Important information about booking models in Switzerland

When Swiss companies book models, or when a production takes place in Switzerland, licensing requirements under Swiss law may apply. The key points are set out below. If you have any questions, please contact the ASM.

Summary

• Model placement is regulated under Swiss federal law and requires a licence.

• For productions in Switzerland and for Swiss companies, model bookings must be handled through a licensed Swiss agency.

• Foreign agencies generally do not hold a Swiss licence.

• Invoicing through third parties does not affect the licensing requirement.

• Violations may result in fines of up to CHF 40,000.

The Swiss market is legally protected

Bookings for Swiss companies and assignments in Switzerland must be processed through a model agency holding a Swiss licence. Licences are issued by the competent cantonal authorities and SECO, are subject to strict conditions, and typically require, among other things, a registered office in Switzerland. All members of the ASM hold such a licence.

As a result, foreign model agencies may not conclude bookings directly with Swiss clients or for assignments in Switzerland unless the booking is processed by a licensed Swiss agency.

Model placement with a Swiss connection is regulated

Under the Swiss Employment Services Act, only agencies holding a valid licence may:

• place models for assignments in Switzerland, regardless of where the commissioning company is domiciled

• place models for companies domiciled in Switzerland, regardless of where the production takes place

In both cases, the following applies: the booking must be processed by a licensed Swiss model agency.

Legal basis: Employment Services Act (AVG), Art. 2 and Art. 39a (Fedlex): https://www.fedlex.admin.ch/eli/cc/1991/392_392_392/de

Invoicing does not change the requirement

Even if invoices are issued via third parties, the decisive factor remains the placement and booking activity. The criteria are the domicile of the commissioning company or the place of production. In either case, the booking must be processed by a licensed Swiss model agency.

Violations may be costly

Breaches of these requirements may result in sanctions. The authorities may impose fines of up to CHF 40,000 (AVG Art. 39a). Further legal consequences may arise for the parties involved.

Recommended approach

To process bookings in a legally compliant and professional manner, work with a licensed Swiss model agency. If you wish to book models represented exclusively by foreign agencies, cooperation with a licensed Swiss partner agency is required, and that Swiss partner agency must process the booking.