A. SCOPE OF APPLICATION
A.1 These general terms and conditions (GTC) regulate the contractual relationship between Eva Roggenstein and its customers.
A.2 By concluding a contract with Eva Roggenstein, either by electronic confirmation or in writing, the signatory of the order form or the client certifies that he has read, understood and accepted these terms and conditions without reservation. The general terms and conditions are deemed to be understood and accepted in their entirety with the receipt of the quotation countersigned by the customer (in writing or electronically).
A.3 These general terms and conditions apply to the entire contractual relationship between Eva Roggenstein and her clients. They also apply to mandates carried out by third parties acting on the instructions of Eva Roggenstein (employees, subcontractors, agents, etc.). Specific conditions and/or agreements, to be drawn up in written form, may apply to the relationship between the parties. They shall supplement or amend the General Terms and Conditions and shall take precedence over the latter.
A.4 These general terms and conditions do not regulate the relationship between Eva Roggenstein and its subcontractors or employees.
B. QUOTATIONS, INVOICES - BASIC AND ADDITIONAL SERVICES
B.1 All services and products offered to clients are explicitly detailed in the quotation sent by Eva Roggenstein. The fees do not include post-production costs, travel costs, accommodation costs or other additional expenses, unless specifically mentioned in the quotation.
B.2 Eva Roggenstein's quotation is binding until the expiry of the period specified therein. If the quotation does not indicate any other period of validity, it remains valid for 30 days from the receipt of the e-mail by the client. If no reply is received from the client after the expiry of the deadline, Eva Roggenstein will provide the client with a new quotation, the conditions of which, including the rates, may differ from the original quotation.
B.3 The contract is deemed to have been concluded when the client approves the quotation by electronic means, by registered mail or via the file management platform used by Eva Roggenstein (ex. Pixieset).
B.4 Prior to the conclusion of the contract, either party may withdraw from the negotiations without incurring any financial consequences, unless otherwise specified in the quote.
B.5 For all new work requests during the course of the mandate, an additional quote will be issued. This will be validated and the services will be added to the current assignment upon receipt of the signed estimate returned via the file management platform used by Eva Roggenstein (ex. Pixieset), by email or by registered mail.
B.6 When the services of models, food stylists, assistants and other related trades, rental of shooting location, rental/purchase of photography equipment or styling equipment are requested by clients, these services are charged in addition to the normal photographic/videographic services.
B.7 The date of the shooting will be confirmed and validated upon receipt of the signed quote and the deposit as per paragraph C. below. Until both elements are received, the date is not guaranteed.
C. PAYMENT AND INVOICING
C.1 A deposit of at least 20% of the estimated amount is to be paid after signing the quotation, for formal reservation, and this must be done within 7 days after signing, unless otherwise agreed in writing between the two parties. If the period between the reservation and the service is less than 30 days, Eva Roggenstein reserves the right to invoice the entire fee in one go.
C.2 The deposit will be 50% in the case of major expenses incurred by the booking, such as travel or accommodation, premises, etc.
C.3 The balance must be paid at the latest 30 days after the shooting by bank transfer. Any bank charges are entirely at the client’s expense.
C.4 At the end of the mandate, when the work is deemed completed by both parties, a final invoice summarizing the various accepted estimates, services performed and amounts paid by the client will be issued via the software.
C.5 Once the client concludes the contract by signing the quotation, he/she is obliged to pay the deposit. If the customer does not pay the deposit, Eva Roggenstein will initially send a reminder by email, then by registered mail with acknowledgement of receipt with a deadline for payment of the amount due within 5 working days. If there is no reaction within the time limit, a reminder will be sent by registered mail with acknowledgement of receipt for payment within 3 working days. The costs of the reminder, respectively the reminder, amount to CHF 30.00 each time. In case of non-payment, Eva Roggenstein reserves the right to take legal action. The same applies to all other amounts which the client undertakes to pay and which he/she does not pay.
C.6 If additional hours, i.e. hours exceeding what was foreseen in the estimate, must be carried out, they will be invoiced at CHF 100.00/hour and payable within 30 days of receipt of the invoice.
C7 If the client wishes to obtain the raw video footage (native video files), they will be charged at CHF20 per minute of footage.
D. CHANGE OF DATE OR CANCELLATION
After validation of the estimate, the date of the service is considered non-modifiable, subject to the conditions below.
D.2 CHANGE OF DATE
D.2.1 If the client wishes to change the date of the shooting after the validation of the quote, this change can only be made with the agreement of Eva Roggenstein and according to the availability of the latter. If no agreement is reached, the client may request the cancellation of the shooting according to the terms and conditions set out below (section D.3).
D.2.2 If the shoot is moved to a later date at the request of the Client, Eva Roggenstein will receive the total amount quoted for the service on the original date.
D.2.3 In the event of a second postponement of the event at the request of the client, the full amount of the quote must be paid no later than the announcement of the second trip. In addition, a supplementary quotation, which may be higher than the basic price, will confirm the reservation of the new date. If this offer is not accepted, the contract is terminated and the full amount of the initial fee is retained by Eva Roggenstein.
A third postponement of the event at the request of the client will not be accepted, except in special circumstances.
D.2.4 It will not be possible to ask for the cancellation of another service, agreed with another client, if the desired day is already booked.
D.2.5 This chapter does not apply to travel due to weather conditions, illness or accident duly documented by the client or other similar circumstances.
D.3.1 The client who wishes to cancel the shoot after the acceptance of the quote must inform Eva Roggenstein by registered mail with acknowledgement of receipt. The deposit for the initial booking will not be refunded under any circumstances. If the cancellation of the shooting occurs less than 30 days before the scheduled date, 50% of the total amount is due. If the cancellation occurs less than 15 days before the scheduled date, 75% of the total amount is due. If the cancellation occurs less than 7days before the shooting, the full amount is due, from which any travel or accommodation costs that Eva Roggenstein may be reimbursed will be deducted.
D3.2 If Eva Roggenstein is unable to fulfils her obligations and the shoot cannot be rescheduled, Eva Roggenstein undertakes to offer the Client an alternative solution, notifying the Client as soon as possible by e-mail. A study of the possibilities will then be made in order to find the best compromise for both parties. The payment of the service will remain identical to what was agreed between the parties, without additional cost for the client.
D.3.3 After all other means of fulfilling its obligations have been exhausted, Eva Roggenstein may cancel a scheduled session or shoot by notifying the client as soon as possible by registered mail with acknowledgement of receipt. All amounts already paid by the client will be refunded in full.
D.4 CANCELLATION OR POSTPONEMENT OF A GIFT SESSION (GIFT VOUCHER)
D.4.1 In the case of cancellation or postponement of a session offered by a third party (gift voucher), articles D.1 to D.3 are applicable.
D.4.2 Moreover, if the client shows up after the expiration date of the gift voucher, the session cannot be held and no compensation can be claimed by the client.
D.5 EPIDEMIC AND/OR PANDEMIC/WAR
D.5.1 In the event of an epidemic/pandemic resulting in limitations on events in the public or private sphere, Eva Roggenstein agrees to enter into discussions to find a mutually agreeable solution.
D.5.2 In any event, a certificate of non-performance of the mandate must be signed by the client within 7 days of the announcement of the cancellation of the event, which can be done by email or by registered letter.
D.5.3 In case of cancellation or relocation of the service, the general provisions in case of cancellation shall apply, unless otherwise agreed by the parties.
D.5.4 These provisions are also valid in case of war.
E. ORGANIZATION OF THE SHOOTING
E.1 Photographic/videographic assignments are carried out by experienced personnel. The photographers and videographers arrive at the agreed location ready and fully equipped with the appropriate equipment for the assignment.
E.2 All the capture material is provided by Eva Roggenstein or its subcontractors. The equipment used consists exclusively of professional quality equipment intended for the sole use of photographic/video services of our clients. The equipment is carefully maintained and is deemed to be complete and in perfect working order during the mandates. On certain occasions, consumable expenses may be charged, in particular when said consumables are given to the clients at the end of the mandate in the case of a particular request.
E.3 Eva Roggenstein, or its subcontractors, insures the material used adequately for all the usual uses of the latter. In the event of breakage, loss or theft due to inadequate care by the client, his/her employees, guests or circumstances of use or storage, Eva Roggenstein is entitled to claim damages in the amount of the insurance excess, or, in the event that the damage is not covered by insurance, the costs of repair or replacement of the damaged items. All related costs are supported by ad-hoc invoices.
E.4 The attendance schedule of Eva Roggenstein, respectively that of her subcontractors or employees, is agreed between the parties. However, at the earliest, the photographer/videographer will arrive at 09 a.m. and will leave at the latest at 6 p.m. The duration of the intervention of the photographer/videographer is 8 hours maximum, including travel between the various locations of the event and meals. If clients wish the photographer/videographer to be present on site before 9 a.m or after 6 p.m, they will have to pay for an additional night’s accommodation near the shooting location. An additional estimate will be submitted to the client for acceptance and will be the subject of an additional invoice. If the estimated hours are exceeded, a supplementary invoice will be sent to the client at a later date, in accordance with section C.6. In case of unexpected overruns, if not already included in the contract, a hotel room for each photographer/videographer will be invoiced, before or after the service, in addition to the conditions already agreed upon when the quote was signed.
E.5 When a service exceeds 5 hours of shooting, the clients must provide a lunch (cold or hot at noon) and a hot dinner in the evening (starter – main course – dessert) seated at a table. In this case and if the photographer/videographer’s meal (lunch and dinner) has not been provided, he/she reserves the right to leave the location of the shooting to eat. The time will not be deducted and no compensation will be claimed. The lunch or dinner will be invoiced to the client.
E.6 In the event that the photographer/videographer needs to be accommodated before and/or after the assignment, Eva Roggenstein reserves the right to choose the accommodation at the client’s expense. In any case, a private room with bathroom is mandatory. Unless otherwise agreed, Eva Roggenstein reserves the accommodation. The accommodation must be within a radius that does not require the photographer/videographer to travel by vehicle (public transport or car).
E.7 In the event that the photographer/videographer needs to travel to the location by means other than a vehicle (e.g. plane, boat, train, etc.), Eva Roggenstein reserves the right to choose the type of transportation and the time of day at the client’s expense. Unless otherwise agreed, Eva Roggenstein reserves the transportation. Eva Roggenstein reserves the right to charge the difference in rates if the variation is due to the client’s delay in notification.
E.8 In the case of an event requires a second photographer/videographer, a model, a stylist, an assistant, an additional fee will be calculated and invoiced. The same conditions as above apply for lunch and dinner as well as accommodation and transportation. A separate room will be required.
E.9 Client agree to reserve a parking space for the photographer’s/videographer’s car as close to the entrance as possible at all strategic locations. Parking fees will be invoiced to the client.
E.10 The locations of appointments (for set-up, delivery, etc.) are agreed upon between the parties; if not agreed upon, Eva Roggenstein chooses the locations. If a face-to-face appointment cannot be arranged (e.g. due to health restrictions), a video conference or telephone call may be offered by Eva Roggenstein. The client is responsible for the cost of the travel fees.
E.11 The client must send an email to Eva Roggenstein with a briefing explaining the expectations no later than 14 days before the scheduled shooting date, or earlier if possible. The briefing should include general instructions for the shoot: publication platform (website name, social media platforms, printed publication, etc.); desired image size, resolution, and dimensions; the number of photos/videos required; desired styling and editing preferences. Eva Roggenstein can assist the client in defining this briefing. Once the briefing is established and agreed upon by both parties, it cannot be modified. Any desired modifications will be subject to an hourly rate as defined in section C.6.
E.12 When the client works with a web designer for their website or a community manager for their social media platforms, it is their responsibility to confirm the specific requirements for these communication channels. These requirements will be part of the detailed briefing mentioned in point E.11. Any additional requests after the briefing has been approved and/or the service has been executed will be charged at the hourly rate defined in point C.6.
E.13 During the execution of the service, the client may wish to approve the images during the shooting process. This request must be made when defining the briefing. Eva Roggenstein will communicate to the client the time frame during the shooting day when the client should be available to confirm or request modifications to the image. Eva Roggenstein will send a preview of the image for validation to the client through the specified communication channel in the briefing. The client will then have 15 minutes to approve or request modifications to the scene to the photographer. In the absence of a response from the client within this timeframe, Eva Roggenstein will proceed with the shooting, considering the scene and image validated by the client. Any subsequent modification requests from the client will be charged at the hourly rate defined in point C.6.
E.1.14 The photographer/videographer reserves the right to discontinue her services in the event of disrespect (verbal or physical abuse) on the part of clients or third parties. If the conflict is not resolved on the spot, the photographer/videographer is immediately released from his or her obligations towards the clients, without the latter being entitled to claim compensation.
After the shooting, Eva Roggenstein will deliver the mediums (photo or video) within 1 to 3 months after the date of the event, in the gallery made available to the client on the internet.
G. POST-PROCESSING, STORAGE OR PRINTING MEDIA
G.1 Eva Roggenstein reserves the right to choose the type of post-processing. By entering into a contract with Eva Roggenstein, the client grants full trust in her expertise as a photographer/videographer and therefore cannot request any style modifications (e.g., color grading, framing, exposure).
G.2 The original files (photos and videos), known as native or raw files, cannot be transferred to the client under any circumstances. They are the firm and definitive property of Eva Roggenstein.If the client wishes to obtain the raw video footage, they will be required to pay the amount defined in C.7.
G.3 The client acknowledges and accepts that:
- The client has reviewed the photographer's previous work and portfolio and reasonably expects the photographer to provide the services in a similar style.
- The photographer will exercise artistic judgment in providing the services and will have the final say regarding the aesthetic judgment and artistic quality of the services.
- Disagreement with the aesthetic judgment or artistic ability of the photographer does not constitute a valid reason for terminating this agreement or requesting a refund.
H. COPYRIGHT AND REPRODUCTION, DISTRIBUTION
H.1 The following conditions apply to all types of services agreed upon between the parties, whether they are paid, offered, or a collaboration.
H.2 The photographs/videographs delivered by Eva Roggenstein, as well as her subcontractors, are works protected by copyright under the terms of the Swiss Copyright Law (LDA - Loi fédérale du 9 octobre 1992 sur le droit d'auteur). The client must be aware of this law before signing the contract.
H.3 The client has the right to use the images within the limits of internal use within the organization or private use within the family circle, including uses explicitly agreed upon in advance or reasonably acceptable.The photographs/videographs delivered by Eva Roggenstein cannot be modified without her consent.
H.4 Eva Roggenstein is entitled to charge additional fees for posters, major advertising campaigns, international use of the images, and reproduction rights for usage beyond one year from the date of the service. In such cases, it is the client's responsibility to inform Eva Roggenstein in advance of the intended use of the photographs/videographs.
H.5 Specific licensing fees apply for large-scale public uses, such as publications on the main pages of a website, printed materials such as brochures/flyers/posters, advertisements, and articles in newspapers, as well as publication through televised or similar audiovisual media. In such cases, it is the client's responsibility to inform Eva Roggenstein in advance of the intended use of the photographs/videographs.
H.6 Reproduction rights are calculated based on the type of usage, reproduction format, print volume, distribution (regional, national, international), and duration, according to customary rules and rates established by the Association Suisse des Banques d'Images et Archives Photographiques (Swiss Association of Image Banks and Photographic Archives). Unless otherwise agreed, reproduction rights apply to a single publication or agreed-upon use, documented in writing between the parties. Any broader usage (republication, use on the Internet or Intranet, advertising, etc.) requires renewed written agreement between the parties.
H.7 Each use or reproduction of the photographic/videographic material created by Eva Roggenstein, her subcontractors, or employees must be accompanied by the author's name, either "Eva Roggenstein" or "lestudiodupetitoiseau.ch," and "@unpetitoiseaudanslacuisine" on Instagram, alongside the published image(s), in the impressum or in the section reserved for photographic/videographic credits. In the event of non-compliance with this condition, Eva Roggenstein is entitled to increase the price of the ordinary service by 50% to 100% and/or claim compensation based on the rates of the Union Suisse des Photographes Professionnels (Swiss Union of Professional Photographers).
I. DISTRIBUTION RIGHTS BY EVA ROGGENSTEIN
I.1 Eva Roggenstein, her subcontractors, or employees are entitled to mention the work done on their own website or other platforms intended to showcase their work. For this purpose, scripto-visual elements related to the assignment or the client, such as hyperlinks, promotional texts, photographs, videographs, and logos, may be used.
I.2 Unless otherwise notified by the client in writing, sent by registered mail, the client grants Eva Roggenstein the freedom to publish the photographs and videographs on the communication channel of Eva Roggenstein's choice. In the event of a refusal to publish, Eva Roggenstein may request compensation for the loss of visibility and promotion of the work. Clients cannot oppose the use of photographs/videographs where individuals are not recognizable or photographs/videographs known as "still life," etc.
I.3 The client assumes responsibility for obligations and liabilities arising from compliance with the right to the image of the subjects present and confirms, by entering into the contract
J. VALIDITY AND MODIFICATIONS
J.1 If one or more provisions of these terms and conditions are deemed null, invalid, or unenforceable, the other provisions shall remain in full force and effect. The parties agree to replace the null and invalid clause with a clause that closely reflects the spirit and content of the originally agreed-upon clause.
J.2 Eva Roggenstein may modify these general terms and conditions at any time. The modifications will be made available to the client by Eva Roggenstein through an internet link. The client may accept or reject the modifications before their effective date. Unless the client notifies Eva Roggenstein in writing of their refusal before the proposed effective date of the modifications, the client will be deemed to have consented to the modifications. If the client rejects the proposed modifications, the terms and conditions in effect at the time of the contract's conclusion will remain applicable until the end of the contractual relationship between the parties.
K. JURISDICTION AND APPLICABLE LAW
All legal relationships between the client and Eva Roggenstein are subject to Swiss law, including when used abroad. The place of performance and exclusive jurisdiction is in Apples, in the canton of Vaud, Switzerland.
Apples, le 05.06.2023
Le Studio du petit oiseau
Route de Yens 29, 1143 Apples
conditions générales : https://www.lestudiodupetitoiseau.ch/conditions-generales/