General Terms and Conditions (GTC)

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General Terms and Conditions (GTC) – SMotographers

Version: June 2026 Company: SMotographers, 5622 Waltenschwil, Aargau, Switzerland

1. Scope of Application

1.1 These General Terms and Conditions (“GTC”) apply to all business relationships between SMotographers (“Provider”) and its clients (“Client”), including but not limited to:

  • Photography services (events, portraits, commercial shoots, editorial work)
  • Print products (fine art prints, photo products, custom prints)
  • Content creation and commercial collaborations (photo, video, social media, marketing content)

1.2 Any deviating terms of the Client shall not apply unless explicitly accepted in writing by SMotographers.

1.3 These GTC apply to both consumers and business clients unless explicitly stated otherwise.

2. Contract Formation

2.1 A contract is considered binding once SMotographers confirms the booking or order in writing (email sufficient).

2.2 Verbal agreements are not binding unless confirmed in writing.

2.3 SMotographers reserves the right to refuse any order or collaboration without stating a reason.

3. Photography Services

3.1 Service Scope

Services include the photographic execution as agreed in the individual contract. Post-production, editing style, and final delivery are based on SMotographers’ creative judgment unless otherwise agreed.

3.2 Artistic Freedom

The Client acknowledges that photography is a creative service. SMotographers retains full artistic and technical freedom in:

  • composition
  • lighting
  • editing style
  • selection of delivered images

3.3 Delivery

  • Delivery is digital unless otherwise agreed.
  • Delivery timelines are estimates unless explicitly guaranteed.
  • RAW files are not included unless agreed in writing.

3.4 Storage

  • Final image files are stored for a maximum of 12 months after delivery.
  • After this period, SMotographers has no obligation to archive or recover files.

4. Usage Rights & Copyright

4.1 SMotographers retains full copyright under Swiss copyright law.

4.2 Clients receive a non-exclusive, non-transferable usage license for private use unless otherwise agreed.

4.3 Commercial use (including advertising, branding, resale, or redistribution) requires prior written permission.

4.4 Editing, cropping, or modification of delivered images by the Client is not permitted without approval, unless explicitly granted.

4.5 SMotographers reserves the right to use produced material for portfolio, website, social media, and promotional purposes unless otherwise agreed in writing.

5. Content Creation & Commercial Collaborations

5.1 Scope of Services

This section applies to all paid or unpaid collaborations including:

  • sponsored content
  • product campaigns
  • brand storytelling
  • social media content
  • product demonstrations
  • editorial-style productions commissioned by brands

5.2 No Guaranteed Editorial Outcome

Unless explicitly agreed in writing:

  • No reviews, ratings, or recommendations are guaranteed
  • No positive outcome or sentiment is owed
  • Content is not sold as a “review service”

5.3 Editorial Independence

Any opinion-based or experience-based content remains fully independent. SMotographers retains full control over:

  • narrative framing
  • evaluation
  • final messaging

No brand, sponsor, or third party may influence conclusions, ratings, or opinions.

5.4 Separation of Sponsored Content and Reviews

  • Sponsored content is strictly separated from editorial reviews.
  • Under no circumstances is a paid collaboration classified or published as an independent review.
  • Product exposure in sponsored content does not imply endorsement.

5.5 Allowed Scope of Sponsored Content

Sponsored collaborations may include:

  • product showcases
  • usage demonstrations
  • lifestyle or creative shoots
  • workflow integration content
  • technical feature explanations

No obligation exists to provide positive interpretation or endorsement.

5.6 Content Review & Coordination

Before publication, the following may be reviewed by the Client:

  • factual accuracy (technical specifications, product names, features)
  • brand assets (logos, trademarks)
  • legal or compliance-related statements

However:

  • final editorial wording
  • creative direction
  • tone and interpretation
    remain solely under SMotographers’ control.

5.7 Prohibited Influence

Clients may not:

  • request guaranteed positive portrayal
  • require omission of relevant negative findings
  • impose editorial conclusions
  • condition payment on sentiment or rating

Any such request constitutes grounds for refusal or termination of collaboration.

5.8 Right to Refuse / Terminate

SMotographers may refuse or terminate any collaboration if:

  • product quality does not meet expectations
  • safety, reliability, or ethical concerns arise
  • collaboration requirements are unreasonable or misleading
  • project scope is not feasible within agreed resources

5.9 Compensation

Compensation covers:

  • content production time
  • equipment usage
  • creative services
  • distribution effort

Compensation explicitly does NOT include:

  • specific opinions
  • reviews or ratings
  • guaranteed outcomes

5.10 Product Samples & Ownership Transfer

Unless otherwise agreed in writing:

  • Products provided for testing, content creation, or collaboration transfer into the full ownership and possession of SMotographers.
  • No obligation exists to return such products.
  • Ownership transfer applies regardless of whether the collaboration is paid or unpaid.

6. Print Store

6.1 Orders

Orders are binding upon written confirmation and are custom-produced per order.

6.2 No Right of Withdrawal

  • Swiss law does not require a withdrawal right for custom goods.
  • SMotographers does not voluntarily grant a withdrawal right.
  • All prints are made to order and therefore excluded from return or exchange.

6.3 Defects

Clients must report defects within 5 working days including photographic evidence.

Valid defects include:

  • production errors
  • transport damage

Minor variations in colour or print output due to material characteristics are not considered defects.

7. Pricing & Payment

7.1 All prices are stated in CHF unless otherwise specified.

7.2 Invoices are issued after service completion unless otherwise agreed.

7.3 Payment terms:

  • due within 14 days
  • no deductions allowed
  • late payment may result in reminder fees

8. Liability

8.1 SMotographers is liable only for damages caused by intent or gross negligence.

8.2 Liability is excluded for:

  • data loss
  • file corruption after delivery
  • technical failures outside SMotographers’ control
  • indirect or consequential damages

8.3 Client is responsible for proper backup of delivered files.

9. Data Protection

9.1 Personal data is processed exclusively for contract fulfillment.

9.2 Data is not shared with third parties unless required for service execution.

9.3 Further information is provided in the separate Privacy Policy.

10. Force Majeure

SMotographers is not liable for delays or failure to perform due to events beyond reasonable control, including:

  • illness
  • accidents
  • natural disasters
  • technical failures
  • governmental restrictions

11. Governing Law & Jurisdiction

11.1 Swiss law applies exclusively.

11.2 Place of jurisdiction is Waltenschwil, Aargau, Switzerland, unless mandatory law states otherwise.

12. Final Provisions

12.1 If any provision of these GTC is found invalid, the remaining provisions remain unaffected.

12.2 Amendments to these GTC must be made in writing.

SMotographers
5622 Waltenschwil, Aargau, Switzerland
[email protected]