General Terms and Conditions Services

by Ingma Pictures GmbH, Steinen
Status, October 2024

These are the general terms and conditions for services provided by INGMA PICTURES GmbH. For the purchase of goods from INGMA PICTURES GmbH, the general terms and conditions for goods apply.

1. scope of application

1) These General Terms and Conditions (GTC) apply to all orders, offers, deliveries, courses, events and services carried out by Ingma Pictures GmbH (hereinafter referred to as Ingma Pictures). They apply to every creative phase and in particular also for digitally generated images and film.
2) They are considered as agreed with the acceptance of the offer of Ingma Pictures by the customer or the acceptance of the delivery or service of Ingma Pictures by the customer. Also by the registration of the customer at an event (courses, seminars, events, …) of Ingma Pictures, the terms and conditions are considered agreed. Deviating agreements must be expressly agreed in writing in advance.
3) In the context of an ongoing business relationship, the GTC also apply without express approval for all future orders, offers, deliveries or services of Ingma Pictures.

2. payment

4) The fee agreed between the parties is due plus VAT (if Ingma Pictures is liable for VAT) and is payable within 30 days of invoicing.
5) In the case of extensive productions, in particular with large financial advance payments by Ingma Pictures, Ingma Pictures is entitled to a payment on account of at least one third of the production costs.

3. photography

3.1. Services of the photographer, rights and obligations of the customer

6) Unless otherwise agreed between the parties, the design of the photographic work is at the discretion of Ingma Pictures.
7) Ingma Pictures is responsible for the procurement of cameras and other equipment required for the execution of the order.
8) Ingma Pictures or its agent may use assistants of its choice (assistants, make-up artists, stylists, etc.) for the execution of photographic work.
9) The customer acknowledges that the image material supplied by Ingma Pictures is protected by copyright in the sense of the Copyright Act of October 9, 1992.
10) Design proposals or concepts commissioned by the client are independent services for which remuneration is payable.
11) Analog and digitally produced images, especially RAW files, remain the property of Ingma Pictures. The customer has no right of retention to the image material provided.
12) The customer must treat the image material provided with all due care.
13) Complaints concerning the content, quality or condition of the image material must be made within 8 days of receipt by means of a notice of defects. Otherwise, the photographic material is considered approved.
14) The customer is responsible for ensuring that the persons, objects and locations required for the execution of the order are available or accessible.
15) If the customer does not fulfill the obligation (according to paragraph 12) or if he postpones a recording session less than two working days before the deadline, he is liable for compensation of the costs already incurred and third party costs. In addition, Ingma Pictures is entitled to compensation amounting to 50% of the agreed fee for the shooting session.
16) It is not the responsibility of Ingma Pictures to obtain the consent (model release) of the persons to be photographed or the persons authorized at the location (location release) for the planned use of the image material, if the customer has designated the persons or places to be photographed.
17) Ingma Pictures may name the customer as a reference, in written or electronic (Internet) form.
18) For TFP shootings (Time for Pictures) a separate contract is concluded. For TFP shootings there is no entitlement to the realization of the photo shoot. Ingma Pictures can cancel or postpone a TFP shoot for time, order-related or other reasons and cannot be held legally liable for this.

3.2. Rights of use

19) 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.
20) In the case of use contrary to the agreement, the customer is obliged to pay Ingma Pictures a usage license in the amount of 150% of the recording fee, but at least 150% of the corresponding tariff of the SAB (Swiss Association of Picture Agencies and Archives).
21) The photographer may use the photographic material for his own advertising and, unless otherwise agreed, license it to third parties.
22) Exclusive rights and blocking periods in favor of the customer must be agreed and remunerated separately.
23) Changes to the image material through analog or digital composing or montage for the production of a new copyrighted work are only permitted with the prior written consent of Ingma Pictures.
24) The image material may not be copied, photographed or used as a motif in the image.
25) If the work is used, the customer must ensure that his name is duly mentioned, insofar as this is customary.
26) In the event that Ingma Pictures uses the image material for its own purposes or licenses it to third parties, the photographer shall ensure that no rights of third parties are infringed by the depiction of persons, objects or places.

3.3. Liability

27) Ingma Pictures is only liable for intentional and grossly negligent behavior. This also applies to liability for defects.
28) The limitation of liability (in accordance with paragraph 27) also applies to the conduct of employees and auxiliary persons of Ingma Pictures.
29) In the event of claims against Ingma Pictures by third parties who (in accordance with paragraph 14) have given the customer their consent to the use of the image material, the customer shall assume claims for damages and legal costs in the event of a dispute.
30) The image material may not be used in a way that distorts the meaning. The customer is also responsible for the correct captioning of the image material.

3.4. Fee

31) Costs and expenses necessary for the execution of the order, such as fees for assistants and models as well as equipment rentals, costs for rental studios, recording locations, props, travel costs, expenses, etc. are not included in the fee and shall be borne by the customer.
32) In the case of digital productions, image processing (RAW conversions, color and tonal value adjustments, image selection, retouching, etc.) shall be invoiced separately.
33) The costs for photographic equipment shall be invoiced separately.
34) The fee shall be payable in full even if the commissioned and supplied photographic material is not used.

4. video productions

4.1. Placing of order, contracting parties

35) The order for the production of an audiovisual work (hereinafter referred to as “commissioned production”) is placed by the conclusion of a production contract or other confirmation of the work contract between the commissioning company/person (work ordering party, hereinafter referred to as “client”) and the producing company/person (Ingma Pictures).
36) If the client is represented by an agency, the client and the agency shall be jointly and severally liable, unless the agency submits a corresponding power of attorney from the client that fully covers the present contract.
37) The order shall be placed by the client countersigning an offer and/or a cost estimate or confirming it accordingly (verbally, confirming e-mail, etc.), so that the price of the work as well as its description and content can be determined (hereinafter referred to as “work”).
38) Ingma Pictures is subject to the duty of confidentiality and due diligence for all documents, information and objects made available to it in connection with the order.

4.2. Services of the producer, rights and obligations of customers

39) The commissioned production is based on the concept agreed with the client, and the scope of services agreed in the offer.
40) Ingma Pictures is responsible for the technical implementation and design of the video production. It is the responsibility of the client to ensure that the content is factually correct and legally permissible.
41) If the client requests changes that do not correspond to the scope of services specified in the offer or the concept, any additional costs will be charged to the client after consultation. Should the change requests deviate too much from the originally agreed scope of services, Ingma Pictures reserves the right to withdraw from the contract. The client must pay for all costs up to the time of withdrawal.
42) The client undertakes to cooperate in a manner that is conducive to the schedule and to provide a qualitatively sufficient delivery.
43) Music and sound effects are important stylistic elements in the video production and, unless otherwise agreed, are chosen by Ingma Pictures itself within the scope of the creative freedom. Specific music requirements of the client must be communicated before the start of filming and can lead to additional costs.

4.3. Delays / production stoppage

44) Delivery date and other deadlines are determined between the two contracting parties before the start of the commissioned production.
45) If Ingma Pictures can not meet the deadlines, the client must be informed immediately about the reason and the duration of the delay.
46) If the production suffers a delay, which the Producer could neither foresee nor influence (e.g. weather, operational disruptions at suppliers, late delivery of products, texts and other documents by the Client, etc.), the delivery deadline is deemed to be extended by at least the duration of the impeding circumstances. The Producer shall inform the Client of the extent and consequences of the delay (postponement of filming, additional costs, etc.) as soon as it occurs. Failure to meet the delivery deadline shall only entitle the Client to a reduction in the price of the work or to withdraw from the contract if the Producer can be proven to be grossly at fault.
47) If there are delays or complications on the day of filming due to the client’s fault, she will be invoiced for the additional expenses.
48) If the production is canceled by the client after the order has been placed, but before the planned first day of shooting or the planned first production of sound or image data (hereinafter referred to as the “first day of shooting”), the client shall be liable as follows:
a. Cancellation up to 10 days before the planned first day of shooting: For all costs incurred up to receipt of the written notice of cancellation by the Producer and contractual obligations entered into with third parties, plus full mark-up (action costs and profit), calculated on
the price of the work.
b. Cancellation 9 to 5 days before the planned first day of shooting: For all costs incurred up to receipt of the written notice of cancellation by the Producer and contractual obligations entered into with third parties, but at least 50% of the price of the work, plus full mark-up, calculated on the price of the work.
c. Cancellation less than 5 days before the planned first day of shooting: For the entire contractually agreed price of the work.
49) If production is discontinued, existing recordings and all results of the preparatory work carried out shall remain with the Producer. Order-specific recordings may not be used elsewhere by the Producer without the consent of the Client.
50) If the production cannot be completed or cannot be completed under the agreed conditions due to force majeure, the affected party may withdraw from the contract. However, the Client shall compensate the Producer for the work already performed or the additional proven costs, plus mark-up in each case.

1.8. Rights to the work

51) The Producer shall acquire all rights necessary for the use of the work intended by the Client in accordance with the briefing from the authors and persons entitled to ancillary copyrights consulted by the Producer, with the exception of the rights specified in Clause 6.2.
52) The rights for the use of music, archive material, third-party works (architecture, designs, etc.), performances by actors, speakers, etc. shall be regulated and compensated separately, unless otherwise agreed. The amount of compensation depends on the type of use, area of use, duration of use and the respective media insertion budgets. The Client shall provide the Producer with comprehensive information on this in each case, in particular also on changes or additional uses. If this information is available, the Producer may negotiate the corresponding agreements with the authorized parties on behalf of the Client.
53) If the Client provides the Producer with image and sound material for further processing, the Client guarantees the Producer that the material provided does not violate any legal provisions or third-party rights and indemnifies the Producer against all claims in this regard.
54) Upon full payment of the price of the work to the Producer, the agreed rights to the work shall be transferred to the Client from the date of the planned first use, taking into account the restrictive provisions under Sections 53 and 54.
55) The rights shall be regulated according to the type of use, area of use and duration of use. (Please note: Use on YouTube, Facebook etc. usually requires worldwide rights! These must be clarified separately).
56) If the work is to be exploited beyond the contractual territory specified in Clause 6.4 or in the individual agreement
, a percentage surcharge shall be owed on the work price
57) The Producer cannot guarantee the temporal and/or geographical extension of the originally agreed use or additional types of use, as this depends on third parties granting the Producer the necessary additional licenses.
58) All rights that are not expressly transferred shall remain with the Producer, in particular:
a. the right of reproduction;
b. the editing right, i.e. the right to make changes, cuts and/or rearrangements or to produce other versions of the work;
c. the right to name the producer, authors and performers in the work and in corresponding publications;
d. the right to have the work performed at competitions or festivals and for self-promotion or to use it in any other way for these purposes (showreels, Internet, etc.);
e. the rights to all ideas and concepts developed in the course of the order processing, even if these have not been executed. Ideas and concepts developed by the Producer that have not been realized may be freely reused by the Producer. The client and agency may not use ideas and concepts presented but not implemented without the prior written consent of the Producer and appropriate compensation;
f. f) the rights to the software, plugins, scripts, etc. created or otherwise used for the creation of the work.
59) Any statutory remuneration for ancillary copyrights and related rights are due to the Producer.
60) All sound and image recordings made by Ingma Pictures remain with Ingma Pictures.

1.9. Liability and insurance

61) The Producer shall bear the risk for all matters under its control and responsibility and shall insure these to the extent that this appears proportionate and possible, such as:
– legally required insurance for all permanent and freelance employees engaged by the Producer;
– liability insurance to cover third-party damage;
– image, sound and data carrier insurance.
The premiums are to be borne by the client or are included in the price of the work.
62) The client shall bear the risk for the matters and filming locations (e.g. filming at the client’s premises) controlled by it and the third parties commissioned by it (e.g. the agency).
63) During the production, the Producer shall bear the risk for the image and sound material as well as any props procured by her. The Client shall bear the risk for the props or products provided by it.
64) If the Client requires the conclusion of extraordinary insurance (e.g. personal accident or weather insurance, insurance for special props), it must inform the Producer of this at the latest upon conclusion of the contract.
65) Upon delivery of the work, the risk for the copy documents or the master shall pass to the Client, even if the material is stored at the Producer or one of its suppliers (laboratory, post-production company).

5. courses and events

5.1. Registration

66) The contract for participation in an event offered by Ingma Pictures is concluded by the acceptance of the participant’s registration by Ingma Pictures. If a registration cannot be accepted, the participant will be informed immediately.
67) Registrations will be considered in the order in which they arrive according to the available number of participants. Every registration is binding. Registration for the waiting list does not entitle the participant to a place on the course.

5.2. Cancellations

68) Cancellations can only be accepted in writing. Cancellations can be made free of charge up to 14 days* before the start of the event. Cancellations up to 7 days* before the start of the event are subject to a cancellation fee of 50% of the respective course fee, cancellations from 6 days* before the start of the event and non-attendance are subject to the full participation fee. In this case, any reminder fees or subsequent costs for legal dunning proceedings shall be borne in full by the participant. * These times do not apply to courses with hotel, restaurant or flight reservations. In this case, please note the details on the course description.

5.3. Prices / terms of payment

69) In principle, the participation fee stated in the organizer’s current online advertisement or similar shall be deemed agreed. Unless otherwise stated, the course costs quoted are gross prices including any statutory VAT.
70) The entire course fee must be paid by bank transfer by the specified payment deadline. Unless otherwise specified in the invitation to tender, the participation fee must be paid in advance.

5.3. Program changes/cancellations

71) Due to the long-term planning of events, Ingma Pictures reserves the right to make organizational changes to the program such as changes to dates, starting times, location or speakers as well as event cancellations.
72) Ingma Pictures reserves the right to cancel an event in the event of an insufficient number of participants or other circumstances (e.g. force majeure etc.). The participants will be informed in good time and in an appropriate manner. Compensation for expenses incurred and other claims against Ingma Pictures cannot be derived from this. The same applies to postponements at short notice. If an event has to be canceled, the participation fees already paid will be refunded without deduction.

5.4. Working materials

73) Unless otherwise stated, work materials are organized by the organizer and included in the course price.

5.4. Copyright

74) All handouts and booklets provided in the seminars are protected by copyright and are made available exclusively for the purposes of the event booked by the customer as part of the workshop and may only be used by Ingma Pictures or by the lecturers commissioned by us.
75) No part of the seminar documentation may be reproduced – even in part – in any form, including for the purpose of teaching, without the written permission of the organizer, in particular processed using electronic systems, duplicated, distributed or used for public dissemination.
76) Image and sound recordings at and during events are only permitted with the prior approval of the organizer and only for private use. Any other use must be approved by the organizer.

5.5. Insurance / Disclaimer

77) The participant is not insured by Ingma Pictures and participates in events at his own risk. The participant undertakes to take out sufficient insurance cover independently.
78) Participation in seminars is voluntary and at the participant’s own risk. Ingma Pictures is not liable for any damage to property or personal injury.

5.6. Arrival

79) Unless otherwise advertised, travel to and from the event venue is at the participant’s own expense and risk.

6. data protection

80) The participant / customer acknowledges that the data provided by Ingma Pictures when registering / entering into a business relationship will be stored and processed for the execution of the event / order and for the maintenance of the participant or customer relationship. The data will be used to fulfill legal requirements and to process payment transactions.
81) Participant or customer data will not be passed on to third parties, unless this is absolutely necessary for the execution of the contract.
82) The participant can revoke his consent to the sending of newsletters at any time in writing.

7 Place of jurisdiction and applicable law

83) The exclusive place of jurisdiction for Ingma Picture is Schwyz. Swiss law shall apply.

8. severability clause

84) Should one or more of the above provisions be invalid or incomplete, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a provision that comes closest to the original intention in terms of its content.