1. Photographer’s/Videographer’s Services and Deliverables
1.1 Photographic and/or videographic documentation during the event as contractually agreed (Online Contract Creative Management).
1.2 All images selected by the photographer will be edited (contrast, lighting, color tone; usually no retouching). The image composition, artistic-technical design, and the final selection of the images remain at the discretion of the photographer. There is no binding minimum number of images to be provided to the client at the end. Regardless of this, the clients respect the artistic freedom and the individual style of the photographer. The clients are aware that the work is always characterized by this style. Complaints in this regard are excluded.
1.3 Subsequent change requests require a separate agreement and are subject to additional remuneration.
1.4 The images are generally delivered within 90 days after the event (wedding). However, during times of high order volume, especially during the peak season (July–September), processing time may take up to 3 months. Video files are usually delivered within 1–2 months, but processing may take up to 6 months during the peak season. For photoshoots, images are typically delivered within 3 weeks.
1.5 The photo and video recordings will be provided via a personalized and secure download link. This link can be forwarded to guests.
1.6 Additionally, the web gallery includes a slideshow of all image files with music of your choice. The images are delivered in the highest resolution as well as in web size (for packages of 8 hours or more).
1.7 The photographer/videographer backs up all image and video files immediately after the end of the event. However, data loss may occur due to technical failure. The photographer/videographer cannot be held liable for this. The photographer/videographer backs up all image and video files immediately after the event on at least one separate storage medium. Nevertheless, a technical defect or data loss can never be completely ruled out. In such a case, the photographer/videographer assumes no liability.
1.8 For bookings of 8 hours or more, the client will be sent a wooden memory box containing 10 photo prints of their choice at the end of the year.
1.9 If the photographer is commissioned to create an album, a “print proof” (Gut-zum-Druck) will be sent to the client. With written confirmation, the client accepts the preview as the final version and commits to the purchase. Subsequent complaints are excluded or will result in additional costs and a new order.
1.10 If the photographer and/or videographer is unable to attend on the day due to illness, they will arrange for a replacement as quickly as possible, providing equivalent services at the same or a lower price. However, this cannot be guaranteed. In the event of non-performance, the entire amount will be refunded.
1.11 If the event is canceled by the client, there is no entitlement to a refund of the 50% date reservation fee, except in the event of death or severe illness of a party explicitly listed in this contract.
1.12 If the event or shoot must be postponed due to force majeure, such as a natural disaster (earthquake, severe weather, etc.) or a pandemic (e.g., Covid-19), the date can be adjusted by mutual agreement. However, there is no guarantee that the photographer and/or videographer will still be available on the requested date. The photographer and/or videographer will, however, provide all available dates in advance.
1.13 If the event cannot take place due to Covid-19, or if the new date is not yet known, the client will receive the amount of the date reservation fee as a voucher, valid for 3 years from the date of issue. A cash refund of the amount is strictly excluded in any case.
1.14 If the assignment exceeds the agreed-upon time, the photographer/videographer is entitled to additionally invoice the extra effort at CHF 565.00 per hour for the actual time incurred.
1.15 Loss and Storage of Photo Files:
- The client is obligated to independently download and back up the provided photo/video files within 14 days of delivery.
- After this period expires, the photographer/videographer assumes no liability for the loss of the photo/video files and is not obligated to provide them again.
- A renewed provision of the files after the 14-day period has expired can only occur provided the files still exist. In this case, the photographer/videographer may charge a reasonable administrative fee for resending them.
1.16 Selection and Distribution of Recordings at Events:
- The photographer strives to create as comprehensive and diverse a photographic documentation as possible during the event.
- However, there is no entitlement for all persons present to appear in the recordings with equal frequency or in specific constellations. The selection of subjects, perspectives, and image compositions is subject to the artistic discretion of the photographer.
- Complaints or subsequent requests for an equal distribution of depicted persons are excluded.
2. Usage and Copyrights to the Photo and Videographic Works
2.1 The photographer and videographer hold the copyrights to the photographic images and photographic works created by them in accordance with the Copyright Act.
2.2 Unless otherwise agreed, the clients receive a simple, non-transferable usage right to the photographic images and works created by the photographer and/or videographer for personal, non-commercial use. The usage right includes the right to reproduce and distribute for non-commercial purposes.
2.3 Any commercial use of the photographic images and works requires the prior explicit consent of the photographer/videographer. The same applies to editing, retouching, alienation, or alteration of the photographic images and works, including photo compositing, montages, or other manipulations.
2.4 The transfer of usage rights as well as all image and video material generally only takes place after full payment of the agreed remuneration.
2.5 There is no entitlement to the surrender of original files, negatives, or other raw files unless expressly agreed upon in writing in advance between the parties. Only edited images/videos will be delivered.
3. Image Rights / Granting of Publication Rights
3.1 It is important for the photographer and/or videographer to publish images and videos of shoots & weddings in order to convince other clients of the quality of their work. There is an option for the exclusive private use of the image/video material (buyout) for a fee of: CHF 650.00 Sfr. A prohibition of publication must explicitly be communicated to the photographer prior to the event or shoot. Otherwise, it is assumed that publication is permitted. If the decision not to publish the images and videos is made after the wedding, a fee of CHF 1000.00 Sfr. is due.
3.2 The photographer and/or videographer waives their right to attribution via watermarks. If the client has given the photographer instructions regarding persons, locations, or objects to be photographed, it is the client’s responsibility to ensure that photographing these persons, locations, or objects is permissible and does not violate any third-party rights. The client is responsible for obtaining the corresponding rights from affected third parties.
4. Client’s Obligations
4.1 A total fee is agreed upon in return for the photographic and/or videographic services to be provided by the photographer and/or videographer. This fee includes all ancillary services, travel expenses, out-of-pocket expenses, and the transfer of the usage rights for the provided images (see separate quote).
4.2 The client transfers a “Date Reservation Fee” representing an advance payment of 50% of the total fee to the photographer within seven days of the conclusion of the contract. The remaining balance shall be transferred to the photographer up to 24 hours before the start of the event.
4.3 If the order is to be executed within the next 30 days, an immediate transfer of the date reservation fee within three days is due.
4.4 Once a deposit has been transferred, the photographer and/or videographer is obligated to reserve the date for the client. Please transfer the deposit to the following account: Bank Details: Meryl Gashi Photography, Kirchgasse 2, 5000 Aarau, UBS Aarau, CH09 0023 1231 1669 0801 P, UBSWCHZH80A.
4.5 If the photographer/videographer is present for more than 8 hours, a warm meal is expected. If this is not possible, a flat fee of CHF 250.00 Sfr. will be charged for additional catering costs.
4.6 Client’s Duty to Cooperate Regarding Weddings:
- The client ensures that the photographer has unrestricted access to the agreed locations and can work undisturbed.
- The client informs the photographer in good time about the schedule, special requests, and important moments of the wedding.
- The photographer is not liable for missed moments that were not captured due to insufficient information or circumstances beyond their control.
5. Miscellaneous
5.1 Amendments and additions to this agreement are only valid in writing, via email, or directly in the online contract. This contract is subject to Swiss law. The place of jurisdiction is the client’s place of residence.
5.2 The basis of this contract is the online contract from Meryl Gashi Photography, as well as any additional written adjustments made in mutual correspondence between the contracting parties prior to the start of the event.
6. Severability Clause
Should a provision of these General Terms and Conditions (GTC) be or become invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed replaced by a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any loopholes in the regulations.
7. Applicable Law, Jurisdiction
The GTC and the legal relationship between the provider and the client are subject to Swiss law. The competent court at the provider’s registered office is agreed upon as the place of jurisdiction for all disputes between the provider and the client.
Status: January 2025
Meryl Gashi, 09.01.2025
Fotobox Pro (Photobooth Pro)
1. General
The General Terms and Conditions (GTC) apply to all services and products provided, rented, and delivered to the client/lessee by Meryl Gashi Photography (hereinafter referred to as the “Provider”). In particular, the provider offers the rental of photobooths. The GTC are an integral part of every order placed with the provider. Deviating conditions are only valid if agreed upon in writing.
2. Rental Object
The rental object is a Fotobox Pro (Photobooth Pro). The scope of delivery includes the rental of the photobooth as well as its accessories and services by Meryl Gashi Photography.
3. Conclusion of Contract
The order becomes legally binding for the client upon their signature, as well as through the transmission of an electronic message (esp. e-mail or SMS) or transmission by telephone.
4. Prices
The stated prices are in Swiss Francs (CHF) excluding VAT. The applicable prices are the provider’s valid list prices on the day of the order. The price does not include insurance for the photobooth. Insurance is the responsibility of the lessee.
5. Withdrawal (Cancellation)
Clients may withdraw from the contract within 10 days of booking. To exercise this right, the client must declare this in writing either by mail or e-mail. If payment has been made by then, the money will be refunded. For the administrative effort already incurred in creating the rental contract and order, we charge an administration fee of CHF 50.00.
After the 10-day period expires, the following cancellation conditions apply:
- Up to 3 months before the event: CHF 85 cancellation fee
- Up to 1 month before the event: CHF 150 cancellation fee
- Up to 14 days before the event: 50% of the total price
- Up to 7 days before the event: 75% of the total price
- Thereafter: 100% of the total price.
If the lessee must cancel the order/contract due to force majeure, the normal cancellation conditions of Hello-Fotobox apply. Force majeure includes natural disasters, acts of war, strikes, pandemics and epidemics, as well as governmental interventions.
6. Deliveries
Deliveries are made exclusively in Switzerland, by Meryl Gashi Photography or a partner. We are free from any responsibility for potential damages or losses after the rental equipment has been handed over to the lessee.
7. Retention of Title
The rental object remains the property of Meryl Gashi Photography. Insuring the rental objects is entirely the responsibility of the lessee in all cases.
8. Provider’s Services
The provider renders services that are carried out carefully to the best of their ability. The provider reserves the right at any time to change the type, scope, price, terms of delivery, and supply channels of the services provided, and to completely refuse services in the event of late payment or other breaches of duty. Following consultation with the client, the provider sets up the rental object and puts it into operation. If the client wishes to put the equipment into operation themselves, the provider will provide instructions. The provider will be available by phone to the best of their ability during the rental period and is available to the client for support questions.
