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 directly on site via booking systems, using one of the available payment methods.

The delivered material and electronic image data remain the property of the photographer until full payment has been made. Late payment may be subject to interest of 5% per year, as well as reminder fees of CHF 15 for the first reminder and CHF 25 for the 2nd (= last) reminder. Furthermore, a debt collection company is called in for further processing.

By booking a visit to the studio, the customer undertakes to accept the photographic work. In the event of an unjustified refusal to accept the photographic work, the Studio will pass on the costs incurred to the Customer/Client.

After the shooting has been completed and the resulting material has been handed over to the customer, it is no longer possible to withdraw from the contract. Applicable legal provisions continue to apply.

The studio is not responsible for the results of photography and cannot be held responsible for the client's dissatisfaction with his photographs.

IV. 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 24 hours before the agreed appointment. In case of no-show no rescheduling or refund is possible. Please see Cancelation Policy (добавить ссылку).

V. 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. Plese, contact the Studio for more details.

VI. VOUCHERS & SPECIAL OFFERS

Gift vouchers that are not redeemed within one year from the date of issue will retain the value of the photo shoot at the time the voucher is redeemed, but not the value of the photo shoot at the time the voucher is purchased. If the cost of a photo session increases by the time of using the voucher, the client who presented the voucher is required to pay the difference in price.

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

VII. USE OF THE CLIENT’S PHOTOS

With an explicit consent of the Private Customer, made by checking a box in a special form, The Studio acquires rights to publish the Client’s images, to make the images accessible to third parties, 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 customers

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

VIII. 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.).

IX. 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.

X. THIRD PARTY USE OF PHOTOS

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

XI. 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 must be expressly acknowledged by the customer. 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.