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.
An inquiry designates a non-binding request for service of the Client, according to which a quote is generated. The term quote refers to the description of one or several services or material goods that are delivered to the Client at a specific date and time for a specific price. A booking designates the date and time, at which a photo shoot is carried out according to the pertaining quote. A mutual 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 website, email, telephone, social media or third-party websites
For inquiries by the Client made via website, email, telephone, social media or third-party websites, the TOS are being sent to the Client via email attachment prior to a booking. In the above cases, a contract enters into force when the Client and Bendik Photography mutually agree on a quote and the pertaining booking. Then, these TOS form part of the contract, even if the quote or booking have been changed prior or after conclusion of the contract.
2.2 Bookings made during personal meetings
For bookings by the Client 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 according to the Client’s wishes. Through signing the contract, the Client acknowledges and accepts the TOS valid at the time of signing.
2.3 Bookings via third parties
If the inquiry and/or pertaining booking by the Client is made via a third party, the TOS are being sent to the third party and the Client via email attachment prior to a booking. A contract enters into force when the third party and Bendik Photography mutually agree on a quote and the pertaining booking, whereby a valid power of representation between the third party and the Client is assumed. Then, these TOS form part of the contract, even if the quote or booking have been changed prior or after conclusion of the contract.
The amount of photographs processed according to paragraph 3.3 that is 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 delivered to the Client per hour of photo shoot. The photographs delivered to the Client are exclusively selected by Bendik Photography.
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
b) size and format of photographs for social media use:width 2048 px., jpeg format, small digital copyright watermark
Delivery of photographs in .RAW format is exceptional and carries a surcharge of CHF 980.
All delivered photographs are processed in terms of their brightness, contrast and color. The latter may sometimes deviate from perceived colors and certain photographs may be delivered in black and white at the discretion of Bendik Photography.
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.
The maximum duration of delivery of photographs to the Client is stated in the inquiry or quote pertaining to the contract. If the delivery duration has not been specifically stated in the contract, a minimum of 10 working days (Monday – Friday excluding Swiss national holidays) and a maximum of 40 working days 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 photo books are delivered to the Client, strongly depends on the Client’s selection of the photographs to be used. A minimum of 30 working days (Monday – Friday excluding Swiss national holidays) after all processed photographs have been delivered needs to be assumed. In case the selection of the photographs by the Client needs longer than 30 working days, a surcharge of CHF 100 will be applied.
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 90 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 requires the explicit previous consent of Bendik Photography. 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 or must contain a suitable reference to Bendik 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 shortening the duration of a booking 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 Photography’s explicit consent.
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 require the consent of Bendik Photography and is subject to an hourly fee of CHF 400.
Depending on the size and complexity of the photo shoot, Bendik Photography decides on whether assistants are needed for the photo shoot.
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 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 two personal consultations.
5.1 Travel fees when booking with unknown location
In case the exact location of the photo shoot is not known at the time the inquiry or quote was made, the travel fee to the respective service zone will additionally be billed.
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 total price. 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.
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.
7. SEVERABILITY CLAUSE
In case any provision in these TOS 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.
8. 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.
23. May 2018, Zurich, Switzerland