FREELANCE GUIDE AGREEMENT

 

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The Zurich Insider and Freelance Guide

 

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1. Parties and Background

 

1.1 Parties
This Freelance Guide Agreement (the “Agreement”) is entered into between:

• The Zurich Insider by Samantha Aeschbach (UID: CHE-344.075.950), Baumgasse 10, 8005 Zurich, (the “Agency”), and

• [Guide Full Name], [address], (the “Guide”).

 

1.2 Background
The Agency organises and sells guided tours and related experiences in Zurich and other locations in Switzerland. The Guide is a self-employed professional providing tour guiding and related services on a freelance basis.

 

1.3 Purpose
The purpose of this Agreement is to set out the legal framework under which the Guide may, from time to time, accept individual assignments from the Agency as an independent contractor.

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2.    Scope of Services and Assignments

 

2.1 Scope of Services
The Guide may provide the following services for the Agency (the “Services”):

• Guiding walking tours, day tours, excursions, and related cultural or heritage experiences.

• Providing interpretation, storytelling, and local information to guests.

• Hosting and assisting guests in a professional, courteous, and safety-conscious manner.

 

2.2 Assignments and Confirmations
Each individual tour or project (an “Assignment”) will be defined separately in writing (e.g., by email or booking system), specifying at least:

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• Date, start time, meeting point, and approximate duration.

• City/region and general tour type.

• Agreed guide fee for the Assignment.

• Any special requests, budgets for expenses, or specific instructions.

 

2.3 No Obligation to Offer or Accept Work
The Agency is under no obligation to offer a minimum number of Assignments. The Guide is under no obligation to accept any particular Assignment and remains free to decline or propose alternative dates or times.

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2.4 Substitution

The Guide may, but is not obliged to, propose a substitute guide of equivalent qualification and language capability.

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Any proposed substitute must be approved in advance by the Agency. The Agency may refuse a proposed substitute on reasonable grounds, in particular where quality, experience, or client expectations are not adequately met. The Agency may appoint a replacement guide.

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3.   Independent Contractor Status

 

3.1 No Employment Relationship
The parties expressly agree that the Guide performs the Services as an independent contractor. Nothing in this Agreement or in practice shall be construed as creating an employment relationship, apprenticeship, partnership, joint venture, or agency relationship between the parties.

 

3.2 Autonomy of Methods

The Agency may specify the desired outcome of an Assignment (including guest satisfaction, timing, general theme/route/stops, and safety expectations), but does not control the manner in which the Services are performed.

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The Guide remains free to determine, in particular:

• the content, style, and manner of storytelling and interpretation;
• preparation methods, tools, and internal organisation of work;
• their working schedule, outside the agreed start and end times of the Assignment.

 

The Agency may provide guidance, recommendations, and best-practice materials (including the Handbook and Annexes). Such materials are non-binding and do not constitute instructions.

 

The Guide remains fully independent in determining the manner, method, and approach to delivering the Services at their professional discretion.

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3.3 Freedom to Work for Others

Nothing in this Agreement restricts the Guide from actively developing, marketing, or operating their own guiding business or working with other clients, provided that the Guide complies with the confidentiality and non-solicitation provisions set out herein

 

3.4 Own Business Responsibility
The Guide is responsible for:

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• Registering as self-employed where required and paying all social security contributions (AHV/AVS), taxes, and, if applicable, VAT.

• Maintaining their own equipment, phone, internet, and other business infrastructure.

• Bearing their own general business risks and overheads.

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3.5 Non-Binding Handbook
The Agency will provide a Freelance Guide Handbook and other materials describing best practices. These materials are non-binding guidance and do not constitute instructions or create any relationship of subordination. In the event of any conflict, this Agreement prevails.

 

 

4.   Term and Termination

 

4.1 Term
This Agreement enters into force on the date of signature by both parties and continues for an indefinite period, unless terminated in accordance with this section.

 

4.2 Ordinary Termination
Either party may terminate this Agreement at any time by giving 30 days’ written notice (email is sufficient), without reason. Termination does not affect:

• The parties’ rights and obligations in respect of Assignments already accepted;

• Any payment obligations that have already arisen.

 

4.3 Extraordinary Termination for Cause
Either party may terminate this Agreement with immediate effect for good cause, including in particular:

 

• Serious or repeated breaches of this Agreement.

• Fraud, theft, or gross misconduct.

• Repeated unexcused last-minute cancellations or a no-show without a valid reason.

• Conduct that seriously damages the Agency’s reputation or guest safety.

 

4.4 Effect of Termination
Upon termination:

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• The Guide may complete Assignments already accepted if both parties agree, or these may be cancelled or reassigned.

• Outstanding invoices remain payable in accordance with section 6.

• Confidentiality and data protection obligations continue to apply.

 

 

5. Fees, Expenses, and Payment Terms

 

5.1 Guide Fees
For each Assignment, the parties agree on the Guide’s fee in the Assignment Confirmation. Fees are typically calculated per tour or per hour/day (See Annex A - online). No additional fees are owed unless expressly agreed in advance.

 

5.2 Invoicing
The Guide shall issue an invoice for each completed Assignment (or batch of Assignments) within 10 days after completion, including:

 

• Date of invoice.

• The Agency’s full address 

• Guide’s full name (and business name if any), and address.

• Date and city of the Assignment, tour type, and duration.

• Agreed guide fee in CHF

• Pre-approved expenses with receipts.

• Total amount due, with VAT shown separately if applicable.

• Complete bank details or TWINT number

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5.3 Payment Terms
The Agency shall pay correct invoices within 7 business days of receipt by bank transfer or TWINT, unless otherwise agreed in writing. If an invoice requires correction, the payment period starts upon receipt of the corrected invoice.

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In the event of unjustified delay in payment beyond the agreed term, the Guide may charge default interest in accordance with applicable Swiss law.

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The Agency may withhold payment in the event of a justified dispute regarding the invoice, provided that the Guide is informed without undue delay.

 

5.4 Expenses
The Guide bears their own general business costs, including travel to and from the meeting point, phone and data charges, equipment, clothing, and general overheads.

The Agency reimburses only pre-approved expenses that are:

 

• Expressly authorised in the Assignment Confirmation (e.g., guides and/or guest public transport tickets, entrance fees, service recovery or courtesy gestures), and

• Documented with receipts and listed on the invoice.

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5.5 Bonuses and Commissions
The Agency may offer bonuses or commissions (e.g., for referred tours, guest reviews) as described in Annex A. Such schemes are discretionary and may be amended or withdrawn at any time, but the Agency will honour bonuses already earned at the time of change.

 

 

6.   Cancellations - Force Majeure - No Show 

 

6.1 Cancellation by Agency or Guest
If an Assignment is cancelled by the Agency or the guest, the following compensation rules apply, unless otherwise stated in the Assignment Confirmation:

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• Cancellation more than 5 days before the tour date: 0% of the agreed Guide Fee.

• Cancellation 4–5 days before the tour date: 50% of the agreed Guide Fee.

• Cancellation less than 3 days before the tour date: 75% of the agreed Guide Fee,
  unless the Guide is offered and accepts a replacement Assignment of equal or greater value on the same date.

• No-Show by guest: 100% of the agreed Guide Fee - For more details, see Annex B (B.4.1) & Deep Dive: Late & No-Show Guests 

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Different terms may apply to specific guest products or “assurance” options; such terms will be communicated in the Assignment Confirmation. The invoice is sent in accordance with point 5.2 of this Agreement. 

 

6.2 Cancellation by Guide
If the Guide must cancel an accepted Assignment:

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• The Guide shall notify the Agency without delay as soon as the need to cancel becomes known.

• The Guide may propose a substitute in accordance with Section 2.4; however, the Agency remains responsible for assigning a replacement.

• The Guide is not entitled to any fee for an Assignment they cancel, except where cancellation is due to a Force Majeure event as defined below.

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Repeated or last‑minute cancellations without good cause may constitute a material breach under section 4.3.

 

6.3 Force Majeure (see the Agency’s Cancellation Policy)
For the purposes of this Agreement, Force Majeure means events beyond the reasonable control of the affected party that objectively prevent performance, such as:

 

• Natural disasters (e.g., floods, severe snowstorms, landslides).

• Government measures, travel restrictions, or border closures.

• War, terrorism, riots, or civil unrest.

• Major infrastructure failures or widespread power outages.

• Pandemic-related quarantines or comparable public health measures.

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In case of Force Majeure:

• Neither party is liable for non-performance or delay caused by the event.

• The Guide remains entitled to compensation in line with the Agency’s cancellation policy, provided the event qualifies as Force Majeure under that policy.

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7.   Insurance and Liability

 

7.1 Guide’s Insurance
The Guide is responsible for maintaining adequate personal insurance coverage, including:

• Health and accident insurance and loss of earnings insurance, as appropriate.

• Civil liability / personal liability insurance, and, when proportionate, professional liability insurance (see Appendix A/A3.2)

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7.2   Agency’s Insurance
The Agency maintains its own business insurance as it deems appropriate. The Agency’s insurance does not replace, cover, or remove the Guide’s own responsibility for personal and professional cover.

 

7.3 Liability
Each party is liable for damage caused by its own unlawful intent or gross negligence, in accordance with Swiss law. To the extent permitted by law:

 

• The Agency is not liable for damage caused by the Guide’s breach of law or failure to hold required permits or insurance.

• Neither party is liable for indirect or consequential damages, such as loss of profit or loss of future business, except in cases of intent or gross negligence.

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7.4 Operational Responsibility

The Guide is responsible for the safe and professional execution of the Assignment on site, including making real-time decisions on route, pacing, and guest management.

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The Agency is responsible for providing accurate and complete Assignment information to the extent reasonably available at the time of confirmation.

 

This section does not limit liability for personal injury or death caused by negligence.

 

8.   Confidentiality and Data Protection

 

8.1 Confidential Information
The Guide shall keep confidential and not disclose to third parties any non-public information obtained through the cooperation, including:

 

• Guest contact details and personal information.

• Internal rates, margins, and commercial terms.

• Operational processes, manuals, and non-public materials (including the Handbook).

This obligation survives termination of the Agreement.

 

8.2 Use of Guest Data
The Guide may use guest data (names, contact details, special requests) only to carry out the relevant Assignment and for reasonable post‑tour follow-up as instructed by the Agency. 

 

The Guide shall:

 

• Store such data securely (e.g., protected devices, no casual sharing).

• Not share guest data with third parties except where necessary for the tour (e.g., booking a restaurant or ticket) and in line with applicable law.

• Delete or anonymise guest data when it is no longer needed for the Assignment, unless the guest independently establishes a separate relationship with the Guide.

• The Guide shall not use guest contact details to market their own services unless the guest independently initiates such a relationship.

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8.3 Compliance with FADP and Privacy Policy
The Guide shall comply with Swiss data protection law (currently the Federal Act on Data Protection, FADP) when processing personal data in connection with Assignments. The Guide also agrees to follow the Agency’s privacy and data protection guidelines as communicated from time to time, including the Agency’s Privacy Policy.

 

 

9.   Non-Solicitation and Brand Use

 

9.1 Non-Solicitation of Guests
For 6 months after each Assignment, the Guide shall not actively solicit guests met exclusively through that Assignment to bypass the Agency and book directly with the Guide for substantially similar services, where the booking would reasonably have been made via the Agency. This does not prevent:

 

• Guests independently finding and contacting the Guide through their own channels, or

• The Guide accepts work from guests with whom they already had a relationship before the Assignment.

 

9.2 Use of Brand and Materials
The “The Zurich Insider” name, logo, brand identity, website content, curated itineraries, and original materials are the intellectual property of the Agency. The Guide may use the brand only:

 

• When performing Assignments for the Agency, and

• In accordance with any brand guidelines provided.

 

The Guide shall not register or use domain names, social media handles, or marketing materials that are confusingly similar to the Agency’s brand without prior written consent.

 

9.3 Guide’s Own Content and Know-How
The Guide retains ownership of their own general knowledge, experience, and storytelling style. Nothing in this Agreement prevents the Guide from using their skills and personal content in work for other clients, provided they do not copy or disclose the Agency’s proprietary materials.

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9.4 Intellectual Property

All itineraries, tour concepts, written materials, and curated experiences developed by The Agency remain the Agency's intellectual property, even if adapted or delivered by the Guide.

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The Guide retains ownership of their own general knowledge, experience, and independently created content, provided that such content does not reproduce or disclose the Agency’s proprietary materials.

 

 

10.  Compliance with Laws and Permits

 

10.1 Work and Residence Permits
The Guide is responsible for ensuring they hold any necessary work and residence permits required under Swiss law for self-employed or freelance activity.

 

10.2 Registrations and Taxes
The Guide is responsible for registering as self-employed if required, paying AHV/AVS social contributions, and declaring all income and VAT, where applicable.

 

10.3 Licensing and Driving
If an Assignment involves activities that require specific licenses or authorisations (e.g., driving guests, operating specific vehicles, specialised mountain activities), the Guide shall:

 

• Perform such activities only if they hold the necessary valid licenses and insurance; or

• Clearly decline such activities and inform the Agency without delay.

 

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11. Miscellaneous

 

11.1 Amicable Resolution

The parties shall first attempt to resolve any dispute arising out of or in connection with this Agreement amicably and in good faith.

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If no resolution can be reached, the parties may agree to seek mediation before initiating formal legal proceedings.

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11.2 Governing Law and Jurisdiction
This Agreement is governed by and shall be construed in accordance with the laws of Switzerland. The courts of [Zurich / Neuchâtel, Switzerland] shall have exclusive jurisdiction, subject to any mandatory provisions of Swiss law.

 

11.3 Entire Agreement and Priority
This Agreement, together with any schedules and the Assignment Confirmations, constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior understandings. In case of conflict:

 

1. This Agreement prevails over the Handbook and other guidance documents.

2. An Assignment Confirmation prevails over the Handbook for the specific Assignment.

 

11.4 Amendments
Any amendments or additions to this Agreement must be in writing (including email, if clearly agreed) and explicitly identified as amendments.

 

11.5 No Waiver
Failure or delay by either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision.

 

11.6 Severability
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force. The invalid provision will be replaced with a valid provision that most closely reflects the parties’ original intent.

 

Additional Documents: 

 

➥ Annex A 

➥ Annex B

☞  Handbook 

⬅︎ Back to the Hub

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Annex A & B may be updated by the Agency from time to time by written notice to the Guide; in the event of any conflict, this Agreement prevails. The Handbook is non-binding best-practice guidance only.