1.INTRODUCTION
These Terms of Service govern the provision of services and tangible items to individuals or legal entities, hereinafter referred to as the Client, by Bendik Photography, residing at Mutschellenstrasse 89, 8038 Zurich, and their subcontractors, hereinafter referred to as Bendik Photography, before, during, and after a photo or video shoot.
An inquiry refers to a non-binding request for services from the Client, based on which a quote is generated. The term “quote” refers to the description of one or several services or goods that will be delivered to the Client at a specific date, time, and price. A booking refers to the agreed date and time for a photo shoot, based on the respective quote. A mutually legally binding agreement between Bendik Photography and the Client on a quote, the related booking, and these Terms of Service (referred to as TOS in the following) is referred to as a contract.
2. CONTRACT VALIDITY
2.1 Bookings made via the website, email, telephone, social media, or third-party websites
For inquiries made by the Client via website, email, telephone, social media, or third-party websites, the TOS will be sent to the Client via email attachment prior to booking. In these cases, a contract comes into effect when the Client and Bendik Photography mutually agree on a quote, TOS, and the corresponding booking. Subsequently, these TOS become an integral part of the contract, irrespective of any changes made to the quote or booking before or after the contract’s conclusion, unless specifically agreed upon with the client on certain aspects.
2.2 Bookings made during personal meetings
For bookings made during personal meetings, both the Client and Bendik Photography sign the contract that thereby enters into force. The quote is handed to the Client either as a separate page or directly marked on the contract. Through signing the contract, the Client acknowledges and accepts the TOS valid at the time of signing. Alternatively, the booking process outlined in paragraph 2.1 of the TOS can be used.
2.3 Bookings via third parties
If the client’s inquiry and/or booking is made through a third party, the Terms of Service (TOS) will be sent to the third party as an email attachment. The third party should then make the TOS available to the client. The client is required to acknowledge and accept the TOS during this process.
A contract will come into effect when the third party and Bendik Photography mutually agree on a quote and the corresponding booking, assuming there is a valid power of representation between the third party and the Client. In this case, these TOS will be an integral part of the contract, regardless of any changes made to the quote or booking before or after the contract is finalized, unless specifically agreed upon with the client on certain aspects.
3. PHOTOGRAPHS
3.1 Amount
The amount of photographs processed according to paragraph 3.3, that are delivered to the Client, is stated in the quote pertaining to the contract. If the amount is not specifically stated in the quote, a minimum of 30 and a maximum of 50 processed photographs will be provided to the Client per hour of photo shoot. The photographs delivered to the Client are exclusively selected by Bendik Photography. In certain cases, when the amount of photographs is large, Bendik Photography might offer the Client to select their favorite photographs from a wider selection.
3.2 Size and resolution
All delivered, processed photographs have the below-listed characteristics:
a) size and format of photographs for personal use: min. width 3300 px., jpeg format, 300 dpi, no digital watermark on the final version of photographs
b) size and format of photographs for social media use: min. width 2048 px., jpeg format, no digital watermark on the final version of photographs
Delivering photographs in.RAW format is exceptional and incurs an additional charge of CHF 980 (excluding VAT 8.1%).
3.3 Image Processing
All photographs delivered by Bendik Photography undergo a processing phase to enhance their brightness, contrast, and color.
Colors in certain photographs may appear different from the actual colors due to the unique photography style of Bendik Photography. Certain photographs may be delivered in black and white at the discretion of Bendik Photography, and will typically not exceed 20% of the total unless otherwise agreed upon with the Client.
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 Instagram: @bendikphotography or website: www.bendik.ch.
Should the client desire significant alterations to their photographs, such as modifying body proportions, or facial features, merging multiple images, or removing individuals or objects from a photograph, an additional fee of up to CHF 25 (excluding VAT 8.1%) per photograph will be applicable. However, Bendik Photography reserves the right to choose not to process certain individual photographs.
3.4 Delivery
The estimated delivery time for the photographs will be clearly communicated in the inquiry or quote associated with the contract. If not explicitly stated, the assumed timeframe for delivery is typically within 10 to 40 working days (Monday to Friday, excluding Swiss national holidays) after the completion of the photo shoot. Upon completion, the Client will receive a download link to access all processed photographs.
Upon request, post-processed photographs can be delivered within 7 days for an additional charge of CHF 320 (excluding VAT 8.1%).
The delivery date of photo books to the client depends on their selection of photographs.
A minimum of 30 working days (Monday – Friday excluding Swiss national holidays) after all processed photographs have been delivered to the Client need to be assumed. If the Client’s selection of the photographs takes longer than 30 working days, a surcharge of CHF 100 (excluding VAT 8.1%) will be applied.
The delivery of tangible items, such as USB sticks, photo books, prints, etc., is subject to the delivery times of suppliers and postal services. Bendik Photography cannot be held liable for any delays or losses during transport caused by suppliers or postal services.
In the event 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.
3.5 Storage
The download link for the processed photographs will remain active for a duration of 90 days after delivery.
3.6 Copyright
Bendik Photography retains the full copyright of all photographs or video recordings at all times throughout the world.
The Client is granted permission to use all delivered photographs or video recordings, whether in printed or digital form, solely for private purposes. Any commercial use must have prior explicit consent from Bendik Photography. The Client is not allowed to make any edits to the delivered photographs and video recordings.
All delivered photographs or video recordings can only be used on social media and any other digital medium with an appropriate reference to Bendik Photography.
3.7 Usage of photographs and privacy policy
The Client hereby agrees to all photographs or video recordings made during their photo or
video shoot to be collected, used, shared, and stored according to the Privacy Policy of Bendik
Photography.
4. VIDEO RECORDINGS
For video recordings that are provided to the customer, the size, format, delivery conditions, and other parameters will be agreed on an individual basis.
5. PHOTO SHOOTS
5.1 Meal breaks
If a photo shoot extends beyond a continuous duration of 5 hours, Bendik Photography is entitled to a 30-minute meal break for every 5 hours of the shoot. The Client agrees to provide Bendik Photography with at least one meal and non-alcoholic beverages.
5.2 Transfer during photo shoot
If there is a change of location during the photo shoot, the Client is responsible for arranging transportation for Bendik Photography to all the different locations as per the agreed schedule.
5.3 Rebooking and cancellation
Changing the date, time, and/or shortening the duration of a booking is generally not possible.
Exceptions can only be granted if Bendik Photography has been notified of the changes at least 30 days before the scheduled start time of the booking and with explicit consent from Bendik Photography.
In the event of a special or extraordinary situation in Switzerland as defined by the Epidemics Act (EpG), photo or video shoot bookings can be rescheduled to a different date without any additional charges, provided there is a 30-day notice.
Cancellation of bookings requires the Client to, at all times, pay a cancellation fee of 50% of the total price indicated in the contract.
5.4 Photo shoot extension
If the photo shoot exceeds the agreed end time, Bendik Photography’s approval is necessary, and an additional hourly fee of CHF 500 (excluding VAT 8.1%) will be applicable.
5.5 Assistants
The decision to involve assistants in a photo shoot by Bendik Photography depends on the size and complexity of the project. For photo shoots that require only one assistant, there are no additional fees for the Client. However, if multiple assistants are needed, the hourly fee will be discussed and agreed upon with the Client.
5.6 Late arrivals and no-show of the Client
In the event of the Client arriving late, any time that has passed since the original start time of the booking will be considered forfeited. The number of delivered processed photographs may be adjusted to reflect the actual time available for the photo shoot.
For instances of a no-show, the Client is required to fulfill the payment of 100% of the total price indicated in the contract, unless the no-show was 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.
5.7 Late arrival and failure to perform by Bendik Photography
If Bendik Photography arrives late to the photo shoot, the duration of the shoot will be extended by the amount of time that has passed since the scheduled start time.
In the event that Bendik Photography is unable to attend the photo shoot due to circumstances beyond their control such as illness, emergency, fire, casualty, strike, or any other force majeure events, Bendik Photography will make every effort to propose a suitable replacement or reschedule the booking. If no agreement can be reached, Bendik Photography will refund all payments made by the Client and shall have no further liability.
5.8 Consultation
Bendik Photography offers personalized consultations exclusively within the city of Zurich. Exceptions to this policy can be made upon request and at the discretion of Bendik Photography.
Personal consultations are limited to a maximum of two.
6. PAYMENT
6.1 Travel fees for bookings with unknown locations
If the precise location of the photo shoot is not known during the inquiry or quote, an additional travel fee will be invoiced for the corresponding service area.
6.2 Payment Conditions
Payment for the total invoice amount, or outstanding balance in the case of an advance payment, must be made no later than 7 days after the date of the photo shoot.
For all photo shoots, a 50% advance payment is required, which should be made within 7 days of receiving the corresponding invoice. Failure to make an advance payment will result in Bendik Photography releasing the date associated with the booking.
7. DISCLAIMER
As with regards to the following, Bendik Photography shall not be held liable:
a) for 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) 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 strives to accommodate all requests regarding the subject and overall composition of any photo shoot to the best of its ability. However, Bendik Photography reserves the right to exercise its own discretion in choosing both the subject and composition. Please note that Bendik Photography cannot be held responsible and will not provide any reimbursements if the Client is dissatisfied with the subject, composition, and/or processing of the delivered photographs. Additionally, Bendik Photography cannot guarantee the delivery of photographs featuring specific individuals, locations, or other subjects to the client.
d) Bendik Photography cannot control lighting and weather conditions, therefore, there are no valid reasons for expressing dissatisfaction with a photo shoot or canceling a booking. However, if agreed upon by Bendik Photography, a suitable alternative date can be arranged to postpone the photoshoot.
8. SEVERABILITY CLAUSE
If any provision in these Terms of Service is found to be invalid, illegal, or unenforceable, it shall not affect the validity, legality, and enforceability of the remaining provisions. The invalid, illegal, or unenforceable provision shall only be ineffective to the extent of such invalidity, illegality, or unenforceability.
9. COURT OF JURISDICTION AND APPLICABLE LAW
This agreement shall be governed by and construed in accordance with Swiss law. The Client and Bendik Photography submits to the jurisdiction of the Canton of Zurich, mandatory places of jurisdiction reserved.
January 10 2024, Zurich, Switzerland
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