Last Updated: 01.2025

1. SCOPE OF APPLICATION

The parties to the contract are, on the one hand, Antoine Maraval and, on the other hand, the client. Together they are referred to as the "parties". The following terms and conditions govern the business relationship between Antoine Maraval and the client. They apply to all services and products provided by Antoine Maraval.

1.1. ACCEPTANCE

By accepting any service provided by Antoine Maraval, the Client agrees to be bound by these General Terms and Conditions (GTC).

1.2. OFFER AND CONCLUSION OF CONTRACT

Information and prices are provided for guidance only, without guarantee; the same applies to telephone enquiries. Only offers submitted in writing by Antoine Maraval and accepted in writing by the client within 15 days are binding. The offer, as well as all documents and samples submitted with it, are considered confidential and for the exclusive use of the client; they remain the property of Antoine Maraval and may not be disclosed to third parties without the written consent of Antoine Maraval. By accepting the offer, the client acknowledges having read and accepted these GTC, which form an integral part of the contract between the parties.

2. GENERAL TERMS AND CONDITIONS OF PRODUCED MATERIAL

2.1. PRODUCTION OF AUDIOVISUAL MATERIAL

Antoine Maraval produces audiovisual material at the times and places agreed with the client, in accordance with the offer. The client is responsible for the adequate preparation of the production locations; in the event of delay, any costs incurred will be charged to the client. The client is obliged to examine the produced material at the end of the production session and to immediately notify Antoine Maraval in writing of any quality defects. Antoine Maraval only recognizes complaints that are made in due form and within the specified time limit, and that are accompanied by a complete description of the defect(s) that can be opposed and corrected by Antoine Maraval. If no complaint is received by the end of the production session, Antoine Maraval's production services will be deemed accepted by the client. The elimination of notified defects may involve the production of new shooting material, which the client must once again check and accept according to the same procedure. The production of new shooting material is at the charge of the client unless Antoine Maraval recognizes malpractice during the production session. Processing (post-production) of the shooting material takes place at the end of the production session and concerns the shooting material accepted by the client. The client grants Antoine freedom in its post-production activities.

2.2. DELIVERY DEADLINES

Antoine Maraval is only bound by firm delivery deadlines if the necessary documents (storyboard, texts, data carriers, images, videos, etc.) are received by the agreed deadline. The commitment to meet deadlines begins on receipt of the documents by Antoine Maraval and ends on the day the audiovisual material leaves the company. If deadlines are exceeded for a reason beyond the control of Antoine Maraval (strikes, power cuts, weather conditions, natural disasters or all cases of force majeure), the client cannot cancel the order or make Antoine Maraval liable for damages that may result from this delay. If Antoine Maraval is at fault for exceeding the delivery time, Antoine Maraval is only liable up to the value of the product, provided there is written confirmation of the delivery time.

2.3. CLIENT'S DUTY TO ASSIST

The client shall be present at the production site at the agreed dates and times. Unless otherwise agreed, the production site is located on the client's business premises, which the client undertakes to keep in a state of cleanliness and tidiness that meets production requirements (all confidential documents should be protected from cameras, defective light bulbs should be changed, floors and windows clean, offices tidy, etc.). External equipment provided by the client for the production of audiovisual material must be handed over to Antoine Maraval no later than the day of the production meeting.

2.4. IMAGE AND REPRODUCTION RIGHTS

The client is responsible for ensuring any extra and/or participant sign a declaration of consent, stating that they waive all image rights towards the client and Antoine Maraval. The client shall bear all costs and damages associated with any potential claims by an extra/participant, including against Antoine Maraval. The client ensures that it has the right to film and/or photograph the chosen locations, including any signs that may appear at the entrance or on the property. If the client provides Antoine Maraval with material for the production of the audiovisual medium (photos, films, texts or other), the client ensures that he/she has the necessary rights to take images of the material. The client assumes all costs and damages incurred by Antoine Maraval as a result of a breach of these warranties.

2.5. USE OF AUDIOVISUAL EQUIPMENT BY THE CLIENT

After full payment and delivery of the audiovisual material, the client is granted the right to use and distribute the audiovisual material on digital supports through paid and organic media for a duration of 3 years, worldwide.

Digital Support Definition:

Digital supports include, websites, social media platforms, digital advertising, email campaigns and newsletters. It does not include any kind of OOH campaign, hybrid, physical or print displays.

The client is not authorized to modify the audiovisual material produced and delivered by Antoine Maraval; the opening and/or closing credits produced by Antoine Maraval are an integral part of the medium delivered. In the event of non-payment of the price, the client is not authorized to use and distribute the audiovisual material. All declarations relating to the rights associated with the audiovisual material are the responsibility of the client, in particular the costs associated with music rights and/or SUISA declarations.

2.6. DISTRIBUTION OF AUDIOVISUAL MATERIAL

Unless otherwise specified in writing by the client at the time of acceptance of the offer, the client authorizes Antoine Maraval to distribute the audiovisual material produced on various Internet photo and video distribution platforms, without limitation, for communication and promotion purposes.

2.7. INTELLECTUAL PROPERTY

The client is authorized to use the audiovisual material produced by Antoine Maraval in accordance with the provisions of this contract. Antoine Maraval keeps ownership of the produced material unless agreed otherwise in writing. The ownership transfer of the produced material can only be done after the final delivery and an invoice specifying the transfer of ownership. Unless otherwise agreed in the quotation, Antoine Maraval is authorized to use this material without compensation for his own purposes (as demonstration material, advertising).

2.8. PRICE AND TERMS OF PAYMENT

The offer contains a firm price. On acceptance of the offer, the client pays a deposit of 50% of the price. The audiovisual material cannot be used by the client until full payment of the invoice. In the event of late payment, Antoine Maraval is entitled to charge a reminder fee (CHF 20) and annual interest on arrears of 8% of the total invoice amount, plus any collection costs. Antoine Maraval reserves the right to assign its claims to a third party at any time. Acceptance of the offer constitutes acknowledgement of debt within the meaning of Art. 82 of the LP.

2.9. CANCELLATION CONDITIONS

In the event of cancellation by the client, Antoine Maraval invoices the client according to the following rules: cancellation more than 72 hours before the shooting date, 50% of the total amount of the binding offer; less than 72 hours before the shooting date, 80% of the total amount and less than 48 hours before the shooting date, the entire price remains due to Antoine Maraval.

2.10. COSTS

Any transportation, catering and accommodation costs incurred in connection with the assignment are invoiced in addition. Travel is invoiced at the actual rate per kilometer (0.75 CHF / km) on the basis of a round trip departing from Lausanne. Travel by public transport is calculated according to the service provider's rates at the time the quotation is drawn up. The client is obliged to pay any difference in price between the validation of the offer and the purchase of the tickets. Special trips (helicopter, boat, snowmobile, etc.) are calculated solely on the basis of an external estimate and submitted to the client for approval. Antoine Maraval invoices the client a what can be considered a reasonable amount for meals depending on the production session conditions. Accommodation costs are calculated on the basis of the accommodation offered by hotel groups within a reasonable distance of the filming location (in 3 or 4 star hotels). In the event of major expenses, these are normally included in the offer, or indicated during the course of the assignment if their necessity could not be anticipated.

3. FINAL PROVISIONS

3.1. CONTRACT AMENDMENT

Any amendment to the contract between Antoine Maraval and the client must be made in writing.

3.2. RATES

Rates and fees as well as all services provided by Antoine Maraval, in particular expenses such as meals, travel, etc., are not subject to value-added tax (VAT).

3.3. ASSIGNMENT OF CONTRACT

The rights and obligations arising from the contract concluded between Antoine Maraval and the client may be assigned in whole or in part to a third party only in the event of business succession (takeover, merger, inheritance, change of ownership for any other reason) and subject to the written approval of the other party.

3.4. JURISDICTION

Any dispute relating to the existence, interpretation or execution of any contract concluded between Antoine Maraval and the client shall be submitted to the competent courts of the jurisdiction of the registered office of Antoine Maraval. Antoine Maraval reserves the right to bring the matter before the competent courts of the client's domicile or registered office.

3.5. LAW

This contract is governed exclusively by Swiss law.

3.6. ENTRY INTO FORCE

These general terms and conditions come into force on January 1, 2025 and repeal and replace all previous provisions to the contrary.