T&C

Terms & Conditions

(Updated: 8 January 2026)

 

1. DEFINITIONS & SCOPE

1.1 Definitions

  1. a) The platform operated under plush74.com is a service offered by PLUSH74 Switzerland AG, represented by its Founder & CEO Robin Sebastian Hoefler, Zähringerplatz 11, CH-8001 Zurich; hereinafter referred to as “PLUSH74”.
    b) Location providers for photo/film shoots and events who showcase their locations on the platform with a profile entry are hereinafter referred to as “Members”.
    c) The profile entry created by the Member is hereinafter referred to as “Profile”.
    d) The location, contact details, other data, texts, photos, videos and links to the Member’s website entered by the Member are referred to as “Information Material”.
    e) Visitors to www.plush74.com who contact PLUSH74 in order to request or conclude a contract with Members concerning location rental services are referred to as “Clients”.

1.2 Subject matter of the contract and scope

PLUSH74 operates a curated online platform under the www.plush74.com domain where Members may showcase locations for photo/film shoots and events.

Potential Members must apply via a contact form. PLUSH74 evaluates applications and may accept or decline them at its sole discretion based on its curatorial standards.

Clients may access Profiles and contact PLUSH74 in order to request, negotiate, and conclude contracts with Members.

The platform is primarily used to establish contact between Clients and Members. PLUSH74 may additionally facilitate communications, coordination, or payments between Clients and Members and may provide ancillary services as described in Section 9. Contracts for location rental are concluded exclusively between Clients and Members. PLUSH74 does not become a party to such contracts.

These T&Cs govern the contractual relationship between PLUSH74 and its Members.

 

1.3 Third-party terms

Deviating terms and conditions of Members shall not apply unless expressly confirmed by PLUSH74 in text form.


  1. PROFILE

 

2.1. Member information

A Member must provide PLUSH74 with accurate, up-to-date and complete information and regularly check their Profile during the entire term of the contract to ensure that it is up-to-date, complete and correct. The Member must communicate any significant changes, such as the contact person, address, telephone number or the service offered, to PLUSH74 without delay.

 

2.2. Profile content

A Member may create a Profile on the PLUSH74 platform and maintain their Information Material there. After an entry has been made, PLUSH74 will review such entry as soon as possible. PLUSH74 reserves the right to decline a Member if the service offered does not meet the criteria and standards set by PLUSH74. Once PLUSH74 has made a positive decision about the entry, the Profile will be published on the platform.

 

The Member has no claim against PLUSH74 for the publication of specific content or a specific form of presentation of their Profile. In particular, PLUSH74 may remove hyperlinks that refer to pages external to www.plush74.com.

 

2.3. Short link / Access data

PLUSH74 will allocate the Profile an individual “short link” (www.plush74.com/locations/ [NAME]). PLUSH74 may subsequently modify or adjust this short link without the Member’s consent; however, PLUSH74 will inform the Member about the adjustment or modification to the short link.

 

PLUSH74 will grant a Member access to their personal login area after they have specified their own username (email address) and password.  The Member can change the password individually at any time.

 

The Member undertakes to keep the access data required for logging in to the Profile confidential and to protect them from access by unauthorised third parties.

 

2.4. Member’s responsibility for the Profile

The Member bears sole responsibility for the content of the Profile. The Member is obliged to publish the Information Material entered in the Profile in compliance with applicable legislation. The Member bears sole responsibility for incorrect information and infringements of the law. PLUSH74 will not be liable in this respect and will not carry out any legal review of the Profile.

 

 

  1. RIGHTS OF USE / GRANTING RIGHTS

 

3.1. Rights of use / Third-party rights

The Member is responsible for the Information Material published on their Profile. In this respect, the Member must observe the rights of third parties (copyright, personality rights, name rights, etc.). The Member warrants to PLUSH74 that the Information Material they have provided is free of any third-party rights and that the Member is entitled to use it, in particular to grant PLUSH74 the necessary rights of use for making it publicly accessible.

 

3.2. Granting rights of use under copyright law

The Member grants PLUSH74 a free, simple, transferable right, unlimited in time, space and content, to make the Information Material entered in their Profile publicly accessible for commercial purposes, and to reproduce, distribute and process it for this purpose, with due consideration of the moral rights. PLUSH74 is entitled to transfer these rights of use to platforms of partner companies in order to increase reach.

 

 

  1. LEGAL INFRINGEMENTS

Should a third party assert a claim for legal infringement against the Member, the Member is obliged to notify PLUSH74 of this immediately. PLUSH74 can block the content that is the subject of such alleged legal infringement until such time that the justification for the assertion of this legal infringement has been clarified.

 

Should the Member infringe any legal regulations or these T&Cs, PLUSH74 can delete the infringing content and, in serious cases, may block the entire Profile.

 

 

  1. MEMBER’S LIABILITY & INDEMNITY

The Member will indemnify PLUSH74 from all claims asserted by third parties against PLUSH74 as a result of an infringement of rights or a breach of the Member’s obligations. This includes compensation for the loss or damage resulting therefrom, including any legal costs incurred by PLUSH74.


  1. SERVICES PROVIDED BY THE PLUSH74.COM PLATFORM

 

6.1. Showcasing of Member locations by PLUSH74

PLUSH74 reserves the right of editorial freedom regarding the design of the www.plush74.com, platform, the content and the form, as well as the right to change or redesign it, but without restricting the contractual services owed by PLUSH74 to the Member.

 

PLUSH74 will present selected Member locations in brief articles, images or video clips on the landing page of www.plush74.com. PLUSH74 alone will decide about their selection, display and formatting. Members have no specific entitlement to be presented by PLUSH74 on the landing page.

 

6.2. Copyright of PLUSH74

The copyright and rights of use for these articles, images, video clips and other content created by PLUSH74 remain the property of PLUSH74. The Member is only allowed to use them outside of the Profile with the explicit written consent of PLUSH74.


  7. WARRANTY & LIABILITY

7.1 No liability for Member services

Contracts concluded following contact via www.plush74.com are direct agreements between Clients and Members. Members bear sole responsibility for their services. PLUSH74 may facilitate communication or payment processes but does not act as a contractual party, broker, or guarantor of Member services.

 

7.2. No liability in the event of force majeure

Claims asserted by the Member against PLUSH74 for non-performance of contractual obligations as a result of force majeure or as a result of obstacles that lie within the Member’s area of responsibility are excluded. In this case, agreed performance deadlines will be deemed to have been extended accordingly.

 

Force majeure will also be deemed to exist if PLUSH74 has to temporarily restrict or suspend its services, as a consequence of a computer virus entering the system or a hacker attack, in order to eliminate the consequences of such a cyberattack and to take further protective measures.

 

7.3. System and server failures / Maintenance work

Warranty and/or compensation claims on the part of the Member against PLUSH74 due to a system or server failure or the temporary unavailability of www.plush74.com due to maintenance work or data storage are excluded. PLUSH74 will make every effort to eliminate any problem immediately in the event of the temporary unavailability of www.plush74.com and/or the Member’s Profile. In such cases, PLUSH74 will be released from its contractual obligation to provide services for the duration of the unavailability as well as for a reasonable time before and after.

 

The deadline for subsequent performance for PLUSH74 in the case of other warranty claims asserted by the Member is one week after the Member’s notification of defect, whereby the Member must precisely describe the defect to PLUSH74. The Member may assert any further legal claims after the period has expired without success.

 

7.4. Liability for intent and gross negligence

PLUSH74 will only be liable to the Member for loss or damage caused by PLUSH74 itself or its vicarious agents intentionally or through gross negligence. Excluded from this is loss or damage resulting from the breach of a contractual obligation that is essential for the achievement of the purpose of the contract (cardinal obligation), as well as loss or damage resulting from injury to life, body or health, for which PLUSH74 is also liable in case of slight negligence.

 

7.5. Limitation period for claims

Claims asserted by the Member that result from a breach of duty on the part of PLUSH74 or its vicarious agents are subject to a period of limitation of one year after the legal commencement of the period of limitation. Excluded are claims for damages based on an intentional or grossly negligent breach of duty on the part of PLUSH74 or its vicarious agents, and claims for damages based on injury to life, body or health, even if they are based on a slightly negligent breach of duty on the part of PLUSH74 or its vicarious agents; the statutory limitation periods apply to these claims for damages.

 

  8. TERM OF THE CONTRACT / TERMINATION

8.1 Contract term

The contract between PLUSH74 and the Member is concluded for an indefinite period unless otherwise agreed.

8.2 Ordinary termination

Either party may terminate the contract with 30 days’ notice to the end of a calendar month, unless a different notice period has been agreed in writing.

8.3 Extraordinary termination

The right to extraordinary termination remains unaffected. PLUSH74 may terminate without notice in the event of a material breach. Either party may terminate without notice if a force majeure event persists for more than two (2) months.


  1. PRICING & FEES

  1. Free use of platform.
    Use of www.plush74.com for viewing Profiles and submitting direct requests through Plush Chatroom is free of charge for Members and Clients.

  2. Client services and Client Fees.
    PLUSH74 may provide Clients with additional services requiring manual team involvement, including but not limited to facilitation of multiple parallel location requests, location scouting, management, consulting, or other concierge services. Such services are governed by the Pricing page and/or individual booking confirmation.
    Where applicable, a Client Fee may be charged on top of the rental price in accordance with the Fee Structure page, provided that the Client is informed of the fee before booking confirmation.

  3. Member Fees.
    For each successful booking initiated through PLUSH74, Members owe PLUSH74 a Member Fee in accordance with the Fee Structure page. The applicable Member Fee is disclosed in the booking confirmation. Any deviation from standard Member Fees requires explicit written agreement before booking confirmation.

  4. Overtime.
    Unless otherwise agreed in the booking confirmation, overtime is charged pro-rata based on a standard booking duration of ten (10) hours per day, plus any applicable Client Fee, as detailed on the Fee Structure page.

  5. Billing and payout mechanics / authorized payment agent.
    PLUSH74 is entitled to invoice Clients in its own name for rental fees and applicable Client Fees and to collect such amounts as disclosed billing and payment processing agent for the Member. PLUSH74 remits the rental fee net of the applicable Member Fee to the Member after receipt of Client payment, in accordance with the Fee Structure page. Members authorize PLUSH74 to set off Member Fees against payouts.

  6. Contracting and billing entities.
    The contractual relationship with Members under these T&Cs is concluded with PLUSH74 Switzerland AG. PLUSH74 Switzerland AG may delegate billing and payment collection to its affiliated company Plush74 Germany GmbH acting as disclosed billing agent. Invoices will indicate the issuing entity and applicable VAT/reverse-charge treatment. This delegation does not change the contracting party or allocation of rights and obligations under these T&Cs.

  7. Incorporation and modification.
    The Fee Structure page and Pricing page form part of these Terms and Conditions. Modifications follow the procedure in Section 10.1.

 

  1. FINAL PROVISIONS

 

10.1. Changes to the Terms & Conditions


PLUSH74 is entitled to amend these T&Cs. PLUSH74 will publish the amended T&Cs on its website at https://plush74.com/tc/ when they come into effect. Insofar as the Member does not object to the amended T&Cs within 6 weeks after publication, the amended T&Cs will be deemed to have been approved by the Member and thus become an integral part of the contractual relationship.

 

PLUSH74 draws the Member’s attention to this circumstance and may terminate the contractual relationship in the event of the Member’s objection while continuing to protect the Member’s legitimate interests, or may continue the contractual relationship under the old T&Cs. The Member has no claim vis-à-vis PLUSH74 to a certain course of action to be taken by PLUSH74.

 

10.2. Data privacy

Information on the collection and processing of personal data is provided by PLUSH74 in its privacy policy, which can be accessed at  https://www.plush74.com/tc.

 

10.3. Non-disclosure

PLUSH74 and the Member are obliged to maintain secrecy about the content, the execution and the circumstances associated with the contract, even after the contract has terminated.

 

10.4. Written form / Ineffectiveness of certain provisions

Any modifications or amendments to this contract, as well as notice of termination, must be made in writing. This also applies to the annulment of this provision requiring the written form. If individual provisions of these T&Cs are invalid in whole or in part, it will not affect the validity of the contract and the remaining T&Cs. The invalid provision will be replaced by a provision that comes closest to the meaning and purpose of the invalid provision.

 

10.5. Application of Swiss law / Place of jurisdiction

Swiss law will apply. The place of performance and jurisdiction for disputes arising in connection with the contract between PLUSH74 and the Member as well as in connection with these T&Cs is – as far as is legally permissible – Zurich.