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Photo Waiver Template for Switzerland

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Key Requirements PROMPT example:

Photo Waiver

"I need a Photo Waiver for our upcoming corporate event in March 2025, covering both photography and videography, with rights to use the content across our company's marketing materials and social media platforms in Switzerland and internationally."

Document background
The Photo Waiver serves as a crucial legal instrument in Switzerland for organizations and individuals seeking to obtain proper authorization for photograph usage while complying with Swiss privacy and data protection laws. This document is essential when photographs of individuals or property will be captured and used for various purposes, whether commercial, educational, or promotional. The waiver addresses requirements under the Swiss Civil Code regarding personality rights and the Federal Act on Data Protection, providing clear parameters for usage rights, duration, and permitted applications. It's particularly relevant in today's digital age where image usage spans multiple platforms and purposes, requiring careful consideration of Swiss legal requirements regarding consent, data protection, and personal rights.
Suggested Sections

1. Parties: Identification of the photographer/company and the subject(s) of the photographs

2. Background: Context of the photo shoot or circumstances under which the photographs were or will be taken

3. Definitions: Key terms including 'Photographs', 'Usage Rights', 'Commercial Use', 'Editorial Use', etc.

4. Grant of Rights: Express permission to capture, use, and distribute photographs, including specific rights being granted

5. Scope of Usage: Detailed description of how and where photographs may be used (media types, territories, contexts)

6. Duration: Time period for which the waiver remains valid

7. Data Protection Compliance: Acknowledgment of and compliance with Swiss data protection laws

8. Compensation: Statement regarding any payment or consideration (or lack thereof) for the rights granted

9. Representations and Warranties: Subject's confirmation of authority to grant rights and understanding of the agreement

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

Optional Sections

1. Minor Consent: Additional section required when the subject is under 18, including parent/guardian consent

2. Commercial Usage Terms: Specific terms for commercial exploitation when photographs are intended for commercial use

3. Moral Rights Waiver: Specific waiver of moral rights where applicable for extensive modifications

4. Retouching Rights: Specific permissions for photo editing and manipulation

5. Revocation Rights: Terms under which the subject may withdraw consent for future use

6. Third Party Rights: Provisions regarding photographs containing third party intellectual property

7. Social Media Usage: Specific terms for social media posting and sharing

Suggested Schedules

1. Schedule 1 - Description of Photographs: Detailed list or description of photographs covered by the waiver

2. Schedule 2 - Permitted Usage Examples: Specific examples and contexts of permitted photograph usage

3. Schedule 3 - Restricted Usage List: List of specifically prohibited uses or contexts

4. Appendix A - Shot List: For planned shoots, list of specific photographs to be taken

5. Appendix B - Data Processing Information: Detailed information about data processing practices as required by Swiss data protection law

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses
























Relevant Industries

Media & Entertainment

Advertising & Marketing

Education

Corporate Services

Events & Hospitality

Fashion & Modeling

Real Estate

Sports & Recreation

Non-Profit Organizations

Healthcare

Retail

Professional Services

Relevant Teams

Legal

Marketing

Communications

Human Resources

Creative Services

Digital Content

Social Media

Public Relations

Compliance

Events Management

Brand Management

Relevant Roles

Photographer

Marketing Manager

Content Creator

Legal Counsel

Communications Director

Event Coordinator

Social Media Manager

HR Manager

Public Relations Manager

Creative Director

Brand Manager

Digital Marketing Specialist

Compliance Officer

Project Manager

Art Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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