General Terms and Conditions (GTC)
1. Scope of application
These General Terms and Conditions (GTC) apply to all services provided by Lara Baeriswyl Fotografie, particularly to horse photography, coaching sessions, and the sale of image files, prints, and other photographic products.
By booking a photo shoot or any other service, these terms and conditions are deemed accepted.
2. Contract conclusion
A contract is concluded with the written confirmation of the date by the photographer.
The scope of services depends on the specific offer or the service booked.
3rd prizes and payment
The prices agreed at the time of booking apply.
The base price for the photo shoot is due no later than the day of the shoot, unless otherwise agreed in writing.
Additional image orders, print products or additional services are invoiced separately after the order has been placed.
4th date postponement and cancellation
A photo shoot may be postponed due to unsuitable weather conditions, illness, or other unforeseen circumstances.
Since weather, light, and the well-being of the horses have a significant impact on the quality of the images, the photographer, together with the client, decides on any possible postponement of the appointment.
Any postponement due to illness or dangerous weather conditions is of course free of charge.
The following conditions apply to a cancellation:
-
up to 14 days before the appointment: free of charge
-
13 to 7 days before the date: 50 % of the shooting price
-
less than 7 days before the appointment or no-show: 100 % of the shooting price
Any travel, accommodation or other costs that have already been incurred will be charged additionally.
5. Conducting the shooting
The safety and well-being of humans and animals always have the highest priority.
The customer or the client is responsible for ensuring that the horse is healthy, adequately insured against liability, and suitable for the shooting.
The photographer reserves the right to cancel or postpone a shoot if safety cannot be guaranteed or the well-being of the horse appears to be at risk.
For damages caused by animals, the respective animal owner is liable within the framework of the legal regulations.
If the shooting begins later than planned due to reasons that are not attributable to the photographer, the shooting time can be shortened accordingly.
6. Image selection and image editing
The selection of the images is made by the client after the shoot.
The processing of the images takes place in the characteristic style of the photographer. This style is visible on the website and on social media and forms an essential part of the booked service.
RAW files and unprocessed images are generally not released.
There is no claim to the release of all the resulting images.
7th delivery of the pictures
The finished images are made available via an online gallery within the individual delivery timeframe communicated.
The delivery time may be extended during the peak season or due to exceptional circumstances. The customer will be informed in this case.
8. Copyright and rights of use
The copyright of all images remains with the photographer.
With the purchase of the images, the customer receives a simple, time-limited, and unrestricted right of use for private purposes.
The images may be used for social media, private prints, and personal use.
Any commercial use, publication by companies, participation in competitions, or the transfer of the images to third parties is only permitted with the prior written consent of the photographer.
9. Change of images
The delivered images may not be modified by filters, image editing programs, or applications of artificial intelligence.
In particular, it is prohibited to,
-
Change colors or contrasts,
-
Applying presets or filters,
-
Removing or adding people or animals,
-
To exchange background information,
-
To perform retouching,
-
Let images be edited, expanded, or recreated using AI.
The photographic style is part of the artist's work and may not be altered.
If any subsequent adjustments are desired, they can be requested directly from the photographer at any time.
10th publication by the photographer
The photographer is entitled to use the resulting images for her portfolio as well as for her website, social media, printed materials, exhibitions, competitions, and advertising purposes.
If a client or customer does not wish to do so, this must be communicated in writing before the shoot.
11. Complaints
The client or customer knows the photographer’s style and books the service based on the work shown on the website and in social media.
Complaints based on personal taste or artistic style do not constitute a defect in the performance.
Complaints must be communicated in writing within seven days of receiving the images.
12. Liability
The photographer is solely liable for damages caused intentionally or through gross negligence.
No liability is accepted for weather-related restrictions, unpredictable behavior of animals, technical failures outside of their sphere of influence, or force majeure.
Should a complete loss of the image data occur due to a technical defect or force majeure, the liability shall be limited to the refund of already paid amounts.
There is no claim for damages or reimbursement of lost memories.
13. Data protection
Personal data is processed exclusively for the purpose of processing the order and is treated confidentially.
The current privacy policy on the website applies.
14. Final provisions
Swiss law applies exclusively.
The place of jurisdiction is the photographer’s place of residence, unless mandatory statutory provisions contradict this.
Should any provision of these GTC be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.