General Terms and Conditions (GTC)

1. Provider

Wiau Portrait Photography for pets by Sophie Herter

(hereinafter referred to as the “Photographer”)

2. Scope of Application

These General Terms and Conditions (GTC) apply to all contractual relationships, offers and services between the Photographer and her clients (hereinafter referred to as “Clients”), in particular in connection with photo shoots for pets as well as pets together with their owners.

By booking a photo shoot or using a service provided by Wiau Portrait Photography for pets by Sophie Herter, the Clients agree to these GTC.

Any differing terms and conditions of the Clients shall only apply if expressly agreed upon in writing.

3. Conclusion of Contract

A contract is concluded as soon as the Clients request an offer from Wiau Portrait Photography for Pets by Sophie Herter in writing (e.g. by email, contact form or via social media) and this request is confirmed in writing by the Photographer, or as soon as the Clients make use of a service provided by Wiau Portrait Photography for pets by Sophie Herter.

4. Services of the Photographer

The Photographer offers professional photo shoots for pets of all kinds as well as pets together with their owners.

The specific scope of services (e.g. duration, location, number of images, type of image editing) results from the respective offer or from an individual agreement between the Clients and the Photographer.

Unless expressly agreed otherwise, the selection, number and retouching of the final edited images as well as the photographic style are at the creative discretion of the Photographer.

5. Obligations of the Clients

The Clients shall arrive on time at the agreed appointment and keep their pets on a leash as a general rule.

The Clients undertake to comply with all legal requirements regarding the keeping and handling of their pets and to inform the Photographer in advance of any special behaviour (e.g. fear, insecurity or aggression).

In the event of aggressive or uncontrollable behaviour of the pet, the Photographer is entitled to terminate the photo shoot at any time.

The Clients remain fully responsible for their pet throughout the entire photo shoot.

6. Appointments, Rescheduling and Cancellation

Appointments are binding.

Any rescheduling or cancellation must be communicated no later than 48 hours before the agreed appointment. In the event of short-notice cancellations or no-shows, the Photographer reserves the right to charge a cancellation fee.

The amount of the cancellation fee depends on the agreed service and will be communicated individually.

The Photographer reserves the right to reschedule appointments due to weather conditions, especially for outdoor shoots.

7. Prices and Payment Terms

The prices agreed upon at the time of booking shall apply.

Unless otherwise agreed, the full invoice amount must be paid prior to the photo shoot.

8. Delivery of Images

The images will be delivered in digital form (e.g. via an online gallery or download).

The delivery of raw files (RAW files) is excluded.

9. Usage Rights and Copyright

All images created by Wiau Portrait Photography for Pets by Sophie Herter are subject to Swiss copyright law.

Unless otherwise agreed in writing, the Clients receive a simple, non-transferable right of use exclusively for private purposes.

In particular, the following is not permitted:

commercial or business use,
resale of the images,
transfer of the images to third parties,
posting or use of the images by third-party social media accounts,
use for marketing, advertising or business purposes,
tagging companies or using promo codes.

Editing the images (e.g. filters, cropping or color adjustments) is not permitted.

Any use beyond private purposes requires a separate written licensing agreement.

The Photographer will be happy to provide information about available options and costs.

10. Publication Rights of the Photographer

The Photographer is entitled to use the images created during the photo shoot for her own purposes, in particular for:

her website
her social media
her portfolio
advertising
stock media

11. Liability

The Photographer is liable only for damages caused by intentional or grossly negligent conduct.

The Photographer assumes no liability for damages, injuries or losses caused by the behaviour of an animal.

The Clients are liable for all damages caused by their pets.

12. Force Majeure

If an appointment cannot be carried out due to force majeure (e.g. serious illness, accident, natural disasters, epidemics, pandemics, severe weather, storms, avalanches, earthquakes or comparable unforeseeable events), there shall be no entitlement to damages.

Any payments already made will be credited or an alternative appointment will be arranged.

Any further claims, in particular claims for damages, are excluded.

13. Data Protection

Personal data is treated confidentially and processed exclusively in accordance with the applicable provisions of the Swiss Data Protection Act (DPA).

Further information can be found in the privacy policy at www.wiauportrait.ch.

14. Amendments to the GTC

The Photographer reserves the right to amend these GTC at any time.

The current version shall come into force upon publication on the website.

In principle, the version of the GTC valid at the time of conclusion of the contract shall apply, unless the Client has expressly agreed to a newer version.

15. Priority

These GTC replace all previous terms and agreements.

Individual contractual agreements shall take precedence over these GTC insofar as they supplement or specify them.

16. Governing Law and Jurisdiction

Swiss law shall apply exclusively.

The place of jurisdiction is the Photographer’s place of business, insofar as legally permissible.

17. Final Provisions

Should any provision of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

Any amendments or additions to these GTC must be made in writing.

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