Legal
Terms and conditions
Last updated: 5 September 2026
1. Scope
These general terms and conditions apply to all commissions between David Kurmann Photography (“DKP”) and the commissioning individual or company (“the client”). Differing terms of the client apply only where acknowledged in writing.
2. Quotation and conclusion of contract
Quotations are valid for 30 days and are non-binding. The contract comes into being as soon as the client confirms the quotation in writing, email included. Statements on this website do not constitute a binding offer.
3. Scope of services
The scope follows from the quotation. As a rule it covers preparation, the shooting day, image selection, editing of the selected images and handover in the agreed formats.
Not included unless expressly agreed: permits and fees for locations, hire of studios and special equipment, third-party services such as make-up, styling or models, and printing and production.
Creative discretion
DKP performs the work according to its own professional and creative judgement within the agreed commission. There is no entitlement to any particular individual image; what is owed is a carefully produced result in the visual language discussed.
4. Fees and expenses
Fees follow the quotation and are understood to be including VAT.
| Item | Arrangement |
|---|---|
| Shooting time | By flat rate or per hour commenced, as per quotation |
| Travel time | Chargeable from 30 km from base |
| Travel expenses | CHF 0.70 per kilometre; public transport at cost |
| Additional editing | Retouching beyond the agreed scope, charged by time |
| Accommodation | Borne by the client for assignments over 250 km or lasting several days |
5. Payment terms
Invoices are payable within 30 days of the invoice date without deduction.
Deposit
For commissions from CHF 1500 and for all first commissions, a deposit of 50 per cent of the order value falls due on confirmation. The shooting date is reserved only once it has been received.
Default
Once the payment deadline passes unused, the client is in default without further reminder. From that point default interest of 5 per cent is owed under Art. 104 CO. A fee of CHF 30 is charged for the second and every subsequent reminder.
All usage rights remain with DKP until payment has been made in full. Use of the images before payment is received is not permitted.
6. Dates, postponement and cancellation
Agreed dates are binding. The following applies to cancellations and postponements by the client:
| Time of cancellation | Compensation |
|---|---|
| More than 14 days before the date | free of charge |
| 14 to 7 days before the date | 50 % of the order value |
| Less than 7 days before the date | 100 % of the order value |
Third-party costs already incurred are charged in every case.
Outdoor work and weather
For outdoor shoots the date may be postponed free of charge by either side up to the preceding day in unsuitable weather. A replacement date is set jointly.
Unavailability of DKP
If DKP cannot attend owing to illness, accident or force majeure, the client is informed without delay and a replacement date is offered. No further claims arise on the part of the client where DKP is not at fault.
7. Delivery and image selection
Delivery normally takes place within 10 to 15 working days of the shooting day unless otherwise agreed. DKP selects the images to be edited unless a joint selection has been expressly agreed.
Unedited raw files are not released. They are working material and do not represent the finished creative result.
Archiving
Delivered images are archived for twelve months. After that there is no entitlement to re-delivery. Longer archiving can be agreed.
8. Copyright and usage rights
Copyright in all images remains with David Kurmann under the Swiss Copyright Act and is not transferable. The client receives a right of use to the agreed extent.
Unless agreed otherwise, the right of use covers:
- unlimited use in time for the client's own purposes
- website, social media, print material and internal communication
- no territorial restriction
Not included and to be agreed separately:
- transfer or sub-licensing to third parties, including group companies
- resale of the images or use as a component of a product
- use for training artificial intelligence systems
Alteration
Cropping and format adjustment are permitted. Substantial alterations that distort the statement of the image, and the removal of its visual character, require consent (Art. 11 URG).
Credit
For editorial and journalistic use the credit “Photo: David Kurmann” must be given. For use in social media, tagging @davidkurmann_official is requested.
9. Self-promotion
DKP may use the resulting images for self-promotion — on the website, in social media, in portfolios and in competitions. The client may object in writing; in that case a blocking period or full exclusion is agreed, which may affect the fee.
10. Personality rights and consent
The client ensures that all persons depicted have consented to the photograph and its intended publication. Where employees are concerned, this duty lies with the company.
The client likewise ensures that the necessary permissions are in place for photographs on private property, in protected buildings, and of third-party brands, artworks and products. The client indemnifies DKP against third-party claims arising from missing consent.
11. Defects and approval
Defects must be notified in writing within 10 days of delivery. Thereafter the work is deemed approved. Where a complaint is justified, rectification follows. Differences of creative opinion do not constitute a defect.
12. Liability
DKP is liable for intent and gross negligence. Liability for slight negligence, indirect damage and loss of profit is excluded so far as legally permissible. Liability is limited in every case to the value of the commission.
Where image data is lost or damaged through technical failure, liability is limited to repeating the photographs, where this is possible and reasonable.
13. Data protection
The processing of personal data is governed by the privacy policy, which forms an integral part of these terms.
14. Final provisions
Amendments and additions require written form. Should a provision be invalid, the validity of the remainder is unaffected; it is replaced by a provision that comes closest to the economic purpose.
Swiss law applies. The place of jurisdiction is Sursee, Canton of Lucerne, unless mandatory provisions require otherwise.