Section 1 – Subject of the contract
- The client and the photographer agree on taking photographs on a specified date.
- The photographer provides the client with all successful photos in optimized form electronically via the online gallery for download.
- The client selects the number of photos to be retouched from among the optimized photos (by marking the photos in the online gallery) according to the offer.
- The photographer undertakes to hand over the photos to the client no later than one month after the end of the selection.
- The photographs are handed over digitally in form via the online gallery.
Section 2 – Costs
- The cost of the shooting is to be paid before the shooting.
- Additional retouched images can be purchased at a price of CHF 50 per picture.
- Additional prints, murals, etc. can be ordered in the online store of the gallery.
Section 3 – Right of use
- The client is entitled to use the finished photographs for private purposes without any restrictions as to time, place and content.
- Further processing by the client or by third parties is not permitted. This also includes any filters by Instagram or Facebook, etc.
- The photos may not be used for commercial purposes.
Section 4 – Disclosure of personal data to third parties
Due to the workflow, it is necessary to forward personal data, in the form of image or video files, to third-party providers. The online providers with whom the contractor cooperates are based in Germany and Switzerland. Not all third-party providers are used for every order.
Third-party providers fall into the following categories:
4.1 Image editing software
4.2 Provider for online galleries
4.3 Providers for image editing and photo development or printing
4.4 For communication between photographer and client, email programs and Whatsapp are used, among others.
A detailed list of third party providers can be requested in writing.
The client may object in writing to the disclosure of data to third-party providers. In this case, additional costs may be incurred and an individual offer must be submitted.
Section 5 – Cancellation and refund
- If the shooting is cancelled due to the fault of the photographer or due to force majeure, a new date will be arranged.
- There is no refund of payments already made.
- When a voucher is redeemed, it loses its validity and is replaced by the contractual provisions of this contract.
- The shooting will also take place in the event of rain or similar weather conditions, if the animal owner agrees (with the exception of the package “Princess” and luxury package “Queen", where the client is allowed to decide).
5.1 Package “Duchess”
- Cancellation by the client up to 30 days before: 50% of the price will be credited in the form of a voucher.
- Cancellation by the client until 2 days before: No refund.
5.2 Package „Princess” and Birthday package
- Cancellation by the client up to 30 days before: 80% of the price will be credited in the form of a voucher.
- Cancellation by the client until 2 days before: 50% of the price will be credited in the form of a voucher.
- Cancellation by the client until the day of the shooting: No refund.
5.3 Luxury package „Queen"
- Cancellation by the client until 2 days before: 80% of the price will be credited in the form of a voucher.
- Cancellation by the client until the day of the shooting: No refund.
5.4 Shooting in Germany
- If the client cannot participate, they are entitled to pass on the ticket. Any refund and issuance of a voucher are excluded.
Section 6 – Miscellaneous
- RAW files will not be handed out.
- The photographer undertakes to keep the finished pictures for one year.
- Complaints regarding the selection or retouching of the photos can be considered up to 3 months after the shooting at the latest. The RAW files will then be irrevocably deleted.
- The animal owner and the photographer assume no liability for personal injury or property damage caused by the animals.
- This contract is subject to Swiss law. The place of jurisdiction is the place of residence of the photographer.
- If in particular, but not exclusively, Section 3 is violated and not corrected within a reasonable period of time, the photographer reserves the right to take further legal action and to impose a penalty of up to CHF 10,000.00.
- If any provision of this contract becomes invalid, this will not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the invalid provision.