1. Contractual Terms

The following terms govern the relationship between the client and the agency Collective Ltd liab Co (hereinafter referred to as the "Agency"). They apply to all assignments entrusted to the Agency and therefore form an integral part of every contract or work agreement.
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2. Written Form

Deviations from the following terms or from the conditions (see quotation) must be made in writing.

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Principles

3. Duty of Loyalty

The Agency undertakes to carry out the tasks entrusted to it carefully, conscientiously, and responsibly. It undertakes to treat information entrusted to it or prepared for the client as confidential.

4. Copyright

Copyrights to all works created by the Agency (concepts, sketches, drafts, etc.) belong to the Agency. It may dispose of these rights in accordance with the provisions of the Swiss Federal Copyright Act and related rights of October 9, 1992. As a result, the client is not entitled, without the Agency’s consent, to use the works concerned and/or make alterations – in particular to individual design elements. The Agency is entitled to designate its authorship of the works created in a form determined by the Agency.
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5. Rights of Use, Scope of Use

In principle, the agreed usage rights are only transferred to the client upon full payment of the fee. The scope of the permitted use of works created by the Agency is determined by the purpose of the contract concluded with the client. In particular, works created by the Agency, contract documents, or parts thereof handed over to the client may only be used within the scope of the agreed assignment. Unless otherwise agreed, this right of use is unlimited in time and geography but excludes any use beyond the contractual purpose as well as the release of raw data. The parties may, however, renegotiate any use beyond the contractual purpose as well as the release of raw data. For each use outside the contractual purpose, the client must obtain the Agency’s permission and adequately compensate the additional use.
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7. Warranty

In the case of edits, adaptations, or modifications of third-party works (e.g., videos, photos, logos, websites, all graphic design work, texts, samples, etc.), the Agency may assume, without explicit indication by the client, that authorization for such use exists and that no third-party rights are infringed. If third-party rights are nonetheless infringed, the client shall hold the Agency harmless in all respects.

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Fees

8. Model Release

Any person acting as a model, actor, extra, or similar in front of the camera as part of a client project or for the Agency’s self-promotion agrees that the resulting images, videos, audio recordings, and other content may be used, modified, and distributed by the Agency or its clients. Any limitation of the use of such recordings requires a written model contract (Collective Model Release).
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9. Provisional Quotation and Fee Accounting

The basis for the provisional quotation and the fee accounting is the Collective fee system. Generally, a written, individual provisional quotation is provided before the start of the assignment. The quotation indicates whether a project is compensated with a predefined lump sum or according to time spent and hourly rates of the respective service providers (Creative Director, Art Director, Graphic Designer, Copywriter, etc.). Any additional effort required due to changed specifications will be communicated to the client in good faith at an early stage and invoiced at project completion.
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10. Consideration of Modification Requests

The client has the right to request constructive changes to the work provided by the Agency. Generally, a defined time frame for additional effort due to such changes is already included in the provisional quotation. If the requested changes exceed an average scope and thus the defined time frame in the quotation, the resulting additional effort will be charged at standard rates.
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11. Reduction or Cancellation of the Assignment

If the quotation specifies a lump sum fee or a defined project duration, the Agency reserves the resources necessary to execute the assignment. Early cancellation of the contract or reimbursement of the fee is therefore excluded.

If the quotation specifies compensation based on time spent and hourly rates of the respective service providers (Creative Director, Art Director, Graphic Designer, Copywriter, etc.), it is possible to reduce or cancel an assignment. In such cases, the Agency is entitled to:

• Invoice for work performed to date (pro rata temporis),
• Invoice for its expenses and third-party services rendered,
• Claim compensation for any damages resulting from the reduction or cancellation.

In addition, the Agency has the right, in the event of cancellation, to use the work already created elsewhere. Usage rights remain fully with the Agency.
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12. Accounting

The Agency shall prepare invoices based on the quotation and services rendered.
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13. Payment Terms

• Projects up to a total of CHF 5,000 may be invoiced before project start.
• For projects up to CHF 100,000, a 50% advance payment is required before project start. The remainder, including any additional costs, is invoiced upon project completion.
• For projects exceeding CHF 100,000, a 30% advance payment is required. The Agency reserves the right to invoice incurred costs at the end of each month.

For ongoing service contracts (retainers), fees are invoiced at the beginning of each month. Any additional costs are invoiced at the end of the month or at the beginning of the following month.

For projects with a billing address outside Switzerland, the total amount stated in the quotation must be paid in advance. Any additional costs will be invoiced upon project completion or quarterly.

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Productions

14. Cancellation of Production Day

For weather-dependent shoots, the Agency will provide a recommendation on whether or not filming should proceed. The final decision always lies with the client. If a planned shoot cannot take place at the client’s request, this must be communicated at least 72 hours in advance. Otherwise, Agency costs (e.g., reserved resources for a shooting day) and external costs (e.g., booked models) may be charged to the client.
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15. Use of Concepts

All usage rights to developed concepts are only transferred to the client upon full payment. Unless explicitly agreed at the beginning of the project, the client has no exclusive rights to the resulting concept. The Agency may continue to use it in modified form.
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16. Output

The project specifications stated in the quotation (e.g., video length, number of feedback rounds, etc.) are binding. Expanding the specifications (e.g., more videos, language versions, playout in other formats, etc.) may result in additional costs.
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17. Use of Footage

Usage rights to raw material are not automatically included in an assignment. The Agency stores all generated data on its servers for at least three years and may use it for future video editing assignments. If a client wishes to acquire all usage rights to the raw recordings, this will be regulated through a buy-out agreement.

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Legal

18. Applicable Law

The relationship between the client and the Agency is governed by Swiss law. Unless otherwise provided in these terms and conditions, the provisions of the Swiss Code of Obligations, Art. 394 et seq., on simple agency contracts shall apply.
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19. Jurisdiction

The place of jurisdiction is the registered office of the Agency, Zurich.

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