Photo Use Waiver Template for Switzerland

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Key Requirements PROMPT example:

Photo Use Waiver

"I need a Photo Use Waiver under Swiss law for a marketing campaign running from March 2025 to December 2025, where we'll be using employee photos across our social media platforms and corporate website, with potential use in printed materials."

Document background

The Photo Use Waiver is an essential legal instrument in Switzerland for organizations and individuals seeking to obtain proper authorization for using photographs of individuals. This document is particularly crucial given Switzerland's strict privacy laws and robust data protection framework. The waiver must comply with the Federal Act on Data Protection (FADP/DSG), Swiss Civil Code provisions on personality rights, and relevant copyright laws. It's commonly used in various contexts, from marketing campaigns to corporate communications, and should clearly specify usage rights, duration, and territorial scope. The document becomes especially important when photographs will be used for commercial purposes or public display, requiring explicit consent under Swiss law.

Suggested Sections

1. Parties: Identification of the photographer/photo owner and the person(s) appearing in the photographs

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

3. Definitions: Key terms including 'Photographs', 'Usage Rights', 'Territory', and 'Usage Period'

4. Grant of Rights: Explicit permission to use the photographs and scope of usage rights granted

5. Usage Scope: Detailed description of permitted uses, platforms, and contexts

6. Duration: Time period for which the usage rights are granted

7. Territory: Geographic scope where the photos may be used

8. Privacy and Data Protection: Acknowledgment of Swiss privacy laws and consent for data processing

9. Representations and Warranties: Confirming capacity to grant rights and understanding of the agreement

10. Governing Law: Specification of Swiss law as governing law

Optional Sections

1. Commercial Use: Additional terms specific to commercial usage - include when photos will be used for advertising or promotional purposes

2. Compensation: Details of any payment or consideration - include if the photo subject is being compensated

3. Moral Rights: Specific provisions regarding attribution and integrity rights - include for professional photography

4. Revocation Rights: Terms under which consent can be withdrawn - include for sensitive contexts or long-term usage

5. Minor Provisions: Additional protection and parent/guardian consent - include when subject is under 18

6. Third Party Rights: Provisions regarding other identifiable individuals in photos - include for group photos

Suggested Schedules

1. Schedule 1 - Photograph Schedule: Detailed list or copies of photographs covered by the waiver

2. Schedule 2 - Permitted Uses: Comprehensive list of specific permitted uses and contexts

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

4. Appendix A - Sample Layouts: Examples of how photos will be used (if applicable)

5. Appendix B - Privacy Notice: Detailed privacy information as required by Swiss data protection law

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

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Media & Entertainment

Advertising & Marketing

Public Relations

Education

Corporate Communications

Event Management

Publishing

Fashion & Modeling

Sports & Recreation

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Retail

Healthcare

Tourism & Hospitality

Relevant Teams

Legal

Marketing

Communications

Public Relations

Human Resources

Creative Services

Digital Media

Content Creation

Compliance

Brand Management

Relevant Roles

Marketing Manager

Communications Director

Legal Counsel

Professional Photographer

Content Manager

Event Coordinator

Public Relations Manager

Social Media Manager

Brand Manager

Creative Director

Human Resources Manager

Corporate Communications Specialist

Digital Marketing Specialist

Compliance Officer

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