PREAMBLE

The general terms and conditions are intended to achieve a fair balance of interests between YOU Photo GmbH and customers. “Studio” is synonymous with YOU Photo GmbH.

When the Customer/Client book a photo session via email, SMS, WhatsApp, online (website, Instagram, Facebook), an order is considered booked and these Terms and Conditions are accepted.

I. DEFINITIONS

Photographic work

The term “photographic work” means the result of work carried out by the Studio for the Client/Customer in accordance with the agreement made between the parties.

Studio

The “Studio” is YOU Photo GmbH and the person, it’s employees, as well as all the technical equipment which belong to YOU Photo GmbH and set up to perform photoshooting at the address Bundesgasse 26, 3011 Bern (Atelie -1.16), and commissioned to carry out the photographic work for Client/Customer.

Client/Customer

The “Customer” or “Client” (both words have an equal meaning in these T&Cs) is a natural person/-s, who orders the photographic work from the Studio verbally, in writing or online via booking tools. If a photo session was booked for more than one person, words Client/Customer covers all the persons attending this appointment.

Parties

The “parties” are the Studio and the Customer/Client.

Copy of the photographic work/copy

Any reproduction of the photographic work in analogue or digital form is deemed to be a “copy of the photographic work”.

II. PERFORMANCE OF PHOTOGRAPHIC WORK

The design of the photographic work remains entirely at the discretion of the Studio. In particular, it is entitled to make sole decisions about the technical and artistic means of design, such as lighting and image composition.

When carrying out the photographic work, the Studio can use assistants of its choice.

The camera and materials as well as the other equipment necessary for the photographic work are provided by the Studio.

Unless otherwise agreed in writing, the customer is responsible for ensuring that the locations, objects and people required for the photographic work are available in a timely manner.

III. PAYMENT AND DELIVERY METHOD

In general

For commercial customers, the fee agreed between the parties must be paid plus VAT within 30 days of the invoice being issued. For private customers, the agreed fee includes VAT and, unless otherwise agreed, must be paid online, or directly on site via booking systems, using one of the available payment methods.

Late payments may incur interest of 5% per year, as well as reminder fees of CHF 15 for the first reminder and CHF 25 for the second (final) reminder. In addition, a debt collection agency may be engaged for further processing.

The price of the photo session includes basic image retouching (exposure, lighting, color intensity, color temperature, etc.), applied according to the Studio’s internal settings.

By booking a visit to the Studio, the client undertakes to accept the photographic work.

If the client unjustifiably refuses to accept the photographic work, the Studio is entitled to charge the client for any costs incurred.

The delivered material and electronic image data remain the property of the Studio.

After the completion of the photo session and the delivery of the resulting material to the client, withdrawal from the contract is no longer possible. Applicable legal provisions remain unaffected.

The Studio is not responsible for the results of the photography and cannot be held liable for the client’s dissatisfaction with the photographs.

IV. DELAYS / RESCHEDULING

If the client arrives late for the photo shoot, the Studio will attempt, where possible, to extend the duration of the session.

If the Studio is unable to extend the session, the appointment will take place within the originally scheduled timeframe, which may result in fewer photographs being taken due to the client’s late arrival.

Where possible, the Studio may consider rescheduling the photo session.

Such changes must be communicated to the Studio at least 3 days prior to the scheduled session, in order to allow necessary adjustments and to provide the available time slot to clients on the waiting list.

V. CANCELATION POLICY

Customers who make an appointment for a photo shoot at the Studio are obliged to pay the agreed fee in any case. Free cancellation is possible up to 48 hours before the agreed appointment. In case of no-show no rescheduling or refund is possible. Please see Cancelation Policy .

VI. COMMERCIAL USE OF THE PHOTOS BY THE PRIVATE PERSON

General: Image data is never included in the Studio's fee for private orders. Without commercial usage rights, commercial use of the images is not permitted. The commercial copyright for the original image data can be purchased separately. Please, contact the Studio for more details.

VII. VOUCHERS & SPECIAL OFFERS

By purchasing a voucher for a specific number of minutes, the client acknowledges that the voucher price is guaranteed for 6 months from the date of purchase. If the Studio’s service prices change during or after this period, the client may be required to pay the price difference.

Vouchers that are not redeemed within 6 months from the date of issue retain the value of the photo session at the time of redemption, but not the value of the photo session at the time the voucher was purchased.

If the price of a photo session increases before the voucher is redeemed, the client must pay the price difference.

Special offers lose their validity if they are not redeemed within the specified period.

VIII. USE OF THE CLIENT’S PHOTOS

After the shooting has been completed, the Studio acquires rights to the Client’s images, to publish the images within its marketing campaign, to artistically modify images, to use images as references, etc. Before using images, the Studio ensures, to the extent possible, that no rights of third parties, goods or places are infringed. The Studio has the right at any time to note and show cooperation with the customer and the photographic works created for him, including in publications (Internet, printed materials), at exhibitions and in conversations with potential customers.

Commercial customer agrees that the photographic work may be used for the Studio's own advertising (in particular websites, Instagram and Facebook pages, Google Maps and etc.). The Studio further reserves the right to publish the photographic work in any form and on any medium.

IX. LIABILITY

The client is responsible for supervising their children and pets.

The Studio assumes no responsibility for accidents involving children, pets, or private property during the photo session or consultation.

The client bears full responsibility for the behavior and actions of their children and/or pets, including damage caused to third-party property or Studio property.

If Studio property is damaged by the client, their children, or their pets, the client agrees to reimburse the Studio for repair costs and to compensate the Studio for any loss of income during the period the Studio cannot operate.

X. FORCE MAJEURE

No compensation can be claimed against the STUDIO and his team if he is unable to complete the assignment due to force majeure (unforeseeable, external, and irresistible events, created by nature or human beings, incl. electricity shut down, cyber attack, pandemic, emergency alert, fire, climatic and seismic events, and etc.).

XI. TECHNICAL DEFECTS

The Studio and its team do not bear any responsibility and do not pay any compensation for digital defects on memory cards or other cases of force majeure or failure of devices/media.

The Studio stores the customer's digital images for at least 7 days after the photo session. The Customer's right to have the images archived by the Studio then expires. The customer is responsible for backing up the data after the data has been sent.

XII. THIRD PARTY USE OF PHOTOS

The Studio and its team are not responsible for obtaining images by the third parties. This is ALWAYS the responsibility of the Client.

XIII. APPLICABLE LAW

The General Terms and Conditions are based on Swiss law. The General Terms and Conditions applies to orders for a photo shoot , other services and for an online order (booking). The General Terms and Conditions are acknowledged by the customer in the moment when he or she complete his/her booking. If the customer does not agree to the terms and conditions, the Studio reserves the right to withdraw from the work order or purchase contract. These terms and conditions are valid for an indefinite period of time. Customers will be notified of any changes on the homepage.

Otherwise, the provisions of the or regarding the purchase contract (Art. 184 ff. OR) and the contract for work (Art. 363 OR) as well as other Swiss laws and regulations apply. If a provision of this contract is or becomes invalid or if the contract contains a gap, the legal validity of the remaining provisions remains unaffected.

The contracts concluded with the Studio are subject to Swiss law. All changes and additions affecting these terms and conditions must be done in writing form.

The place of jurisdiction of the Studio is its business address.

XIV. COMMUNICATION

All communication with the Studio must be conducted in German or English and in written form via post or email.