Terms and Conditions

General Terms and Conditions of Nicolas Burri Studio GmbH, version July 2026.

This is an English translation of the German "Allgemeine Geschäftsbedingungen". In case of discrepancies, the German version prevails.

1. General

1.1 Contractual terms

The following terms govern the relationship between the client and Nicolas Burri Studio GmbH (hereinafter "Nicolas Burri"). They form an integral part of every commission.

1.2 Written form

Any deviation from these terms must be agreed in writing.

1.3 Duty of care and confidentiality

Nicolas Burri undertakes to carry out the tasks assigned with care, diligence and a sense of responsibility. Nicolas Burri undertakes to treat all information entrusted to him or developed for the client as confidential.

1.4 Copyright

As a rule, the copyright in all works created by Nicolas Burri (moving images, photographs, concepts, drafts, etc.) belongs to Nicolas Burri. Nicolas Burri may dispose of these rights in accordance with the Swiss Federal Act on Copyright and Related Rights of 9 October 1992. The client may not alter these works without the consent of Nicolas Burri. Nicolas Burri is entitled to be credited as the author of the works he has created in a form he determines.

1.5 Rights of use

The scope of the permitted use of the works created by Nicolas Burri follows from the purpose of the contract concluded with the client. In particular, works, project documents or parts thereof created by Nicolas Burri and handed over to the client may only be used within the scope of the agreed commission. The rights of use pass to the client only once the fee has been paid in full. Any transfer of rights of use to third parties requires a written agreement. Neither drafts nor finished works may be altered, in the original or in any reproduction, without the express consent of Nicolas Burri. Any imitation, including of parts, is prohibited. A breach of this provision entitles Nicolas Burri to charge a contractual penalty of twice the agreed fee. Payment of the contractual penalty does not lift the prohibition of unlawful use.

Regardless of the agreed scope of use, Nicolas Burri retains the right to use the works produced for his own portfolio and self-promotion.

1.6 Responsibilities of the client

The client is responsible for obtaining all third-party rights required for the use of the material produced, in particular with regard to products, trademarks, designs and properties shown, as well as persons shown (model releases). The client is also responsible for obtaining all official permits and authorisations required to carry out the commission.

1.7 Liability

If the works produced by Nicolas Burri are not objected to within 7 days of delivery to the client, they are deemed approved. In the event of delays in delivery or performance due to force majeure or events that make performance substantially more difficult or impossible for Nicolas Burri (in particular strikes, natural events, official orders, failure of communication networks, etc., including at suppliers or subcontractors), Nicolas Burri is entitled to postpone delivery by the duration of the delay plus a reasonable start-up period. This also applies to deadlines agreed as binding.

1.8 Data retention

Unless agreed otherwise, Nicolas Burri archives only the final delivered data and files (finished films, approved images, etc.) for one year after completion of the commission. Raw data is not archived. Handing over data and documents to the client does not include the release of rights of use.

2. Fees

2.1 Cost estimate and invoicing

The cost estimate of Nicolas Burri forms the basis for invoicing the fee. As a rule, the fee is calculated on the basis of the time spent and the individually agreed day rate. If it becomes apparent that the actual costs will exceed the estimate by more than 10%, Nicolas Burri will point out the higher costs. The cost overrun is deemed approved by the client unless the client objects in writing within ten days of the notice and at the same time proposes less expensive alternatives.

If it is agreed that Nicolas Burri or third parties involved in the commission keep a certain period free for the client (e.g. weather options), Nicolas Burri is entitled to compensation of 50% of the day rate per reserved day.

Preparation and wrap work as well as travel on additional days of up to 5 hours in total are charged at 60% of the day rate.

2.2 Working hours, overtime and night work

A working day comprises 9 hours and must fall within a period of 11 hours. Waiting times beyond this count as working time. If the total travel time to and from the location exceeds 30 minutes, the entire travel time counts as working time. Driving a vehicle on behalf of the commission always counts as working time. The rest period between two working days is at least 11 hours. In exceptional cases it may be reduced to 9 hours, and to 8 hours with the consent of the person concerned. For night work between 23:00 and 05:00 requested by the client, a surcharge of 25% of the agreed fee is charged for the corresponding working time.

The surcharges for overtime and night hours are:

10th and 11th hour: 25%
12th and 13th hour: 50%
14th and 15th hour: 100%
from the 16th hour: 150%

The day rate is the basis for calculating fees and surcharges. The hourly rate for overtime and night hours is 1/9 of the day rate.

2.3 Expenses

For work away from the place of residence, accommodation and travel costs are charged at cost, unless otherwise agreed or provided. There is an entitlement to a main meal after 5 working hours and to a second meal after a further 6 working hours. Meals are charged at a flat rate of CHF 35.– per person, unless otherwise agreed or provided. If the use of a vehicle is necessary, the actual costs are charged, unless a flat rate has been agreed. If driving a vehicle is required, or a vehicle is provided by the client, the client is responsible for adequate insurance cover and for any deductible in the event of damage.

2.4 Reduction or cancellation of the commission

As a rule, each phase of the fee system, individually or as a whole, is to be paid at the agreed fee. If a commission is reduced or cancelled for serious reasons, the following applies in principle:

cancellation at least 10 days before the start of production: 50% of the total fee
cancellation 9 to 5 days before the start of production: 75% of the total fee
cancellation less than 5 days before the start of production: 100% of the total fee

If the commission is cancelled without serious reasons, 100% of the contractually agreed fee is owed.

If the production is postponed at least 10 days before the start of production and carried out at the later date, Nicolas Burri is entitled to compensation of 20% per postponed production, preparation or travel day. For a postponement 9 to 5 days before the start of production the rate is 30%, for a postponement less than 5 days before the start of production 50%. If Nicolas Burri is demonstrably prevented from working on the new date by commitments entered into beforehand, the cancellation rules apply. The same applies to a postponement of more than 14 calendar days, which automatically counts as a cancellation.

If a commission that has been placed is reduced or cancelled, Nicolas Burri is entitled to the fee in accordance with the above provisions and pro rata temporis. In addition, Nicolas Burri is entitled to charge costs and services already incurred with third parties and to compensation for any damage resulting from the reduction or cancellation. In the event of cancellation, Nicolas Burri is also entitled to use the work done so far elsewhere.

2.5 Payment terms

Invoices are payable within 30 days of the invoice date, unless otherwise agreed. For commissions involving a large amount of work, Nicolas Burri is entitled to reasonable advance payments. Upon delivery of the second reminder, default interest of 5% per annum on the outstanding amount becomes due.

3. Legal

3.1 Applicable law

The relationship between the client and Nicolas Burri is governed by Swiss law. Unless these terms provide otherwise, the provisions of the Swiss Code of Obligations apply.

3.2 Place of jurisdiction

The place of jurisdiction is Zurich.

Version: July 2026