These Terms of Service govern the provision of all services and tangible items to private individuals or legal entities, hereinafter referred to as the Client, by Veronika Bendik, domiciled at Mutschellenstrasse 89, 8038 Zurich, and her subcontractors, hereinafter referred to as Bendik Photography , before, during and after a photo shoot.
The term inquiry or quote shall refer to a description of a range of services and tangible items that are to be delivered to the Client at a given date and time for a given price. The term booking describes the timeslot reserved for a photo shoot according to an inquiry or quote. A mutual binding agreement between Bendik Photography and the Client on an inquiry or a quote, the related booking and these Terms of Service is referred to as a contract.
2. CONTRACT VALIDITY
During the submission of an inquiry online, the Client agrees to these Terms of Service by checking the checkbox “I’ve read and accept the Terms & Conditions”. Pressing the button “Request Confirmation” first results in an inquiry that is non-binding, i.e. that does not constitute a contract, to be sent. Bendik Photography will contact the Client and ask the Client to confirm the contained booking via email. Upon reception of this written confirmation, a contract between the Client and Bendik Photography is concluded.
When ordering a photo shoot during a personal consultation, the Client and Bendik Photography both sign and therefore conclude the contract.
The amount of photographs processed according to paragraph 3.3 that is delivered to the Client is stated in the inquiry or quote pertaining to the contract and typically amounts to a minimum of 30 photographs and a maximum of 50 photographs per hour of photo shoot.
3.2 Size and resolution
Two sets of processed photographs are delivered to the Client, the one being for personal use only, whereas the other set is meant to be used on social media (Facebook, Instagram, Snapchat, etc.). All processed photographs that are delivered conform to the following specifications:
a) size and format of photographs for personal use: min. width 3300 px., jpeg format, 300 dpi, no digital watermark
b) size and format of photographs for social media use:width 2048 px., jpeg format, small digital copyright watermark
All delivered photographs are processed in terms of their brightness, contrast and colour. The latter may sometimes deviate from perceived colours and certain photographs may be delivered in black and white.
All delivered photographs are processed such that their natural appearance is preserved. The appearance of processed photographs is similar in nature to the samples shown on www.bendik.ch.
In case the Client wishes for his photographs to be altered in a substantial way, e.g. changing of body proportions, facial features, merging of different photographs or removal of persons or objects within a photograph, a surcharge of up to CHF 25 per photograph will be applied. Bendik Photography may choose not to process individual photographs.
In exceptional cases, processing of photographs according to the above terms might be delegated to a third party located outside of Switzerland. In such cases, an explicit permission of the client will be sought.
The date until which the processed photographs will be delivered to the Client by latest is stated in the inquiry or quote pertaining to the contract. For a wedding photo shoot, a minimum of 30 working days (Monday – Friday excluding Swiss national holidays) after the photo shoot has taken place needs to be assumed.
Delivery is achieved through providing the Client with a download link in a password-protected client area, through which all processed photographs can be downloaded.
The date until which tangible items will be delivered to the Client is stated in the inquiry or quote pertaining to the contract. In general, delivery of tangible items, such as USB-sticks, photo books, etc., is subject to the delivery times of both the supplier of the tangible item to Bendik Photography and any postal service or forwarder that delivers the tangible item to the Client. Bendik Photography shall not be held liable for any delays in delivery time or losses during transport that have been caused by the supplier or any postal service and forwarder.
In case that Bendik Photography is unable to deliver processed photographs to the Client due to technical malfunction, including but not limited to camera and processing, or loss or damage of any nature without fault, Bendik Photography shall reimburse all made payments to the Client and shall have no further liability.
The download link to the processed photographs remains active for a period of 180 days after delivery.
The entire copyright on the photographs is retained by Bendik Photography at all times throughout the world.
The Client is permitted to use all delivered photographs, whether in printed or digital form, exclusively for private purposes. All commercial use is strictly forbidden and the Client is not allowed to in any way edit the delivered photographs.
All delivered photographs can only be used with watermarks in social media and any other digital medium.
3.7 Model release
The Client hereby agrees that all photographs made during the photo shoot can be used for marketing material, portfolio entries, as sample products, for editorial submission and displayed on the website, in social media and/or in Bendik Wedding Photography’s studio and for any other purposes at Bendik Wedding Photography’s discretion. In case the Client wishes for his photographs not be used in one, several or all of the above ways, a surcharge of 20% of the total price indicated in the contract will be applied.
Furthermore, the Client hereby states that no rights of persons and/or locations depicted in any of the photographs made during the photo shoot are infringed. In case Bendik Photography has to pay damages resulting from the infringement of rights of the aforementioned parties, the Client agrees to fully compensate any payed damages to Bendik Wedding Photography.
4. PHOTO SHOOTS
4.1 Meal breaks
In case a photo shoot lasts longer than 5 hours without any interruption, Bendik Photography is entitled to a 30 minutes meal break for each 5 hours of photo shoot. The Client agrees to take responsibility for providing Bendik Photography with at least one meal and non-alcoholic beverages.
4.2 Transfer during photo shoot
In case of a change of location during the photo shoot, the Client needs to ensure the transfer of Bendik Photography to all locations at which the photo shoot is conducted, in accordance with the agreed schedule.
4.3 Rebooking and cancellation
Changing the date, time and/or duration of a booking or is generally not possible. Exceptions can only be made if Bendik Photography has been informed about the changes more than 30 days prior to the start time of the booking and require Bendik Wedding Photography’s explicit agreement.
Cancellation of bookings require the Client to, at all times, pay a cancellation fee of 50% of the total price indicated in the contract.
4.4 Photo shoot extension
On the day of the photo shoot, extension beyond the agreed end time of the booking is subject to an hourly fee of CHF 300, except for the Art Portrait photo shoot, for which an hourly fee of CHF 360 is applicable.
4.5 Second photographer and/or assistants
Depending on the size and complexity of the photo shoot, Bendik Photography decides on whether a second photographer and/or assistants are needed.
A second photographer is for instance needed when two separate photo shoots need to be made at two different locations at the same time or when the amount of guests at a wedding exceeds 100 persons. In such cases, an additional hourly fee of CHF 250 is applicable.
The involvement of a single assistant into a photo shoot does not require the Client to pay any additional fees, whereas the hourly fee for multiple assistants is discussed and agreed on with the Client.
4.6 Late arrivals and no-show of the Client
In the case of late arrival of the Client, any time that has passed since the original start time of the booking will be forfeited. The number of processed photographs delivered may be adjusted to reflect the actual time available for the photo shoot.
In case of no-show, the Client is required to pay 100% of the total price indicated in the contract, given that the no-show was not caused by force majeure events. Illness or accident do not constitute a force majeure event, but may, if proved by an appropriate medical certificate, lead to Bendik Photography rescheduling the booking in agreement with the Client.
4.7 Late arrival and failure to perform of Bendik Photography
In case of late arrival of Bendik Photography to the photo shoot, the photo shoot will be prolonged by the time that has passed since the start time of the booking.
If Bendik Photography is unable to attend the photo shoot due to illness, emergency, fire, casualty, strike or any other force majeure events beyond the control of Bendik Photography, Bendik Photography will propose an appropriate replacement to the Client or will try to reschedule the booking. In case no agreement can be reached, Bendik Photography shall reimburse all made payments to the Client and shall have no further liability.
Bendik Photography provides personal consultation at the Client’s residence only for Clients living within the Canton of Zurich, with exceptions only made upon request and at the discretion of Bendik Photography.
Personal consultations are limited to an initial personal consultation and at most an additional personal consultation prior to the photo shoot.
The price indicated in the contract is not subject to any additional surcharges, with the only exceptions being special processing of photographs as stated in paragraph 3.3, disagreement with the model release outlined in paragraph 3.7 and the involvement of either a second photographer or more than one assistant as stated in paragraph 4.5.
An extension of the duration of the photo shoot on the day of the latter is subject to the hourly fees stated in paragraph 5.2.
In case the exact location of the photo shoot is not known at the time the inquiry or offer was made, the travel fee to the respective service zone (Kanton of Zurich, German Switzerland, French Switzerland, etc.) additionally needs to be covered.
5.2 Payment conditions
Payment of the total or, in the case of an advance payment, outstanding invoice sum is to be made no later than 30 days after the date at which the photo shoot took place.
Advance payments are required for all photo shoots and amount to 50% of the price indicated in the inquiry or offer. Advance payments are to be made at most 10 days after the corresponding invoice has been issued.
Failure to make an advance payment results in Bendik Photography freeing up the date associated with the booking and offering it to other clients.
Bendik Photography collects, stores and edits the Client’s personal data, such as name, address, email or telephone number, only for the purpose of providing services, managing and maintaining the customer relationship, ensuring high quality of service and billing.
The Client agrees to Bendik Photography processing personal data for marketing purposes, including personalised advertisements and newsletters. The Client may, at any time, demand for any personalised advertisements and/or the newsletter service to be discontinued.
If a service is provided by Bendik Photography in collaboration with a third party, then Bendik Photography may pass on the Client’s personal data, including any unprocessed or processed photographs, to the third party to the extent necessary for the provision of such services.
7.1 Ordering of services by minors
Ordering and usage of any photographic services and/or tangible items provided by Bendik Photography is restricted to persons being above the legal age of 18 years. Minors require their parent or guardian to order and use all photographic services and/or tangible items offered.
As with regards to the following, Bendik Photography shall not be held liable:
a) any injuries, losses, expenses, or damages incurred or sustained by the Client, any member of his/her family and any other participant in the photo shoot arising from, relating to, or connected with the use of the provided photographic services.
b) an exhaustive protection from hacking or eavesdropping from third parties cannot be guaranteed due to technical reasons. Bendik Photography shall not be held liable for any leakage or loss of the Client’s personal data and photographs or any other damage resulting from such incidents.
c) Bendik Photography tries to conform to all requests related to the subject and overall composition of any photo shoot in the best possible manner, but may, at all times, choose both subject and composition at its own discretion. Bendik Photography shall not be held liable and will not provide any reimbursements in case the Client is not satisfied with the subject, composition and or processing of the delivered photographs. Furthermore, Bendik Photography cannot guarantee that photographs of specific persons, locations and other subjects can be delivered to the client.
d) Lighting and weather conditions cannot be influenced by Bendik Photography and are therefore no valid reasons for expressing discontent with a photo shoot or cancelling a booking, unless, in accordance with Bendik Photography, a suitable date can be found to which the photo shoot can be postponed.
8. CHANGES TO TERMS OF SERVICE
Bendik Photography retains the right to adapt the content of these Terms of Service, given that the changes do not incur a noticeable deterioration of service for the customer. This for instance implies that no changes will be made to the size and resolution of the processed photographs or their amount and that no additional surcharges will be incurred by the Client after the conclusion of the contract.
9. SEVERABILITY CLAUSE
In case any provision in these Terms of Service shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
10. COURT OF JURISDICTION AND APPLICABLE LAW
This agreement shall be governed by and construed in accordance with Swiss law. The Client and Bendik Photography submit to the jurisdiction of the Canton of Zurich, mandatory places of jurisdiction reserved.
18th of October 2017, Zurich, Switzerland