tariff of SIYU (Non-binding SIYU Guide to the Calculation of Directorial Commission Work) and amounts to 50% of the fee that would have been owed according to the tariff for the execution of the canceled shooting session.
The rule in Section II.5 also applies if a shooting session is postponed to a later date less than two days before the session due to unfavorable weather conditions.
The place of performance is the business address of the production company TERC KLG. If the client requests that the production company TERC KLG send the completed directorial work, or copies of this work (physically or electronically), the risk of transport passes to the client.
The fee agreed upon between the parties is subject to VAT and, unless otherwise agreed in writing, is to be paid within 30 days of invoicing.
III. Liability of the Production Company TERC KLG
The production company TERC KLG is liable, including for defects, only for intentional or grossly negligent behavior. This limitation of liability also applies to the actions of the production company TERC KLG’s employees and assistants.
The client must report any defects within six business days from the delivery date of the work in writing; otherwise, the directorial work is deemed approved, and no further claims can be made.
IV. Use of the Directorial Work by the Client
a. General
The client may use the directorial work only for the purpose and duration agreed upon with the production company TERC KLG. If no such period has been agreed upon, the duration is determined by the purpose of the assignment. Any use contrary to the agreement obligates the client to pay the production company TERC KLG compensation amounting to 150% of the fee owed according to the current SAB tariff (Swiss Working Group of Image Agencies and Archives) for the unauthorized use of the directorial work.
Only the client is entitled to make use of the directorial work within the scope of the agreement with the production company TERC KLG. Without a mutual written agreement, the client is not permitted to grant third parties the right to use the directorial work.
The client must acknowledge the production company TERC KLG’s name in a suitable form when using the work as agreed with the production company TERC KLG. This should include a © symbol followed by a similar notation agreed upon with the production company TERC KLG (e.g., “All rights reserved by …”). If the acknowledgment is omitted, the client owes an additional compensation of 50% of the fee that would be due according to the current SAB tariff for the unauthorized use of the directorial work.
The provisions of the Federal Copyright Act and related protection rights (URG) remain reserved.
b. Third-Party Rights
If the client has instructed the production company TERC KLG to photograph certain individuals as part of the directorial work, the client must ensure that these individuals have given their consent to be photographed and to the subsequent use of the directorial work within the scope of the contractual purpose.
If the client has provided the production company TERC KLG with objects and/or equipment or specified certain locations to be photographed as part of the directorial work, the client must ensure that no third-party rights impede the creation of the directorial work and its subsequent use within the scope of the contractual purpose.
If the obligations set forth in the preceding paragraphs are violated, the client agrees to reimburse the production company TERC KLG for any payments (e.g., damages) the production company TERC KLG might be required to make on behalf of the rights holders and to compensate the production company TERC KLG for all costs incurred in resolving the situation (e.g., costs related to settlement or legal proceedings).
V. Use of the Directorial Work by the Production Company TERC KLG
Unless explicitly agreed otherwise in writing, the production company TERC KLG retains the right to use the directorial work for its own purposes, including on its own website, in portfolios, at art exhibitions, etc.
VI. References
The production company TERC KLG has the right at any time, especially in publications (internet, print media), at exhibitions, and in discussions with potential clients, to refer to its collaboration with the client and to showcase the resulting directorial work.
VII. Applicable Law and Jurisdiction
Contracts between the client and the production company TERC KLG are exclusively governed by Swiss law.
The exclusive place of jurisdiction is the business location of the production company TERC KLG.
